BLAW Concepts

Question 1

False imprisonment

Answer 1

intentional confinement of another person for an applicable amount of time without his consent

Question 2

Offer Elements

Answer 2

intent, definiteness, communication

Question 3

Intent

Answer 3

an objective indication to make a contract

Question 4

Definiteness

Answer 4

the details of the offer

Question 5

Communication

Answer 5

communication between parties. acceptance or no acceptance

Question 6

Is silence acceptance?

Answer 6

No, unless they have a history of doing business this way.

Question 7

Elements of Negligence

Answer 7

Duty, Breach, Causation, Damages

Question 8

Reasonable Person

Answer 8

Each member of society has a duty to behave so as to avoid unreasonable risk of harm to others. Ex: A reasonable person with a physical disability must act as would a reasonable person with the same disability

Question 9

Strict Liability

Answer 9

Liable even though he did not intend the harm and did not bring about through his recklessness or negligence

Question 10

Strict Product Liabillity

Answer 10

1. must be engaged in the business of selling the product
2. product must be in defective condition when sold
3. caused injury or damage
4. defendant does not need to prove section 402A

Question 11

Criminal Law

Answer 11

Public wrongs prohibited by the state or federal governement

Question 12

Civil Law

Answer 12

Concerns rights and duties between parties

Question 13

Battery

Answer 13

1. the intent to cause a harmful or offensive contact

2. the intent to cause apprehension that such a contact is imminent

Question 14

Assault

Answer 14

Intentional attempt to cause a harm but, instead of physical harm it is mental or emotional harm

Question 15

Misrepresentation

Answer 15

• an assertion that is not in accord with the truth

- opinion, promise, or prediction

Question 16

Concealment of the Fact

Answer 16

Prevents the party for discovering hidden facts

Ex: Trying to selling a house and not disclosing that it has a leaking roof.

Question 17

Valid Contract

Answer 17

Meets legal requirements for a binding contract

Question 18

Voidable Contract

Answer 18

One or more of the parties has the legal right to cancel their obligations under the contract. Applicable only to the injured party

Question 19

Void Contract

Answer 19

No legal obligations. Illegal contracts

Question 20

Express Contract

Answer 20

Orally or written contracts

Question 21

Implied Contracts

Answer 21

Mutual agreements made by conduct of both parties

Question 22

Recovering Damages

Answer 22

1. a party can recover damages only for those losses that can be proven with reasonable certainty
2. A breaching party is responsible for paying only those losses that were foreseeable to them at the time of contracting
3. plaintiff’s injured by a breach of contract have the duty to avoid or minimize damages

Question 23

Arbitration

Answer 23

Submission of a dispute to a neutral, nonjudicial third party who issues a binding decision to resolve the dispute. It is a less formal court proceeding

Question 24

Compensatory Damages

Answer 24

Recovered damages because of tort

Question 25

Loss in Value

Answer 25

Calculation in loss at vale experienced by an injured party differs according to the sort of contract involved and circumstances of the breach

Question 26

Consequential Damages

Answer 26

Recovery of lost profits flowing from a breach of contract that can be recovered if they are foreseeable and can be proven with reasonable certainty

Question 27

Incidental Damages

Answer 27

Compensation for reasonable costs that the injured party incurs after the breach in an effort to avoid further loss
Ex: Lost income because of a tenant leaving before the lease/contract was expired.

Question 28

Punitive Damages

Answer 28

Compensatory damages plus punishment in order to prevent similar behavior in the future