5 Written questions
5 Matching questions
- Rules of Interpretation
- Economic Waste
- Statutory Law
- Certainty of Terms
- a Court looks at the whole over parts. Court looks at written or typed over printed words.
- b Can't be too ambiguous
1. The parties must be known
2. subject matter must be known
3. Time for performance stipulated
4. price terms
- c a representative who acts on behalf of other persons or organizations
- d The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
- e occurs when the cost of repairing or completing the performance as required by the contract greatly outweighs the benefit to the owner. The difference in material prices is given... not having to rip out and replace something because it is too costly
5 Multiple choice questions
- A cause and effect relationship in which one variable controls the changes in another variable.
- a system in which power is divided between the national and state governments
- failure to act with the prudence that a reasonable person would exercise under the same circumstances
- is when the victim did something that helped cause his or her own injury
- Party must try to mitigate additional losses. (i.e. renting a room)
5 True/False questions
Assumption of Risk → Basically, a statute of limitations that is not dependent on the happening of a cause of action. Statutes of repose generally begin to run at an earlier date and run for a longer period of time than statutes of limitations.
Unilateral Mistake → Similar to reasonable person standard, but for specific jobs and careers
Passerby → someone who is walking past a place by chance
Objective Theory of Contracts → A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.
American Rule → means that the terms stated in the acceptance must exactly mirror or match the terms of the offer