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BLAW > BLAW FINAL > Flashcards

BLAW FINAL Flashcards

1
Q

intended beneficiary

A

3rd party who is designated

life insurance

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2
Q

incidental beneficiary

A

3rd party

life insurance but person taking car of contractee is the 3rd party and can sue on their behalf

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3
Q

how to determine whether someone is intended or incidental beneficiary?

A

reasonable person

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4
Q

how to discharge from a valid contract?

A

full performance by both parties
a condition occurs
both parties agree not to enforce contract anymore

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5
Q

a condition

A

possible future event that either triggers performance or termination of contract

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6
Q

example of condition

A

shopping for groceries and you forget your wallet at home, you must cancel the purchase

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7
Q

3 types of conditions

A

conditions precedent
conditions subsequent
conditions concurrent

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8
Q

conditions precedent

A

action must happen or not happen before you start

accepted to college but can attend only after you graduate

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9
Q

conditions subsequent

A

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

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10
Q

conditions concurrent

A 
action during the contract
school, you must go to class and meet the requirements
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11
Q

material breach

A

inferior performance

destroys essentials of the contract

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12
Q

anticipatory breach

A

party tells other that they will not perform contract duties

treated like a major breach

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13
Q

conditions concurrent

A 
action during the contract
school, you must go to class and meet the requirements
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14
Q

material breach

A

inferior performance

destroys essentials of the contract

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15
Q

discharge by novation

A

substitution of one party

sublet an apartment

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16
Q

how can parties discharge by agreement?

A

agree to discharge the original contract

or create a new contract and discharge the old

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17
Q

mutual rescission

A

cancel the original contract

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18
Q

discharge by novation

A

substitution of one party

sublet an apartment

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19
Q

damages

A

relief provided to non breaching party

losses suffered because of the breaching party

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20
Q

most common remedies for breaching contracts?

A

monetary (money)

injunctive relief

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21
Q

four categories of money damages

A

compensatory
consequential
punitive
nominal

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22
Q

nominal

A

recognize wrongdoer even though no monetary loss

small damages

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23
Q

mitigation of damages

A

non breaching party needs to help reduce damages caused

leaking faucet - should notify before there are more damages

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24
Q

punitive

A

to punish

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25
Q

nominal

A

recognize wrongdoer even though no monetary loss

small damages

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26
Q

force majeure clause

A

determines when performance of duties are excused because of acts of god or war

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27
Q

american investment seized in foreign nation, can investor sue that nation in American court?

A

no foreign court does not have jurisdiction of things that happen in another country

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28
Q

forum selection clause

A

where jurisdiction is, where it will be disputed

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29
Q

force majeure clause

A

determines when performance of duties are excused because of acts of god or war

30
Q

american investment seized in foreign nation, can investor sue that nation in American court?

A

no foreign court does not have jurisdiction of things that happen in another country

31
Q

employment at will

A

employee - employer relationship which employee works for an employer without contract

32
Q

implied in fact contract

A

contract that employee will continue to be employed as long as they behave accordingly

33
Q

fair labor act (FLSA)

A

laws regulating wages and working hours

prohibits child labor

34
Q

children under 14 years old

A

can work in farms
can work for parents
can be entertainers
cannot work

35
Q

walsh healey act

A

minimum wages and overtime

36
Q

fair labor act

A

laws regulating wages and working hours

37
Q

children under 14

A

can work in farms
can work for parents
can be entertainers
cannot work

38
Q

children 14-15 years old

A

cannot work in hazardous areas
must still attend school
cant work more than 3 hours on school days

39
Q

children 16-18 years old

A

no restrictions on working hours

cant work in hazardous areas

40
Q

anyone over 18

A

can work anytime any place

41
Q

mass layoff

A

huge layoff of employees

42
Q

wage theft

A

people getting paid the piece rate wage
ex paid per pallet they stack
unacceptable working conditions

43
Q

The worker adjustment and retraining notification act

WARN

A

layoffs

makes employers give 60 day notice before mass layoff

44
Q

medical leave

A

illness or injury that prevents work

45
Q

FMLA

Family medical leave act

A

family leave
medical leave
military caregiver leave
qualifying exigency leave

46
Q

family leave

A

12 weeks unpaid leave when a child is born

both men and women

47
Q

medical leave

A

illness or injury that prevents work

48
Q

military caregiver leave

A

up to a year and half unpaid leave
families of service members chance to take care of service men
26 weeks

49
Q

types of intellectual property

A

trade secrets
patents
copyrights

50
Q

what is a trademark

A

mark motto or symbol

51
Q

trademarkes

A

service marks
trade dress
cyber marks

52
Q

types of intellectual property

A

trade secrets
patents
copyrights

53
Q

what is a trademark

A

mark motto or symbol

54
Q

strong marks

A

fanciful
arbitrary
suggestive

55
Q

fanciful

A

inventive words, did not exist before
coca-cola
xerox

56
Q

service mark

A

like a trade mark but for companies that offer services
CBS eye
Hilton H

57
Q

suggestive

A

suggests something about the product directly
dairy queen
burger king

58
Q

trademark infringement

A

trademark has been copied

chick-fil-a example

59
Q

service mark

A

like a trade mark but for companies that offer services
CBS eye
Hilton H

60
Q

meta tags

A

keywords that are searched and then used illegally by people to help promote their site

61
Q

cyber squatting

A

person registers a domain of an established company confusing people who go to their website

62
Q

how can a business use a trademark of another business?

A

get a license from them

get permission

63
Q

online trademark dilution

A

illegally using someone elses trademark to promote your own e-business

64
Q

patent

A

exclusive ownership rights to inventors invention for a limited time

65
Q

patent rights for

A

inventions

designs

66
Q

trademark vs trade dress on phones

A

icons on the phone vs look and feel of the device

67
Q

what cant you patent?

A

laws of nature

methodology

68
Q

tort of patent infringement

A

unauthorized use of anothers
patented product or design
netflix and blockbuster

69
Q

trademark vs trade dress on phones

A

icons on the phone vs look and feel of the device

70
Q

copy right

A

intangible property right

exclusive ownership

71
Q

8 copyrightable categories

A 
literary works
musical works
dramatic works
photos
films
sound recordings
architectural work
72
Q

trade secret

A

information that gives business an advantage over its competitors

BLAW (3 decks)

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