Legal Terms Flashcards
1
Q
Legally Dispositive Facts
A
For example, in a battery claim, if it can be proven that the defendant never made contact with the plaintiff, the court can dismiss the claim without analyzing other elements of battery.
2
Q
Procedural Posture (4 Components)
A
- Offer: Is there a clear intent to enter into a contract? (Clear transaction being said).
- Acceptance: Does it mirror every term of the offer? (Mutual Assent).
- Consideration?
- Unilateral or Bilateral?
3
Q
Promissory Estoppel
A
- Alternative Consideration. Valid Promise.
- Applies if there was no valid consideration or promise.
- Reasonably inspected reliance to promise?
- Can injustice be avoided by enforcing the promise?
- If there is a promise, then we will need to enforce.
4
Q
Objective Theory of Contracts
A
- Instance with the Bar, Farmer signed a contract as a Joke and got his wife to sign the contract as well.
- Offer and Acceptance. Manifested intent. Acted in ways where it was a real contract.
Objective Conduct (Essence of Objective Theory)
5
Q
Unilateral & Bilateral Agreements
A
- Unilateral: Someone is asking a random person, “if you do this, I’ll give you $5,000.” Whoever is working on the house (First Come First Serve), a contract is enforced.
- Bilateral: Asks a specific person “ I”ll give you the blue ford 1500 truck, Jane Doe, in exchange for $200”. It’s formed when two people agree on a specific promise.
6
Q
Mutual Assent
A
- Reference with boat in the driveway. Forgot which boat was in the driveway.
- Assumption is that the boat is somewhere. Boat in garage for $500.
- Two boats in garage, but one is in mind. Didn’t specify. Unilateral stakes.
7
Q
Parol Evidence
A
- Contract in Writing. “I will construct house for $200,000. Disputable because offer originally was $150,000”.
- Will take over writing over general evidence.
8
Q
Consideration
A
- Bargained-for exchange.
- Legal Value.
