Finals Flashcards
What is consideration
Something of legal value
Laura was joking with a friend about selling her car for $2000 and only riding her bike to and from work. Her friend said I accept your offer. Is there an enforceable contract between Lara and a friend?
No because Lara did not objectively intend to be bound by her offer to sell her car for $2000
Generally a contract for a covenant not to compete must be reasonable as to what three elements?
The difference between the value of the breach in parties, contractually promise performance, and the value of the breach in parties actual performance
Taxi co contracts to purchase two limousines from custom cars with delivery took her on May 1. Taxi co explain to customer cars that on-time delivery was very important because the limousines were booked for four proms in a wedding in May. Custom cars breach the contract and never delivered to two limousines. Taxi co had to cancel the prom and the wedding contracts. In a lawsuit, will Taxi co be able to recover the profits it lost when I canceled the problem and wedding contracts
Yes because these were consequential damages and direct loss is related to custom cars breach which was foreseeable as custom cars knew of the prom and wedding contract
When do parties agreed to liquidated damages?
At the time of entering the contract before any breach has occurred
Article 2 of the Uniform Commercial Code applies to which type of contracts?
Contract for sale of goods
How does the UCC differ from the common law of contracts with regards to terms of the contracts
The UCC allows contract to be formed with indefinite terms whereas the common law requires definite terms
Why was the UCC created?
To promote uniformity in commercial law
Which of the following are required elements to prove a lawsuit of negligence: 1) defendant owed duty of care to defendant breached a duty 2) injury to plaintiff. 4) defendants breach of duty caused injury or 5) defendants breach of duty was proximate cause of plaintiffs injury
1234 and five
Pool company contracts to clean City Pool every Monday and Friday during the summer schedule in programs and Pool Company asks City Pool if the schedule can be changed to cleanings every Tuesday and Saturday. City Pool agrees to the new cleaning dates pool company finishes the contract for the Summer by cleaning City Pools every Tuesday and Saturday this is an example of?
Accord and satisfaction
A buyer contract to purchase the home of Sara seller the contract for the state very much purchase a home only if she can obtain financing for a mortgage with an interest rate below 6%. As it turns out, Sara was not able to obtain financing for a mortgage with an interest below 6%. What is the outcome of this home sale contract?
Betty is discharge from the contract because of the condition precedent
Under the common law of contracts, a party is entitled to payment if the party Substantially performs the contract. Yeah elements of substantial performance are one the party performing a face to the performance must not vary greatly from the promised performance?
The performance creates substantially the same benefit as the contractually promised performance
Some contracts include a condition. A condition is a qualification based on the occurrence or non-occurrence of a blank which would trigger performance of the contract or terminate the contract
Future event
The concept of fiduciary is key to a principal agent in law what is a fiduciary relationship?
A relationship involving trust and confidence
Small company hired Sam to be small companies agent in social media. Sam excepted payment, but forgot to do any work. Which duty has Sam breached?
Agents duty to perform
Small company gave its agents Sam $1000 to buy a computer for Sam to work from home. When Sam went to the store, she found a computer was discounted 40%. She paid 600 but kept 400 for herself has Sam breached any duty?
Yes he’s breached agents duty to account
Does an international sales contract for the sale of goods exceeding $500 have to be in writing to be enforceable in court?
No because the 1980 UN convention on contracts for the international sale of goods does not include a statute of frauds
How much the offer excepted an offer to form a bilateral contract?
Promising to perform once there is a promise for promise and enforceable contract is formed
A common law rule that requires that the terms of the offeree’s acceptance adhere exactly to the terms of the offeror’s offer for a valid contract to be formed is called what?
The mirror image rule
If there is a dispute as to whether a contract was formed, courts look to the blank?
The objective facts as interpreted by reasonable person
Sams accounting company offers to perform one year of paperwork for Ted’s furniture store 45th $2000. Before Ted’s furniture store reply’s, Sam’s accounting company called to cancel the offer. Is it legal?
Yes, an offeror may revoke an offer any time before acceptance
Which negligence doctrine states the following violation of the statute that proximately causes injury create liability?
Negligence per se
A plaintiff in a negligence lawsuit proves that the defendant or a duty of care, which the duty of care, and the defendants breach of the duty cause injury to the plaintiff. However, the plaintiff fails to propose defendants breach of duty was proximate cause for plaintiff injury what is the outcome?
Plaintiff has not proved his claim it and will not recover judgment from the defendant
If a defendant loses in a civil case, the defendant is found?
Liable not guilty
Tim and taxi company sunny written contract whereby Tim agrees to clean the 10 cabs owned by taxi company for a few of $50 per cab. Later, without the consent of taxi company, Tim changes the 5 to an 8 making a fee $80 per cab. What is the probable outcome of the situation?
Tim materially alter the contract and taxi company Can treat the contract as terminated
Tim makes custom ductwork for it HVAC contractors. Bob placed an order for custom ductwork worth $20,000. Tara made the order and called Bob to pick up his order but Bob never picked up the order how many terra proceed?
Tara tendered performance and can now demand payment from Bob including filing a lawsuit for breach of contract
Party a and party b Enter into a contract. Party B seeks to have Party C take the place of Party B. All three parties agree to the situation agreeing to extinguish the original contract and create a new contract Party A and Party C. This is called?
Novation
What is the purpose of compensatory damages in contract?
To cover direct losses and expenses
Jill is employed by Lil bookstore. As an agent at little bookstore, Jim withdraws cash every Friday from little bookstores bank account at first bank. If James agencies terminated, what type of notice should little bookstore give to first bank?
Direct notice
An agent may have expressed authority and implied authority. What is implied authority?
Authority to do what is reasonably necessary to carry out express authority
And express agency may be based on an oral or written agreement unless blank?
The agent is to enter into contracts which must be in writing under the statute of frauds, then the agency agreement must be in writing
Under President Obama, the national labor relations board experienced upheaval because of what?
The US Supreme Court held that some members of the NLRB were appointed in a way that violated the US Constitution
The immigration reform and control act of 1986 requires employers to complete blank for new employees contractors or day workers within three days of hiring.
Form I-9 employment eligibility verification
For three years Tom worked as an employee at will for shipping company. Tom is a minority race and practices a minority religion. Tom’s boss fired him because Tom arrived an hour late to work every day. May Tom sue for wrongful termination?
No Tom was terminated for a good cause not because his his race or religion
John just started his first job and received his first paycheck. He was shocked to see a deduction on his paystub for FICA. Why was there a FICA deduction from his salary?
Employees must contribute to the Social Security retirement system
Members of the union go on strike and pick it to workplace. The company hired satisfactory replacement workers so that it continue to operate after the strike, does the company have to rehire the striking workers?
No
The Fair labor standards act restricts the number of hours blank may work
Children
Which of the following is a criticism of right to work laws?
Non unión members are free riders benefitting from union negotiated contracts.
Tara worked for XYZ company for five years but hated her job. Finally, she quit. The next day, she went to the unemployment office to register to receive unemployment benefits. What will likely happen?
She will be told she is not eligible for benefits because she voluntarily left her job.
ABC company was operating a construction site building a 20 story hotel. The worker fell from a tall scaffolding and died. Under the law, ABC company must do which of the following?
Notify OSHA of the deaths within eight hours
The family medical leave act requires companies with over 49 employees to provide up to 12 weeks of blank in a one year period.
Unpaid family or medical leave
Which type of discrimination is prohibited under title VII of the civil rights act?
Intentional discrimination and unintentional discrimination
To decide whether liability exists the court considers which of the following factors when analyzing lawsuits alleging violations of the equal pay act?
The content primary duties of the two jobs with disparate pay
Lance believes his application to work for a big company was rejected because of his disparate treatment discrimination based on his national origin. His attorney tells him that, during trial, he will need to prove a prima Facie case which includes the following elements: 1) that Lance is a member of a protected class, 2) that Lance applied and was qualified for the job, that Lance was rejected, and blank?
The big company continue to seek applicants or filled the position with a person not in a protected class
Which federal act forbids employment Discrimination based on race color or national origin religion or gender?
Title VII of the civil rights act
Truck co. requires job applicants to submit to a physical examination is this illegal under the Americans with disabilities act?
No, all applicants, not only those with disabilities, must submit to physical examination
Jill has held a desk job with records company for 20 years. Over the last decade, she has gained weight and I was way twice a normal weight for her height. Her desk and chair do not fit her body and are causing her to experience a great deal of pain. She asked records company to provide her with a more suitable desk and chair. Will records company be required to do this?
Yes, if this is a reasonable accommodation and not an undue hardship to the employer
Lily founded wildly successful Lilly application company. The company creates maintains lifestyle apps based on Lilly and her dynamic personality. Would Lilly application company be able to have an insurance policy to cover losses in the event Lilly is injured or dies?
Yes a key person insurance policy
In a simple letter of credit transaction, which entity pays the seller?
The issuer bank
Australian company who is selling hard rolled steel in the US for prices significantly lower than the price of the goods in Australia. The US consider this an unfair international trade practice. Accordingly, the international trade administration may pose blank on the Australian company?
An anti-dumping duty
An agreement or contract between nations that must be authorized and approved by the supreme power of each nation is called?
An international treaty
In a simple letter of credit transaction what is the final step?
Buyer gives bill of laden to carrier who then gives good to buyers
Which law forbids importing goods and trading that has been designated an enemy of the US?
Trading with the enemy act
The US Congress may not impose export taxes why?
It is for bidden by the US Constitution
Melanie works in the Dubai offices of a US oil and gas company. her employer terminated her relationship because she was too old. May Melanie bring a wrongful discharge lawsuit?
Yes, the age discrimination in employment act protects US employees working in foreign countries for US employers
Do US Constitution allows the US to join a treaty in the following manner?
The president makes treaties with 2/3 approval of the senate
Currency is a different countries are valued bought and sold in which format?
A foreign exchange market
A blank clause designate which court jurisdiction or tribunal will have authority to decide any contractual disputes?
Forum selection
Outside of the US, foreign company conspired with international company to fix prices on products that eventually were sold in the US. Both companies reside in foreign nations and their conspiracy how do you substantial affect to US commerce and cause US consumers to pay higher prices. May the US government bring a Sherman act lawsuit against the companies?
Yes the Sherman act has extraterritorial affect
Under comity, Nation A must for two and give a fax to the laws and judicial decree of nation B, As long as blank
The law or judicial decree of nation B is consistent with the law and public policy of nation A
NAFTA is an agreement between Mexico Canada and the US. What type of treaty agreement is this?
Multilateral
Trade company bought factory A in a small developing nation with an unstable government. Five years later, a coupe lead to dictator taking over the nation. Dictator immediately sent military to seize factory A, advising trade company that factory in Bay now belong to the nation. What happened?
Confiscation
Members of the world trade organization must grant normal trade relations NTR status to all other member nations. What is the significance of NTR status?
Member countries must give all NTR nations the most beneficial export and import treatment given to any other nation
In a simple letter of credit transaction what does a seller give to the Ishwar bank so that the issue or bank will pay the seller
Bill of lading
Furniture company desires to export furniture to Europe. Furniture company has a hands-off approach to sales in Europe and relies upon a distributor. What is this arrangement?
Indirect exporting
The Jack Abramhoff video discusses How a scheme of rationalizations may blank a person to there unethical choices
Blind
The Jack Abramoff video discusses how a person may have one set of values for a personal life and a different set of values for work life. This may be called what?
Compartmentalization
