Mid term Flashcards

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1
Q

What is a contract

A

An agreement between 2 or more individuals that is enforceable by law

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2
Q

What “should” be legally written down?

A

Lease agreement, labor, long-term, debts, interest

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3
Q

Void contracts are…

A

Illegal and not a contract

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4
Q

What is the Statue of frauds

A

Protects from being mislead without knowledge

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5
Q

If a contract is voidable it…

A

Lacks one or more of the elements, has the right to cancel

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6
Q

What is common law?

A

Stuff just known, morality, came before case law

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7
Q

Does a contract have to be advance?

A

No

Example) the dry cleaners is a contract

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8
Q

Who are the 3 people of talent agreements

A

Agents, managers, and attorney’s

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9
Q

What do agents do?

A

Help with getting a job

Cap at 10%

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10
Q

What do managers do?

A

Guide the entire career process, even pre-agent
Develop the client
Cap at 20%

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11
Q

What does an attorney do?

A

Legalizes and finalizes what agents and managers give to clients
Can also be an A or m
Hourly, flat, or percentage fee

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12
Q

What are the 7 elements of a contract?

A

Offer. And acceptance, Consideration, mutual agreement, contractual capacity, legality, proper form, genuine assent

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13
Q

What is the offer and acceptance element

A

Can be changed around until a definite acceptance

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14
Q

What is the consideration element?

A

It’s the exchange of value
Tangible, could be performance
Doesn’t have to be objective

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15
Q

What is the mutual agreement element

A

All are interested and agree upon the contract and intend to enter a legal bond

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16
Q

What is the contractual capacity element

A

Can the individual/client understand and or live up to the agreements
Depends on disability, age, intoxication, etc.

17
Q

What is the legality element ?

A

If it can or cannot be enforced in court

18
Q

What is proper form in elements

A

Is it written down? Words mean everything

19
Q

What is the genuine assent element

A

That the client agrees because they wan to
Fine line between blackmail and hard bargain
Not under duress

20
Q

What do you need to void a contract?

A

Leverage and/or evidence

21
Q

What is equity

A

Fairness, what should be allowed

22
Q

What. Is estoppel (quantum Mariut)

A

As much as you deserve, what is agreeable,

23
Q

What is “void against the public’?

A

Should not be allowed

24
Q

What is a statute

A

Comes from legislation,

Written rules that are derived from the constitution

25
Q

What does it mean to be overturned

A

To be thrown out and/or revised

26
Q

Does mutuality of the contract always mean there will be one?

A

No

27
Q

What is price-fixing?

A

Creating a not free market

Ex) all hotels keep same price

28
Q

What are anti-trust laws

A

Guarantee that. Competitors will not undersell each other with the effect of depriving the benefits of competition

29
Q

What is. Forbearance

A

Agree to refrain from doing something you have a legal right. To do