General law terms 2

Question 1

EXPRESS TERM

Answer 1

A provision of a contract that states a promise explicitly

Question 2

IMPLIED TERM

Answer 2

A provision that is not expressly included in a contract but that is necessary to give effect to the parties’ intention

Question 3

LIMITATION OF LIABILITY CLAUSE –

Answer 3

A term of a contract that limits liability for breach to something less than would otherwise be recoverable

Question 4

LIQUIDATED DAMAGES

Answer 4

Specifies how much one party must pay to the other in the event of breach

Question 5

GUARANTEE

Answer 5

A promise to pay the debt of someone else, should that person default on the obligation

Question 6

ILLEGAL CONTRACT

Answer 6

– A contract that cannot be enforced because it is contrary to legislation or public policy

Question 7

MISTAKE

Answer 7

An error made by one or both parties that seriously undermines a contract

Question 8

RESCISSION

Answer 8

The remedy that results in the parties being returned to their pre-contractual positions

Question 9

NON-COMPETITION CLAUSE

Answer 9

A clause forbidding competition for a certain period of time

Question 10

DUTY OF CARE

Answer 10

The responsibility owed to avoid carelessness that causes harm to others

Question 11

THIRD PARTY

Answer 11

One who is not a party to an agreement

Question 12

DECEIT

Answer 12

A false representation intentionally or recklessly made by one person to another that causes damage

Question 13

DEFAMATION

Answer 13

the public utterance of a false statement of fact or opinion that harms another’s reputation

Question 14

FALSE IMPRISONMENT

Answer 14

Unlawful detention or physical restraint or coercion by psychological means

Question 15

INVITEE

Answer 15

Any person who comes onto the property to provide the occupier with a benefit

Question 16

VOID CONTRACT

Answer 16

A contract involving a defect so substantial that it is of no force or effect

Question 17

VOIDABLE CONTRACT

Answer 17

A contract involving a defect so substantial that it is of no force or effect

Question 18

VOIDABLE CONTRACT

Answer 18

A contract that, in certain circumstances, an aggrieved party can choose to keep in force or bring to an end

Question 19

BALANCE OF PROBABILITIES

Answer 19

Proof that there is a better than 50 percent chance that the circumstances of the contract are as the plaintiff contends

Question 20

PUNITIVE DAMAGES

Answer 20

Damages that are awarded to punish the defendant

Question 21

WARRANTY

Answer 21

A minor term that, if breached, gives the innocent party the right to claim damages only

Question 22

MITIGATION

Answer 22

Lessening the force or intensity of something negative

Question 23

ASSAULT

Answer 23

The threat of imminent physical harm

Question 24

BATTERY

Answer 24

Intentional infliction of harmful or offensive physical contact

Question 25

NEGLIGENCE

Answer 25

Unreasonable conduct, including a careless act or omission, that causes harm to another

Question 26

PECUNIARY DAMAGES

Answer 26

Compensation for out-of-pocket expenses, loss of future income, and cost of future care

Question 27

LICENSEE

Answer 27

Any person whose presence is not a benefit to the occupier but to which the occupier has no objection

Question 28

NUISANCE

Answer 28

– Any activity on an occupier’s property that unreasonably and substantially interferes with the neighbor’s rights to enjoyment of the neighbor’s own property

Question 29

PASSING OFF

Answer 29

Presenting another’s goods or services as one’s own

Question 30

TRESPASS

Answer 30

The act of coming onto another’s property without the occupier’s express or implied consent

Question 31

TRESPASSER

Answer 31

Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier

Question 31

Caveat emptor

Answer 31

Buyer beware

Question 32

Go see all assignments and notes too !!!

Answer 32

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