BLAW FINAL Flashcards
intended beneficiary
3rd party who is designated
life insurance
incidental beneficiary
3rd party
life insurance but person taking car of contractee is the 3rd party and can sue on their behalf
how to determine whether someone is intended or incidental beneficiary?
reasonable person
how to discharge from a valid contract?
full performance by both parties
a condition occurs
both parties agree not to enforce contract anymore
a condition
possible future event that either triggers performance or termination of contract
example of condition
shopping for groceries and you forget your wallet at home, you must cancel the purchase
3 types of conditions
conditions precedent
conditions subsequent
conditions concurrent
conditions precedent
action must happen or not happen before you start
accepted to college but can attend only after you graduate
conditions subsequent
action after you start
once you get your degree the school does not owe you educational services
if you cant afford tuition, the school does not owe you educational services
conditions concurrent
action during the contract school, you must go to class and meet the requirements
material breach
inferior performance
destroys essentials of the contract
anticipatory breach
party tells other that they will not perform contract duties
treated like a major breach
conditions concurrent
action during the contract school, you must go to class and meet the requirements
material breach
inferior performance
destroys essentials of the contract
discharge by novation
substitution of one party
sublet an apartment
how can parties discharge by agreement?
agree to discharge the original contract
or create a new contract and discharge the old
mutual rescission
cancel the original contract
discharge by novation
substitution of one party
sublet an apartment
damages
relief provided to non breaching party
losses suffered because of the breaching party
most common remedies for breaching contracts?
monetary (money)
injunctive relief
four categories of money damages
compensatory
consequential
punitive
nominal
nominal
recognize wrongdoer even though no monetary loss
small damages
mitigation of damages
non breaching party needs to help reduce damages caused
leaking faucet - should notify before there are more damages
punitive
to punish
nominal
recognize wrongdoer even though no monetary loss
small damages
force majeure clause
determines when performance of duties are excused because of acts of god or war
american investment seized in foreign nation, can investor sue that nation in American court?
no foreign court does not have jurisdiction of things that happen in another country
forum selection clause
where jurisdiction is, where it will be disputed
force majeure clause
determines when performance of duties are excused because of acts of god or war
american investment seized in foreign nation, can investor sue that nation in American court?
no foreign court does not have jurisdiction of things that happen in another country
employment at will
employee - employer relationship which employee works for an employer without contract
implied in fact contract
contract that employee will continue to be employed as long as they behave accordingly
fair labor act (FLSA)
laws regulating wages and working hours
prohibits child labor
children under 14 years old
can work in farms
can work for parents
can be entertainers
cannot work
walsh healey act
minimum wages and overtime
fair labor act
laws regulating wages and working hours
children under 14
can work in farms
can work for parents
can be entertainers
cannot work
children 14-15 years old
cannot work in hazardous areas
must still attend school
cant work more than 3 hours on school days
children 16-18 years old
no restrictions on working hours
cant work in hazardous areas
anyone over 18
can work anytime any place
mass layoff
huge layoff of employees
wage theft
people getting paid the piece rate wage
ex paid per pallet they stack
unacceptable working conditions
The worker adjustment and retraining notification act
WARN
layoffs
makes employers give 60 day notice before mass layoff
medical leave
illness or injury that prevents work
FMLA
Family medical leave act
family leave
medical leave
military caregiver leave
qualifying exigency leave
family leave
12 weeks unpaid leave when a child is born
both men and women
medical leave
illness or injury that prevents work
military caregiver leave
up to a year and half unpaid leave
families of service members chance to take care of service men
26 weeks
types of intellectual property
trade secrets
patents
copyrights
what is a trademark
mark motto or symbol
trademarkes
service marks
trade dress
cyber marks
types of intellectual property
trade secrets
patents
copyrights
what is a trademark
mark motto or symbol
strong marks
fanciful
arbitrary
suggestive
fanciful
inventive words, did not exist before
coca-cola
xerox
service mark
like a trade mark but for companies that offer services
CBS eye
Hilton H
suggestive
suggests something about the product directly
dairy queen
burger king
trademark infringement
trademark has been copied
chick-fil-a example
service mark
like a trade mark but for companies that offer services
CBS eye
Hilton H
meta tags
keywords that are searched and then used illegally by people to help promote their site
cyber squatting
person registers a domain of an established company confusing people who go to their website
how can a business use a trademark of another business?
get a license from them
get permission
online trademark dilution
illegally using someone elses trademark to promote your own e-business
patent
exclusive ownership rights to inventors invention for a limited time
patent rights for
inventions
designs
trademark vs trade dress on phones
icons on the phone vs look and feel of the device
what cant you patent?
laws of nature
methodology
tort of patent infringement
unauthorized use of anothers
patented product or design
netflix and blockbuster
trademark vs trade dress on phones
icons on the phone vs look and feel of the device
copy right
intangible property right
exclusive ownership
8 copyrightable categories
literary works musical works dramatic works photos films sound recordings architectural work
trade secret
information that gives business an advantage over its competitors
