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Law Final- exam review
Terms in this set (58)
what is true of undue influence?
A fiduciary of confidential relationship must have existed between the parties for undue influence to be proven
parole evidence rule
says that if a written contract is complete and final statement of the parties agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to terms of the written contract are inadmissible in court regarding a dispute over the contract
according to the regulatory licensing statue,
only licensed persons can recover payment for services
when is parol evidence admitted by court?
when the evidence explains ambiguous language
can only be accepted by the performance of an act by the offeree
example of an acceptable consideration for a contract
if a minor is entered into a contract, and then ratified the contract after reaching the age of majority, which of the following is he or she exempt from?
in a guaranty situation, the original contract is between the
debtor and the creditor
to prove fraud, which of the following elements must be shown?
the wrongdoer intended to deceive the innocent party
what damages are awarded when the non-breaching party even though no financial loss has resulted from breach
is an action to undo a contract
manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts
duty of restitution
a rule that states that if a minor has transferred money, property, or other valuables to the competent party before disaffirming the contract, that party must place the minor in status quo
what foes the american rule for successive assignments provide?
the first assignment in time prevails, regardless of notice
mitigation of damages
a non-breaching party's legal duty to avoid or reduce damages caused by a breach of contract?
one year rule
a contract that cannot be performed on its own terms within a year should be in writing
can use any words they choose to express their contract
if offeror's promise is answered with the offeree's promise of acceptance
is an equity doctrine that permits a court to order enforcement of a contract that lacks consideration
misrepresentation of material fact
actionable as fraud if the misrepresentation is of a past or existing material fact
assures seller of a purchaser for all its outputs
contracting party who directs that the benefit be conferred on another person in a donee-beneficiary contract
discharged party's duties under the contract
effect of illegality
doctrine that states that the courts will refuse to enforce or rescind an illegal contract and will leave the parties where it finds them
leading object exception
of the main purpose of a transaction and an oral collateral contract is to provide pecuniary benefit to the guarantor, the collateral contract does not have to be in writing to be enforced
event that occurs when one person consciously decides to induce another person to rely and act on a misrepresentation
a clause in a contract in which the parties specify certain events that will excise nonperformance
what is true about 3rd parties?
an incidental beneficiary cannot sue under other people's contracts
what is true of a revocation?
it needs to be received by the offeree to be effective
which is true for legally claiming a reward?
knowledge of the reward before completing the requested act is necessary to claim the reward
a contract in which a buyer agrees to purchase all of its requirements for an item from one seller
when does the deceased's property, in intestacy, escheat to the government?
when the deceased has no living relatives
a tenancy created when a lease specifies intervals at which payments are due but does not specify how long the lease is for
what is true for the US supreme court?`
does not hear any new evidence ot testimony in reviewed cases
permit brief oral arguments between attorneys
can be filed by the defendant of a lawsuit
what is true of subsurface rights in real property?
subsurface rights can be sold separately from surface rights
dormant commerce clause
if the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its commerce clause powers, this area of commerge is subject to the ......
fair use doctrine with reference to copyrighted material?
it permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder
Attestation clause for a will
the requirement of signatures of witnesses on a will after that of the testator's
beneficiary of a will
a person designated in the will to receive the testators property
which is true of tort of assault
actual physical contact between plaintiff and defendant is not necessary
due process clause
no person shall be deprived of life, liberty, or property without due process of the law
in which case is a default judgement entered
a defendant does not file a written respinse to a plaintiff's complaint
duty of care
breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property
prohibits the government from promoting one religion over another
per stripes distribution
a distribution of an estate in which grandchildren and great-greandchildren of the deceased inherit by representation of their parent
if competitor reverse engineers a trade secret
the competitor is allowed to use the trade secret but not the original trademark
personal property that is permanently affixed to land or buildings is called a
is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and other in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault
fee simple absolute
a type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property
how do patent laws help an inventor?
they provide protection for patented inventions from infringement
a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plantiff
transfer of the right to the possession and use of real property for a set term in return for certain consideration
what is true about the Federal Arbitration Act (FAA)
the FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator
intellectual property falls into a category of property known as
real property can become personal property if it is
removed from the land it is situated on
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