BCOR 3000: EXAM 2
84 Cards in this Set
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acceptance
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A voluntary act by the offeree that shows assent or agreement to the terms of an offer
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intentional tort
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An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor.
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informal contract
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A contract that does not require a specific form or formality to be valid
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unilateral contract
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A contract that results when an offer can be accepted only be the offeree's performance
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trespass to personal property
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The unlawful taking or harming of another;s personal property; interference with other's right to the exclusive possession of their personal property
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Slander
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Defamation in oral form
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Unconscionable
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Clause that is void on the basis of public policy because one party is forced to accept terms that are unfairly burdensome
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Void contract
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A contract having no legal force or binding effect
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Adhesion contract
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A standard form contract is a contract between two parties where the terms and conditions of the contract are set by one of the parties, and the other party is placed in a "take it or leave it" position with little or no ability to negotiate terms more favorable to it.
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Exculpatory clause
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A clause that releases a contractual party from liability in the event of monetary or physical injury no matter who is at fault
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Blue sky laws
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A blue sky law is a state law in the United States that regulates the offering and sale of securities to protect the public from fraud.
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Comparative negligence
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Reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault
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option contract
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...
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implied in fact contract
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An implied-in-fact contract is a contract agreed by non-verbal conduct, rather than by explicit words.
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Counter offer
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An offeree's response to an offer in which the offeree rejects the original offer and at the same time makes a new offer
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Conversion
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Wrongfully taking or retaining possession of an individuals personal property and placing it in the service of another
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Compensatory damages
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In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.
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puffery
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A salesperson's often exaggerated claims concerning the quality of offered for sale
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Appropraition
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the use by one person of another person's name, without the permission and for the benefit of the user
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cyernotary
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A legally recognized authority that can certify the validity of the digital signatures
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Libel
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Defamation in writing
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Damages
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In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.
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Battery
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Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.
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general damages
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In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.
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Assault
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In law, assault is a crime causing a victim to fear violence.
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click-on-agreement
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An agreement to be bound to the terms through the action of clicking "i agree"
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Voidable contract
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a contract that may be legally avoidable at the option of one or both of the parties
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Valid contract
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A contract that results when the elements necessary for contract formation are present
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mailbox rule
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The posting rule is an exception to the general rule of contract law in common law countries that acceptance takes place when communicated.
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e-signature
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A digital signature or digital signature scheme is a mathematical scheme for demonstrating the authenticity of a digital message or document.
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Slander of title
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In law, slander of title is normally a claim involving real estate in which one entity falsely claims to own another entity's property.
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Formal contract
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A contract that by law requires a specific form
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revocation
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the withdrawal of an offer by the offeror
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express contract
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A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing.
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punitive damages
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Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
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tort
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...
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estopped
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Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or leg…
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Contractual capacity
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the threshold mental capacity required by law for a person who enters into a contract to be bound by that contract
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contributory negligence
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Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort.
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Res Ipsa Loquitor
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..
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duty of care
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In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
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emancipation
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the act of being freed from parental control
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predatory behavior
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Actions undertaken with the intention of unlawfully driving competitors completely out of the market
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trespass to land
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the entry onto, above, or below the surface of land owned by another without the owner's permission or legal authority
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partnering agreement
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Agreed terms for buyer and seller who do frequent business with one another
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disparagement of property
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Economically injurious falsehoods are made about another's product or property
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contract
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A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing.
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Actual malice
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...
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Disaffirmation
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The legal avoidance or setting aside of a contractual obligation
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Shrink-wrap agreement
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An agreement whose terms are expressed in a document located inside a box in which goods are packaged
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Consideration
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Consideration is the concept of legal value in connection with contracts.
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Forbearance
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In the context of a mortgage process, forbearance is a special agreement between the lender and the borrower to delay a foreclosure.
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Rescission
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In contract law, rescission has been defined as the unmaking of a contract between parties.
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Past consideration
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An act that tales place before the contract is made and that ordinarily, by itseld, cannot be consideration for a later promise to pay for the act
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accord and satisfaction
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Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation.
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Liquidated debt
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A debt for which the amount has been agreed on settled or exactly determined
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negligence per se
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Negligence per se is the legal doctrine whereby an act is considered negligent because it violates a statute.
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objective theory of contracts
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the intent to form a contract will be judged by facts as interpreted by a reasonable person
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necessaries
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things that are necessary for life or standard of living
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slander or quality
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false information about the product of another
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False imprisonment
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the intentional confinement os another person's activities without justification
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Forum-selection clause
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A provision in a contract designating the courts that will decide any dispute arising under the contract
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Agreement
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a meeting of two minds in regard to the terms of a contract
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ratification
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the act of accepting and giving legal force to an obligation that previously was not enforceable
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usury
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Usury ( is the practice of charging excessive, unreasonably high, and often illegal interest rates on loans.
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defamation
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anything published that causes injury to another's reputation
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record
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information that is retrievable
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plain meaning rule
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when a contract's writing is clear and unequivocal
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bilateral contract
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a type of contract that arises when a promise is given in exchange for a return promise
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mirror image rule
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In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications.
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release
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a contract on which one party forfeits the right to pursue a legal claim
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covenant not to sue
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an agreement to substitute a contractual obligation for some other type of legal action based on a valid claim
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covenant not to compete
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A promise of one party to refrain from conducting business similar to that of another party
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Employment contract
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A contract between an employer and an employee in which the terms and conditions of employment are stated
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promissary estoppel
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Applies when a promisor makes a clear and definite promise on which the promisee justifiably relies; is it more justice if you were to enforce the promise
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quasi contract
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...
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reformation
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A court-ordered correction of a written contract so that it reflects the intentions of the parties
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intentional emotional distress
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intentional act that amounts to extreme conduct resulting in severe emotional distress to others
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browse-wrap term
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Terms that are presented to a user before being downloaded
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actionable
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capable of serving as the basis of a lawsuit
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special damages
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compensate the plaintiff for the quantifiable monetary losses
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fraudulent misrepresentation
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misrepresentation intently to deceive another and on which a reasonable person would and does rely on their detriment
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promise
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an assertion that something either will or will not happen in the future
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offer
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a promise or commitment to perform or refrain from performing some specified act in the future
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Exam 1 (CH 1-3)