Contracts Flashcards
what is a conditional acceptence
counter offer
if two married people join in contract is it enforceable?
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
implied term
duty of good faith
independent contractors vs. employees
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.)
tools test
if you are required to bins your own tools more likely you are independent contractor.
organization test
more involved in the org you, more likely you will be found as an employee by the courts
risk test
who is baring the financial risk
unconscienable contract
unequal contract 23 years old vs. lawyer
Non solicitation Cause
After you leave you do not solicite customers or firm that you left.
obsolescence
contract no longer applies to that position because it has changed.
job description
any and all duties as maybe required from time to time.
probation period
3 months
kestrictive covenants
non disclosure clause
non solicitation
non compeition
ownership of intellectual property
if created during employment, owned by employer unless it says so in the contract.
cooperative policies
entire agreement clause - words of the contract itself govern the relationship employment.
inducement
induce me to leave the company for another company, i should get more notice.
fiduciary duty
duty to act in best interest of your company to the exclusion of their best interest.
what is a contract
a voluntary exchange of promises that creates rights and obligations for the parties
breach of contract
when a promise is broken one party can sue the other for a breach of contract
what must an offer contain
terms of the contract
a communication of willigness to be bound
terms of offer must be clear and complete
some terms can be implied.
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
TRUE
T OR F
Only the person or group to who the offer is made can accept the offer
True
acceptance of an offer must be conditional e.g must not specify any new terms
true
T or F
silence is acceptance
false
silence is not acceptance unless part of an on going business relationship
T OR F
in standard form contracts, the law assumes parties are equal in bargaining positions.
true
The law provides equalizers
consumers protection laws
interpretation against the maker called “strict interpretation” or “contra proferntom”
what is consideration
the price one on is willing to pay a promise
all parties most derive some benefit from the deal
what are the 4 main features of consideration?
must be specific
legal
present
and not a one sided promise
t or f
a change in a contract usually requires new consideration
true
T OR F
consideration must be fair
false need to be fair, but unfair consideration may lead to a defense of insanity, fraud or someother legal wrong
exceptions of consideration
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.
4 classifications of private legal wrongs
tort
breach of contract
statutory wrong entitling you to sue
equitable wrong
T OR F
no statues says that infants have the capacity to enter into employment contracts
True
contract is unenforceable when?
it is missing some forma, legal requirement (all void contracts are unenforceable, but reverse is not true.)
T OR F
drunkness is treated like insanity?
true
age enough to indicate insanity?
no
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
true
what is a restrictive covenant?
a resriction that prohibits the seller of a business to complete within x years and within y kilometres
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
TRUE
T OR F
The non-competition clause is prima facie illegal and therefore void unless reasonable
true
what is the non solicitation clause
departing employee is bound not to solicit business from employers customers for a period of time and within a defined area
TRUE OR F
non competition clauses against departing employees are harder to enforce than those restricting business sellers
true
restrictions on employees, employersneed to show
clause is necessary to protect business
reasonsable as to time and area
non-solicitation clause w/n adequately protect business
when is intention presumed?
in commercial relationships
no intention presumed in social,domestic relationships
statute of frauds requires written evidence of contacts that are
longer than one year
for land transactions
guarantees and indemnities
what is conditional acceptance
express terms on contract
stated clearly either orally or in writing
implied terms
not expressely stated but deemed to be part of a contract by operation of law
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
true
common law tests to determine if a person is an employee or ind contractor
control test
organization test
risk test
tools test
