Final Flashcards

1
Q

What is a strict liability crime?

A

One without a mental element

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2
Q

What is workers compenation?

A

A no fault system for workplace injuries

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3
Q

What is libel?

A

defamatory falst statements about others

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4
Q

What is negligence per se?

A

The level of care is defined by the statute, for forseeability of injury

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5
Q

What is the difference between a condition and a promise?

A

A condition is necessary for a contract to go through

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6
Q

What are the three types of conditions?

A

Precedent
Subsequent
Concurrent

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7
Q

What are compensatory damages?

A

When you sue for the benefit of the bargain. Put nonbreaching party in as good of postion, as if contract had been performed

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8
Q

What are punitive damages?

A

meant to punish other party, generally not available in breach of contract

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9
Q

What are consequential damages?

A

have to know, in order to assume responsibility

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10
Q

What are liquidated damages?

A

for a certain amount, if contract is breached

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11
Q

What is cover?

A

equivalant item, buyer’s substitute transaction

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12
Q

What is resale?

A

seller substitutes transaction (sells somewhere else)

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13
Q

What is an injunction?

A

equitable remedy-You can’t do “that’ e.g. non compete

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14
Q

What is specific performance?

A

you want what was bargained for. not available for personal service contracts

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15
Q

What happens in assignment law?

A

promise is transferred, and carries all baggage, subject to claims and defenses

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16
Q

What is a check?

A

negotiable instrument

17
Q

What is a holder in due course?

A

not subject to transactional stuff. the transfer is negotiation. and is free of claims and defenses