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BLAW > Contracts > Flashcards

Contracts Flashcards

1
Q

what is a conditional acceptence

A

counter offer

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2
Q

if two married people join in contract is it enforceable?

A

you operate on a principle of presumation (court will pressure it was not legally enforcable contract) they didn’t intend a legal contract. the parties would have to prove there was intent in order to over come presumption

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3
Q

implied term

A

duty of good faith

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4
Q

independent contractors vs. employees

A

different terms of care. The more control the employer has over you,the more likely you (the more control the employer has over you, the more likely you will be found on employee.)

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5
Q

tools test

A

if you are required to bins your own tools more likely you are independent contractor.

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6
Q

organization test

A

more involved in the org you, more likely you will be found as an employee by the courts

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7
Q

risk test

A

who is baring the financial risk

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8
Q

unconscienable contract

A

unequal contract 23 years old vs. lawyer

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9
Q

Non solicitation Cause

A

After you leave you do not solicite customers or firm that you left.

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10
Q

obsolescence

A

contract no longer applies to that position because it has changed.

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11
Q

job description

A

any and all duties as maybe required from time to time.

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12
Q

probation period

A

3 months

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13
Q

kestrictive covenants

A

non disclosure clause
non solicitation
non compeition

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14
Q

ownership of intellectual property

A

if created during employment, owned by employer unless it says so in the contract.

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15
Q

cooperative policies

A

entire agreement clause - words of the contract itself govern the relationship employment.

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16
Q

inducement

A

induce me to leave the company for another company, i should get more notice.

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17
Q

fiduciary duty

A

duty to act in best interest of your company to the exclusion of their best interest.

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18
Q

what is a contract

A

a voluntary exchange of promises that creates rights and obligations for the parties

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19
Q

breach of contract

A

when a promise is broken one party can sue the other for a breach of contract

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20
Q

what must an offer contain

A

terms of the contract
a communication of willigness to be bound
terms of offer must be clear and complete
some terms can be implied.

21
Q

true or false:
when an offer has been communicated, disclaimers of responisbiliy must be posted in plain sight or printed on back of tickets these are known as exemption clauses or disclaimers

A

TRUE

22
Q

T OR F

Only the person or group to who the offer is made can accept the offer

A

True

23
Q

acceptance of an offer must be conditional e.g must not specify any new terms

A

true

24
Q

T or F

silence is acceptance

A

false

silence is not acceptance unless part of an on going business relationship

25
Q

T OR F

in standard form contracts, the law assumes parties are equal in bargaining positions.

A

true

26
Q

The law provides equalizers

A

consumers protection laws

interpretation against the maker called “strict interpretation” or “contra proferntom”

27
Q

what is consideration

A

the price one on is willing to pay a promise

all parties most derive some benefit from the deal

28
Q

what are the 4 main features of consideration?

A

must be specific
legal
present
and not a one sided promise

29
Q

t or f

a change in a contract usually requires new consideration

A

true

30
Q

T OR F

consideration must be fair

A

false need to be fair, but unfair consideration may lead to a defense of insanity, fraud or someother legal wrong

31
Q

exceptions of consideration

A 
paying less to satisfy a debt 
settlement out of court
request for services ( quantum menuit)
documents under seal
in employement agreement, the employment agreement should use the words asamended from time to time.
32
Q

4 classifications of private legal wrongs

A

tort
breach of contract
statutory wrong entitling you to sue
equitable wrong

33
Q

T OR F

no statues says that infants have the capacity to enter into employment contracts

A

True

34
Q

contract is unenforceable when?

A

it is missing some forma, legal requirement (all void contracts are unenforceable, but reverse is not true.)

35
Q

T OR F

drunkness is treated like insanity?

A

true

36
Q

age enough to indicate insanity?

A

no

37
Q

True or false
A contract made under an incapacity such infancy, insanity, drunkeness can be ratified when a person reaches the age of majority sane or sober

A

true

38
Q

what is a restrictive covenant?

A

a resriction that prohibits the seller of a business to complete within x years and within y kilometres

39
Q

T OR F
restricive covenants are void for unduly restraining trade unless they can be shown to be reasonable to protect the business or not against public interest

A

TRUE

40
Q

T OR F

The non-competition clause is prima facie illegal and therefore void unless reasonable

A

true

41
Q

what is the non solicitation clause

A

departing employee is bound not to solicit business from employers customers for a period of time and within a defined area

42
Q

TRUE OR F

non competition clauses against departing employees are harder to enforce than those restricting business sellers

A

true

43
Q

restrictions on employees, employersneed to show

A

clause is necessary to protect business
reasonsable as to time and area
non-solicitation clause w/n adequately protect business

44
Q

when is intention presumed?

A

in commercial relationships

no intention presumed in social,domestic relationships

45
Q

statute of frauds requires written evidence of contacts that are

A

longer than one year
for land transactions
guarantees and indemnities

46
Q

what is conditional acceptance

A

express terms on contract

stated clearly either orally or in writing

47
Q

implied terms

A

not expressely stated but deemed to be part of a contract by operation of law

48
Q

T OR F
only if the person described in the agreement is an employee will expressed and implied terms be enforceable by operation of law

A

true

49
Q

common law tests to determine if a person is an employee or ind contractor

A

control test
organization test
risk test
tools test

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