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Study sets matching "law blaw 9"

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Study sets matching "law blaw 9"

25 terms
Business law 2.9
False
False
False
False
A company can be formed by two or more persons.
private companies limit their membership up to 50 people.
private companies can invite the public to subscribe for shar…
a private company requires a quorum of three members at the g…
False
A company can be formed by two or more persons.
False
private companies limit their membership up to 50 people.
8 terms
Business Law - Chapter 9
Fraud
Puffing
Misrepresentation
Mistake
Intentional misstatement or nondisclosure
Mere expression of opinion
Unintentional misstatement or nondisclosure of a material fact
Belief not in accord with facts
Fraud
Intentional misstatement or nondisclosure
Puffing
Mere expression of opinion
12 terms
Business Law-Ch 9
contractual capacity
age of majority to contract
minor
minority
the ability to understand the consequences of a contract
the age at which a person is entitle to the management of his…
a person who has not reached the age of majority
state of being below the age of majority
contractual capacity
the ability to understand the consequences of a contract
age of majority to contract
the age at which a person is entitle to the management of his…
14 terms
Business Law- Ch. 9
Age of majority
Capacity
Contractual capacity
Disaffirmance
age at which a person can be legally bound to contracts
ability to understand
ability to understand that a contract is being made and its g…
both parties to a contract return the consideration
Age of majority
age at which a person can be legally bound to contracts
Capacity
ability to understand
12 terms
Business Law: Chapter 9
cookie
cloud computing
cyber tort
cybersquatting
small text file (up to 4KB) created by a Web site that is sto…
the delivery to users of on demand services from third-party…
a tort committed via internet
the act of registering a domain name that is the same as, or…
cookie
small text file (up to 4KB) created by a Web site that is sto…
cloud computing
the delivery to users of on demand services from third-party…
27 terms
Business Law Chapter 9
Promise
Promisor
Promisee
Contract
A declaration that binds a person who makes it (the promisor)…
A person who makes a promise.
A person to whom a promise is made.
A set of promises constituting an agreement between parties,…
Promise
A declaration that binds a person who makes it (the promisor)…
Promisor
A person who makes a promise.
34 terms
Business Law: Chapter 9
Contract: Definition
About Contracts
Offeror
Offeree
A promise or set of promises for the breach of which the law…
*Voluntarily entered into by parties.... *Terms of the contract…
Party who makes an offer to enter into a contract.
Party to whom the offer is made.
Contract: Definition
A promise or set of promises for the breach of which the law…
About Contracts
*Voluntarily entered into by parties.... *Terms of the contract…
22 terms
Business Law Chapter 9
Negligence
4 Things to Prove in a Negligence Case
Duty
Breach of Duty
Behavior that creates an unreasonable risk of harm to others,…
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
The first thing a plaintiff must establish to win a negligenc…
The second thing a plaintiff must establish to win a negligen…
Negligence
Behavior that creates an unreasonable risk of harm to others,…
4 Things to Prove in a Negligence Case
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
19 terms
business law ch9
agreement
offer
option contract
counteroffer(反対申し込み)
A mutual (相互の)understanding or meeting of the minds between t…
A promise or commitment to perform or refrain(断る) from perfor…
A contract under which the offeror cannot revoke(無効にする) the o…
An offeree's response to an offer in which the offeree reject…
agreement
A mutual (相互の)understanding or meeting of the minds between t…
offer
A promise or commitment to perform or refrain(断る) from perfor…
18 terms
Business Law Chapter 9
Contract
Functions of Contracts
Freedom of Contract
Elements of a Contract
A promise or set of promises that is legally enforceable
To facilitate the planning that is necessary in a modern, ind…
The idea that contracts should be enforced because they are t…
Offer, acceptance, consideration, capacity, and legal.
Contract
A promise or set of promises that is legally enforceable
Functions of Contracts
To facilitate the planning that is necessary in a modern, ind…
12 terms
Business Law-Ch 9
contractual capacity
age of majority to contract
minor
minority
the ability to understand the consequences of a contract
the age at which a person is entitle to the management of his…
a person who has not reached the age of majority
state of being below the age of majority
contractual capacity
the ability to understand the consequences of a contract
age of majority to contract
the age at which a person is entitle to the management of his…
15 terms
Business Law Ch 9
4 types of sufficient consideration
sufficiency of consideration
adequacy of consideration
5 types of insufficient consideration
1. an act... 2. giving up the exercise of a legal right (detrime…
required for valid contract unless exception applies
fairness of the amount of consideration--not required for val…
1. illusory promise... 2. gratuitous promise... 3. past considerati…
4 types of sufficient consideration
1. an act... 2. giving up the exercise of a legal right (detrime…
sufficiency of consideration
required for valid contract unless exception applies
15 terms
Business Law Ch 9 Vocab
Age of majority
Capacity
Contractual capacity
Disaffirmance
age at which a person can be legally bound to contracts
ability to understand
ability to understand that a contract is being made and its g…
both parties to a contract return the consideration
Age of majority
age at which a person can be legally bound to contracts
Capacity
ability to understand
35 terms
Business Law 8-9
mutual mistake
genuine assent
voidable
unilateral mistake
mistake about an important fact believed by both parties
consent or agreement not clouded by fraud, duress, undue infl…
contract in which the injured party can withdraw from the tra…
statement of a material fact which is false but which the spe…
mutual mistake
mistake about an important fact believed by both parties
genuine assent
consent or agreement not clouded by fraud, duress, undue infl…
14 terms
Business Law Chapter 9
Which of the following is not an essen…
When courts attempt to determine wheth…
___________ is also known as "cause in…
In typical negligence cases, courts ra…
Intent to cause harm
Does the defendant in the subject litigation have a prior cri…
___________ is also known as "cause in fact," while _________…
Exemplary
Which of the following is not an essen…
Intent to cause harm
When courts attempt to determine wheth…
Does the defendant in the subject litigation have a prior cri…
22 terms
Business Law Ch. 9
Absolute Priveledge
Contract Interference
Contributory Negligence
Defamation
complete defense against the tort of defamation
tort in which a third party interferes with others freedom to…
...
An untrue statement by one party about another to a third party
Absolute Priveledge
complete defense against the tort of defamation
Contract Interference
tort in which a third party interferes with others freedom to…
9 terms
Business Law Chapter 9 Legality
Conspiracy
Interest
Urury
Lottery
Agreement to commit a crime for a promised consideration. P 186
The fee a borrower pays to the lender for using the money. P…
Charging more than the maximum legal interest rate. P189
A game that consists of drawing lots, typically tickets with…
Conspiracy
Agreement to commit a crime for a promised consideration. P 186
Interest
The fee a borrower pays to the lender for using the money. P…
8 terms
Business Law (ch. 9)
Statute of frauds
Contracts covered
Interests in real property
Executory Bilateral over a Year
aka writing required... -writing required for contract to be enf…
-Transfer of Real property (easement)... -Executory Bilateral (p…
Ownership... -deed... Rights in real property... -easement... leases, "ri…
-impossible to perform... -leases, long tern personal services c…
Statute of frauds
aka writing required... -writing required for contract to be enf…
Contracts covered
-Transfer of Real property (easement)... -Executory Bilateral (p…
70 terms
Business Law Chapter 9
False
False
True
False
As long as a contract is personal in nature, all rights under…
An insurance policy is an example of a right that can be assi…
An assignment of rights in real estate often cannot be prohib…
A right can be assigned even if the assignment will significa…
False
As long as a contract is personal in nature, all rights under…
False
An insurance policy is an example of a right that can be assi…
36 terms
Business Law 9 Terms
adhesion contract
divisible contracts
exculpatory clause
illegality
A standard-form contract in which the stronger party dictates…
consists of distinct parts that can be performed separately,…
A clause that releases a contractual party from liability in…
an illegal contract is void, and the courts will not aid eith…
adhesion contract
A standard-form contract in which the stronger party dictates…
divisible contracts
consists of distinct parts that can be performed separately,…
36 terms
business law 9/10
tort
intentional tort
negligence
strict liability
-civil wrong that interferes with one's property or person.
-civil wrong that results from intentional conduct.
-failure to exercise due care under the circumstances in cons…
-civil wrong for which there is absolute liability because of…
tort
-civil wrong that interferes with one's property or person.
intentional tort
-civil wrong that results from intentional conduct.
19 terms
Business Law Ch. 9
gift
donor
donee
consideration
transfer of ownership voluntarily without receiving anything…
gift giver
gift reciever
what is given or received in a contact
gift
transfer of ownership voluntarily without receiving anything…
donor
gift giver
27 terms
Business Law Chapter 9
1. The Restatement of the Law Second,…
2. Only the offeree to whom an offer i…
3. There are a limited number of circu…
4. If an acceptance is received after…
true
true
true
false
1. The Restatement of the Law Second,…
true
2. Only the offeree to whom an offer i…
true
17 terms
Business Law Chapters 9
permitted mutual mistakes
unilateral mistake
mutual mistake
fraud
mistakes of value, quality, or price; terms of the contract;…
mistake made by one party; generally does not void a contract
mistake made by both parties; usually will void the contract…
inducing another to contract as a result of an intentionally…
permitted mutual mistakes
mistakes of value, quality, or price; terms of the contract;…
unilateral mistake
mistake made by one party; generally does not void a contract
38 terms
Business Law Ch. 9
actus reus
arson
beyond a reasonable doubt
botnet
a guilty act. The commission of a prohibited act is one of th…
The malicious burning of another's dwelling.
the standard used to determine the guilt or innocence of a pe…
robot network-a group of computers that run an application th…
actus reus
a guilty act. The commission of a prohibited act is one of th…
arson
The malicious burning of another's dwelling.
31 terms
Business Law Chapter 9
Capacity
Capacity Issues
Minors
Contracts For Necessities
...
a.... b.... c.
1.... 2.
...
Capacity
...
Capacity Issues
a.... b.... c.
Business Law Chpt. 9
contract
1) offer 2) acceptance 3) consideratio…
offer
acceptance
a legally enforceable agreement/ promise
the 7 characteristics of a contract that must be present
an act or statement that proposes definite terms and permits…
once a party receives an offer, he must respond to it in a ce…
contract
a legally enforceable agreement/ promise
1) offer 2) acceptance 3) consideratio…
the 7 characteristics of a contract that must be present
15 terms
Business Law 9
ethics
ethical fundamentalism
utilitarianism
Kantian ethics
a set of moral principles or values that governs the conduct…
-persons look to an outside source or central figure for ethi…
-persons choose the alternative that would provide the greate…
-a set of universal rules establishes ethical duties. The rul…
ethics
a set of moral principles or values that governs the conduct…
ethical fundamentalism
-persons look to an outside source or central figure for ethi…
12 terms
Business Law Chapter 9
cookie
cloud computing
cyber tort
cybersquatting
invisible files to track web browsing activities
the delivery to users of on-demand servies from third-party s…
a tort committed via the internet
registering a confusingly similar or the same domain name as…
cookie
invisible files to track web browsing activities
cloud computing
the delivery to users of on-demand servies from third-party s…
21 terms
Business Law Chapter 9
Contractual Capacity
Age of Majority
Minor
Minority
defined by the law to mean the ability to understand the cons…
the age at which a person is entitled to the management of hi…
a person who has not reached the age of majority
the state of being below he age of majority, ends the day bef…
Contractual Capacity
defined by the law to mean the ability to understand the cons…
Age of Majority
the age at which a person is entitled to the management of hi…
23 terms
Business Law Ch. 9
Negligence
4 Things to Prove in a Negligence Case
Duty
Breach of Duty
Behavior that creates an unreasonable risk of harm to others,…
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
The first thing a plaintiff must establish to win a negligenc…
The second thing a plaintiff must establish to win a negligen…
Negligence
Behavior that creates an unreasonable risk of harm to others,…
4 Things to Prove in a Negligence Case
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
11 terms
Business Law Chapter 9
Contractual capacity
Age of majority to contract
Minor
Minority
Defined by the law to mean the ability to understand the cons…
The age at which a person is entitled to the management of hi…
A person who has not yet reached the age of majority (18, in…
The state of being below the age of majority
Contractual capacity
Defined by the law to mean the ability to understand the cons…
Age of majority to contract
The age at which a person is entitled to the management of hi…
34 terms
Week 9 - Business Law
Collective Bargaining
Certification
Remedial Certification
Types of Disputes and Consequences
Legislation allows workers the right to unionize and bargain…
- Once bargaining unit is identified and requisite number of…
Board can certify union without a majority vote if it feels u…
1. Recognition - may be violence where a union first tries to…
Collective Bargaining
Legislation allows workers the right to unionize and bargain…
Certification
- Once bargaining unit is identified and requisite number of…
53 terms
Business Law Ch. 9
tort
a tort is a violation of
three types of torts
intentional tort
a civil wrong that is not a breach of contract, that interfer…
a private duty
intentional, negligent and strict liability
civil wrong that results from intentional conduct
tort
a civil wrong that is not a breach of contract, that interfer…
a tort is a violation of
a private duty
15 terms
Business Law Ch. 9
Acceptance
Agreement
Browse-wrap term
Click-on agreement
The act of voluntarily agreeing, through words of conduct, to…
A mutual understanding or meeting of the minds between two or…
A term or condition of use that is presented when an online b…
An agreement that arises when an online buyer clicks on "I ag…
Acceptance
The act of voluntarily agreeing, through words of conduct, to…
Agreement
A mutual understanding or meeting of the minds between two or…
69 terms
Business Law Ch. 9
As long as a contract is personal in n…
An insurance policy is an example of a…
An assignment of rights in real estate…
A right can be assigned even if the as…
False
False
True
False
As long as a contract is personal in n…
False
An insurance policy is an example of a…
False
36 terms
Business Law Ch. 9
What are the elements of crime?
What is mens rea?
What is RICO?
When are Officers and Directors liable?
Mens rea (scienter)... Actus rea
The intent to commit a crime. Scienter. criminal state of mind.
Racketeer Influenced and Corrupt Organizations Act, fed. stat…
Holding companies accountable for criminal conduct of their o…
What are the elements of crime?
Mens rea (scienter)... Actus rea
What is mens rea?
The intent to commit a crime. Scienter. criminal state of mind.
Business Law Chapter 9
Actus Reus
Arson
Beyond a Reasonable Doubt
Botnet
...
...
...
...
Actus Reus
...
Arson
...
8 terms
Business Law 9
Agreement
Offer
Revocation
Option contract
A meeting of two or more minds in regard to the terms of a co…
A promise or commitment to perform or refrain from performing…
In contract law, the withdrawal of an offer by an offer or. U…
A contract under which the offeror can't revoke his or her of…
Agreement
A meeting of two or more minds in regard to the terms of a co…
Offer
A promise or commitment to perform or refrain from performing…
12 terms
Business Law Chapter 9
SPAM
US safe Web act attempts to
Federal CAN-SPAM Act
Domain Names
unsolicited junk email, ads, solicitations, etc.
limit SPAM and helps and protects internet service providers…
Aimed at limiting online pornography and commercial SPAM
an internet address, consisting of a "top level domain" to th…
SPAM
unsolicited junk email, ads, solicitations, etc.
US safe Web act attempts to
limit SPAM and helps and protects internet service providers…
22 terms
Business law Ch.9
Contract
Terms of conflict
Restatements of K's
Offeror
is an agreement that is enforceable by a court of law/equity.…
Private Law
Promises that courts can enforce when breached, & that courts…
Makes an offer to enter into a contract.
Contract
is an agreement that is enforceable by a court of law/equity.…
Terms of conflict
Private Law
15 terms
Business Law - Chapter 9
Opportunity Market Company (OMC) and P…
Dry Gulch Farms hires Elliot to repair…
​Isabel orally agrees to buy a unique…
Mother & Daughter Jewelers breaches it…
A delegation.
Nominal damages.
Specific performance.
use reasonable means to find a new tenant to mitigate damages.
Opportunity Market Company (OMC) and P…
A delegation.
Dry Gulch Farms hires Elliot to repair…
Nominal damages.
Business Law Chapter 9
Definition of Contract
Common Law
Uniform Commercial Code
Sale
A binding agreement that the court will enforce
"most contracts are governed primarily by State common law, i…
Article 2 of the UCC governs the sales of goods
The transfer of title from seller to buyer
Definition of Contract
A binding agreement that the court will enforce
Common Law
"most contracts are governed primarily by State common law, i…
45 terms
Business Law 9.02
Accession
Adverse possession
Assignment
Bailee
the right of an owner of property to an increase in that prop…
when the land of another private person is adversely and excl…
a tenant's transfer of the remaining time on a lease
the party who accepts temporary possession and control of ano…
Accession
the right of an owner of property to an increase in that prop…
Adverse possession
when the land of another private person is adversely and excl…
77 terms
9.01 Business Law
Adulterated
Attorney General
Auction
Bait and Switch
a food or drug that contains any substance that will reduce i…
the chief law officer of a country or state, at the federal l…
a public sale to the highest bidder
advertising a non-exsistent bargain to lure customers so they…
Adulterated
a food or drug that contains any substance that will reduce i…
Attorney General
the chief law officer of a country or state, at the federal l…
8 terms
Business Law Chapter 9
Fraud
Puffing
Misrepresentation
Mistake
The intentional misstatement or nondisclosure of a material f…
A general expression of opinion, typically in a sales, contex…
A misstatement of a material fact that results in inducing an…
A belief that is not in accord with the facts
Fraud
The intentional misstatement or nondisclosure of a material f…
Puffing
A general expression of opinion, typically in a sales, contex…
19 terms
Business Law Chapter 9
Gift
Donor
Donee
Consideration
Voluntary transfer of ownership without consideration
Person giving a gift
Person receiving a gift
That which is given or received in a contract
Gift
Voluntary transfer of ownership without consideration
Donor
Person giving a gift
20 terms
Business Law Chapter 9
absolute privilege
contract interference
contributory negligence
intentional tort
complete defense against the tort of defamation, as in the sp…
tort in which a third party interferes with others' freedom t…
negligence of the plaintiff that contributes to injury and at…
civil wrong that results from intentional conduct.
absolute privilege
complete defense against the tort of defamation, as in the sp…
contract interference
tort in which a third party interferes with others' freedom t…
15 terms
Business Law Chapter 9
Agreement
Offer
Revocation
Option Contract
When parties agree on the terms of the contract
Promise or commitment to perform or refrain from performing s…
Offeror's act of withdrawing (revoking) and offer
When an offeror promises to hold an offer open for a specifie…
Agreement
When parties agree on the terms of the contract
Offer
Promise or commitment to perform or refrain from performing s…
32 terms
Business Law
Statute
Precedent
Civil Law
Criminal Law
Specific law for a specific purpose.
Court case ruling that is followed in future cases.
Person vs person
Act against society.
Statute
Specific law for a specific purpose.
Precedent
Court case ruling that is followed in future cases.
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