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BLAW Flashcards

1
Q

What is the difference between a executory contract and an executed contract?

A

Executory: Its not over

Executed: It over

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2
Q

What is the burden proof for a civil case? What is it for a criminal case?

A

Civil: By preponderance of the evidence (51%)

Criminal: Beyond a reasonable doubt

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3
Q

What is a healthcare proxy and what does it control?

What is a power of attorney and what does it control?

A

Healthcare Proxy: Medical decisions, equivalent to guardianship of the person

Power of Attorney: a form that gives someone the right to act financially on your behalf , equivalent to guardianship of the property

the agent is known as the attorney in fact

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4
Q

what are the advantages of guardianship of the person?

A

you have all the authority of a healthcare proxy plus placement authority, you can place them in a nursing home which you can’t do with only a healthcare proxy

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5
Q

What is a Quasi contract?

A

there’s no agreement but the court forces the parties to perform to prevent unjust enrichment

(when you see someone doing something they aren’t supposed to but you don’t stop them because it is benefitting you)

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6
Q

What is a Unilateral contract?

A

it is not as common, the offeror doesn’t want a yes or answer It is accepted by performance, when performance is complete

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7
Q

I lost my Rolex, I’ll give $1000 to whoever finds it, you find the Rolex, you return it to me, you don’t know about the offer but you hear about it later, are you entitled to the reward?

A

No, because you didn’t know about the offer when you first decided to take action, you found out afterwards

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8
Q

Under the new law if you made a unilateral contract offer, once someone starts can you stop them?

A

No, once someone starts the offer is non revokable

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9
Q

If someone makes you an offer, there isn’t a contract until what?

A

Acceptance

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10
Q

If there was a offer made but the offeror or the offeree dies before there was acceptance is there a contract?

A

No, because there wasn’t any acceptance

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11
Q

If you buy someones card and its part of their estate and their name alone, after they die can you enforce it?

A

Yes because you can put a claim against their estate and their was a contract before they died

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12
Q

If someone makes you a offer, and you accept 15 years later is there a contract?

A

No, because of the lapse of time

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13
Q

If you make someone an offer and they say they’ll consider it but the next day they change their mind and send you a letter saying that the deal is off, you haven’t received it yet but you sent him a signed check saying he has a deal is there a contract?

A

Yes, because the mailbox rule says an attempt to revoke a contract via mail is complete when the revoke notice is received

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14
Q

When making an offer can you take silence as a yes?

A

No, there is no acceptance

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15
Q

A promise to a charity is not enforceable under the law because it is a gift, true or false?

A

True, because it is a gift and a gift could only be revoked until it is received

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16
Q

if the charity relies on it depending upon the gift is it enforceable?

A

Yes, because if they relied upon the gift reasonably you can no longer revoke gift

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17
Q

Application, if you make a contract with someone and you have to pay them 200 but they call saying they made a mistake and they meant 250 would you have to pay 250?

A

No because I am bound by the original deal, he did nothing more to deserve extra 50, when you modify a contract both parties must add more consideration (pre existing duty rule)

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18
Q

If someone does you a favor, and afterwards you say your going to give them a gift in a week and they accept are you bound by that promise?

A

No because the offer was made after you gave me the consideration, its called past consideration

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19
Q

what is the difference between a promissory estoppel and a quasi contract?

A

Promissory estoppel: someone must make a promise, when you try to revoke a promise and they are trying to stop you because they rely upon it

Quasi contract: no one is making a promise, you are enriched unjustly

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20
Q

If you are married at 18 does that cut off child support?

A

No, because you could still be poor as hell and you are under 21

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21
Q

If you leave home because your parents are horrible does that cut off child support?

A

NO

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22
Q

If you are 18 and emancipated, economically independent, does that cut off child support?

A

Yes, that cuts it off

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23
Q

Parents are liable for the intentional torts of their children between ages 10 to 18 to real and personal property up to $5,000, true or false?

A

True

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24
Q

If you buy a necessity and it costed 900 but the reasonable cost was 500, how much do you get back?

A

400 because you are only liable for the reasonable value of the necessity

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25
Q

As a minor If you buy something that isn’t a necessity and you pay more for it than you should have how much can you get back?

A

as a minor I could get all of it back because it isn’t a necessity and I am only liable for the reasonable value

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26
Q

If an item you purchased last week is destroyed can you still get your money back if it isn’t a necessity? can you still get the overage if it isn’t? can you still disaffirm?

A

Yes you can still disaffirm

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27
Q

Intoxication, you had a couple beers but you aren’t drunk can you still disaffirm and get out of the contract?

A

No, because you have to be intoxicated ignorer to disaffirm

28
Q

If I say I am a architect but i’m not licensed, you pay me to do the work for you thinking that I am a architect and you are pleased with the work, then you find out i’m not a architect can you get your money back and why or why not?

A

Yes because I am innocent, we wasn’t both aware something illegal was going on, we wasn’t in pari delicto

29
Q

If someone tries to sell you a painting and lies about the value of it to try and get you to spend more money, but the price doesn’t concern you because you really want it, although he lied it is considered fraud?

A

No because although he did lie you would of bought it anyways

30
Q

if you have an out of court settlement with someone and they tell you that you better pay them or they’ll sue you, and yo get nervous and pay, later on can you get the money back because you was under “duress”?

A

no, because that is a out of court settlement that is not duress

31
Q

What is duress?

A

duress is a threat that is considered a problem to the person being threatened

32
Q

if you win a prize from a little league lottery and they refuse to give you the prize can you sue for the prize?

A

No because lotteries are illegal they aren’t enforceable, under NY law you can’t sue if its a lottery if they aren’t licensed

33
Q

what does malum prohibitation mean? and what does malum per se mean?

A

Malum prohibition: when something is only bad because it is prohibited , it is still enforceable but its something that isn’t really cared about

Malum per se: Obviously bad

34
Q

if you were hired to burn someones house down, that is a criminal act, that is not enforceable in court, if you decide not to burn the house down can they sue you for damages? and what is that called?

A

No they can’t sue me for damages because that is a crime, that is malum per se: obviously bad

35
Q

If you sell someone a shirt but you forgot you needed a license to do so can you get out of the contract?

A

No because it isn’t that bad, it is only bad because they prohibited it if it wasn’t no one would care so no you can’t get out of it.

36
Q

who can use unconscionability and what is it?

A

It is a defense that only incapacitated people can us to avoid a contract

if you aren’t incapacitated you just made a bad deal

37
Q

Unsure Contract: If you were give a loan at 20% is it enforceable?

A

Yes because a loan 25% an over is not enforceable and everything under is enforceable

38
Q

what is a summary judgement?

A

a pre trial motion to throw out a case because there is no issue of law or fact that needs to be decided

fast judgement

39
Q

what is a exculpatory clause and who does it not work for?

A

Its is a clause in a contract that says I am not liable if your hurt (you can’t get sued) and it does not work for landlords

40
Q

If one side makes a mistake they can’t get out of the contract, what is this called

A

A unilateral contract

41
Q

what Is the statue of frauds what does it say?

A

some contracts to be enforceable must be in writing, contain all the important material terms and must be signed

42
Q

if a contract is within the statue of frauds one or both parties can avoid a contract as long as they don’t have the 3 strikes true or false?

A

True

43
Q

Anything that has to do with time that is over 1 year comes within the statue of frauds true or false?

A

True

44
Q

Anything that has to do with time that isn’t over a year but doesn’t start till a year or more later still comes within the statue of frauds true or false?

A

True

45
Q

does land come within the statue of frauds?

A

Yes, as long as they are one a year or longer

46
Q

what does a good need to be and cost to come within the statue of frauds?

A

The good needs to be a moveable property that costs 500 or more

47
Q

if someone sells you 15 computers 1000 a piece and the contract is oral, raise the statue of frauds?

A

yes

48
Q

what is a oral contract?

A

no strikes against anyone, no one signed, it doesn’t contain the important terms or writing

49
Q

if some offers you 15 computers but you only buy 5 how many can you avoid a contract for?

A

10 because I already purchased the other 5

50
Q

If there is an oral contract for goods $500 or more, a party cannot raise the statute of frauds as to any goods they received, why is this true?

A

Because nothing can be done after it was already received, if the decision was made before the trade only then will they be able to raise the statue of frauds

51
Q

If I promise to pay someone else’s debt does this come within the statue of frauds? (surety)

A

Yes

52
Q

If I promise to pay my own debt does this come with the statue of frauds? (surety)

A

No

53
Q

If I buy you a bracelet from the when while I am making a purchase are you a third party beneficiary or a assignee?

A

a third party beneficiary because the gift happened during the purchase

54
Q

If I buy myself a bracelet and then decide to give it to you afterwards are you a third party beneficiary or an assignee?

A

A assignee because the gift happened after the purchase

55
Q

if you have an assignment for someone then decide you don’t want to do it anymore, you want to do it of your sister instead, it is the same assignment, is it ok and why?

A

It is because they are doing the same job.

56
Q

if you buy someone a bracelet and it still hasn’t came in can they sue for it?

A

Yes

57
Q

If I change my mind later about an assignment I had for someone to do and decide to give them an identical assignment and the benefit can I do that? Is it enforceable? why so?

A

Yes, you can and it is enforceable because it is the same job

58
Q

what is a delegation? is it a gift?

A

when your delegating the duty, giving the job, and no it isn’t a gift

59
Q

If your getting a house built for your gf next week, can you revoke that assignment?

A

Yes because it is a gift

60
Q

if your a contractor and I have a contract wit you, and you hired subcontractors to help you, if the job is messed up by the subcontractors who do I sue?

A

The person who you have a contract with which would be me

61
Q

if someone had a contract with you to sell your house and they want the house but you aren’t delivering the title or the deed, being that the house is a UNIQUE and SPECIAL item, if they sue would it be for the house or the money damages? and what is that called?

A

Most likely the specific item because of how valuable it was to them, this is called specific performance

62
Q

what is the statue of limitations?

A

it is how long you have to sue in a contract, which is from the time of the breach 6 years

63
Q

In contract law you only get what you’ve lost, there is only a tiny acception, you can only get more than what you’ve lost because of what?

A

Punitive damages, it only happens when there is fraud

64
Q

there is a third party beneficiary but she can’t sue why?

A

because she is the third party beneficiary

65
Q

a offer must be a present intention true or false?

A

True

66
Q
A

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