Ch 10. Contract Law and Employment Issues Flashcards
An agreement between 2 or more people that contains mutual promises that are enforceable at law. (270)
A contract
For a contract to be enforceable, each party must provide ___. (270)
consideration
___ is a legal term for the inducement to enter into the agreement. It can be an act or a promise and must involve either conferring a benefit upon another, or the acceptance of a recognizable detriment. (270)
Consideration
In contract law, the requirement that both parties provide consideration is called ___. Without it, a contract is not created, and any promises that are made cannot be enforced. (271)
mutuality
A contract is made when ___. (271)
one party makes an offer and the other party accepts the offer.
1 combined with 2, supported by 3, creates a contract. (271)
1) A clearly defined offer
2) an unambiguous acceptance
3) mutual consideration
The law that requires certain contracts to be documented in writing. (272)
Statute of frauds
The statute of frauds requires contracts for the sale of goods worth more than ___ to be in writing to be enforceable. (272)
$500
The formal legal authority to bind another to a contract. (273)
Actual authority
The only way a vendor can know for sure who in a fire company has actual authority to contract is ___. (273)
to research the corporate documents
When a corporation holds a person out as having the authority to bind the corporation or knowingly allows a member to hold himself out as having the authority, then absent knowledge to the contrary by the vendor, the corporation can be bound. (273)
Apparent authority
When a party makes a unilateral promise knowing that the recipient will rely upon the promise, and the recipient in fact reasonably relies upon the promise to his detriment. (279)
promissory estoppel
The basis for promissory estoppel is ___ (279)
detrimental reliance
Promissory estoppel is an “___” principle, which in theory “estoppes” or “stops” the person who made the promise from claiming there is no contract. (280)
equitable
___ is the right of a person to assume the legal claims of another party. Like when an insurance company pays out a claim, the insurer may then file suit against whoever was responsible for causing the damage to the same extent that the insured party could have. (287)
Subrogation
3 questions to consider regarding public employee due process: (288)
1) Whether- whether or not a due process right has been implicated
2) How much- how much process is due
3) When- the timing of the process
2 conditions that must be met in order for due process to be applicable to a person’s employment: (289)
1) the employee must be considered a public employee
2) the employee must be confronted with a deprivation of “life, liberty, or property.”
The most common deprivation to trigger due process in an employment context is ___. (289)
a property deprivation
A property interest arises when an employee ___. (289)
has an expectation of continued employment
___ guides how much process is due for public employees. (292)
The Matthews test
The 14th Amendment’s due process requirement applies only to ___. (297)
“state action,” or action by a state or political subdivision fo a state.
The immunity protection provided to employers by workers’ compensation systems is referred to as ___. This refers to the fact that workers’ compensation insurance is the exclusive remedy for an injured or ill worker. (304)
exclusivity
Some states recognize an exception to exclusivity immunity, when an employee is injured through ___. (307)
intentional, reckless, or grossly negligent conduct by an employer or coworker
