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Class:BLAW 2361 - LEGAL ENVIRON
Subject:Business Law
University:Texas State University - San Marcos
Term:Fall 2011
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Absolute Privilege Also Parliamentary privilege. 
 legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator.
Witness testifying in court may never be sued for defamation. (deliberately false testimony is perjury, not defamation.)
Advertisements Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services.
it is a request for an offer, not an offer.
Auctions An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder.
Bids are the offer, not the auction.
Assault In law, assault is a crime causing a victim to fear violence.
the defendant does some act that makes the plaintiff fear imminent battery.
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Battery Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.
intentional touching of another person.
Bilateral Contract promise made in an exchange for another promise.
Breach of Duty defendant failing to behave the way a reasonable person would behave in a similar situation.
Clickwraps and Shrinkwraps when you click "i agree" when buying something online, or when something is sent with electronics that says to read and agree to the terms
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Collateral promise one person agrees to pay the debt of one to the debtor- must be in writing.
Compensatory Damages 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.
money intended to restore a plaintiff to the position before the injury
Comparative Negligence a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
in most states, plaintiff may recover even if they are partially responsible
Consumer protection statute outlaw false advertising

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Contributory Negligence if the plaintiff is even slightly responsible, they recover nothing
Conversion taking or using someones property without consent.
Similar to theft, allows  plaintiff to pursue the case, and not have to wait on criminal prosecution, and to obtain compensation
Cover to make good faith purchases of goods similar to those in the contract
Defamatory Statement intentional tort- statement likely to harm another persons reputation
must be false and communicated
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Dram acts make business liable for serving drinks to intoxicated customers who later cause harm
Element fact that a plaintiff must prove to win
Executed Contracts agreement in which all parties have fulfilled their obligation
Executory Contract agreement in which one or more parties has not filled their obligations
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Expectation damages Expectation damages are damages recoverable from a breach of contract.
the money required to put one party in the position she would have been in had the other side performed the contract
Express Contract agreement with all important terms explicitly stated
False Imprisonment False imprisonment is a restraint of a person in a bounded area without justification or consent.
intentional restraint against someone without reasonable cause
Fraud In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual.
injuring another person by deliberate deception 
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Goods things that are movable, other than money and investment securities 
Implied Contract words and conduct of the parties indicate that they intended an agreement
Incidental Damages type of legal damages,, that are reasonably associated with or related to actual damages.
small costs the injured party suffers when responding to the breach
injunction court order that requires someone to do someting or to refrain from doing something

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Integrated contract a writing that the parties intend as the final and complete agreement
Integration clause (to avoid parole evidence) anything before signing is disregarded

Intentional Infliction emotional distress resulting from outrageous conduct
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress
Intentional Tort harm caused by a deliberate action
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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Intrusion tort (wrong) if a reasonable person would find the invasion of their privacy life offensive 
Judicial Activism judicial ruling suspected of being based on personal or political considerations rather than on existing law.
courts willingness to change or ignore a contract perceived as unjust 
Judicial Restraint courts reluctance to interfere with the terms of conduct  
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
Justification a claim for defense that is a claim that special circumstances made its conduct fair
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landowner's duty common law for property owners
-children: only liable if there is a man made  thing on land attracting the kids
-invitee: who has the right  to enter is entitled  to reasonable care from land owners 
-Licensee: such as guest  is entitled to a warning of hidden dangers
-trespasser: landowner is only liable to a trespasser for intentional injury
Law merchant rules and customs developed by traders throughout europe from 15th to 18th century 
Lex mercatoria is the body of commercial law used by merchants throughout Europe during the medieval period.
Letter of intent letter summarizing negotiating progress
a document outlining an agreement between two or more parties before the agreement is finalized.
not a contract 
Liquidated clause pre agreement in a contract of what one will receives if the other breaches 

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Mailbox Rule The posting rule is an exception to the general rule of contract law in common law countries that acceptance takes place when communicated.
Acceptance is generally effective upon dispatch
Mirror Image Rule requires that acceptance be on precisely the same terms as the offer 
states that an offer must be accepted exactly without modifications.
Mitigate keep damages low as reasonable
Negligence to win- breach, duty of care, factual cause, foreseeable harm, injury 
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Negligence and strict liability injuries caused by neglect and over site

Negligence per se the legal doctrine whereby an act is considered negligent because it violates a statute.
when a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people and a violation of the statute injures a member of that group
Nominal damages token sum, such as one dollar, given to plaintiff who demonstrates a breach with no injury 

Noncompetition agreement contract in which  one party agrees  not to compete with another

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Offer act that proposes definite terms and permits other party to creat a contract to accept
opinion valid defense in defamation case- cannot be proven
statements can be opinions, unless they are an expert
Parole evidence anything said or written before parties signed a contract

The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole.
Promissory estoppel possible remedy for  an injured plaintiff in a case with no valid contract
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Punitive Damages punishment for the defendant for conduct that is outrageous

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.
Qualified Privilege two people who have a legitimate need to exchange information
Quantum Meruit Quantum meruit is a Latin phrase meaning "what one has earned".

damages awarded in quasi-contract
Quasi Contract possible remedy for plaintiff with no contract

 fictional contract created by courts for equitable, not contractual purposes.
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Reformation process in which court will partially re write contract
Res Iipsa Loquitur facts that imply that the defendants negligence caused the accident
Single Recovery requires court to settle past and future expenses once and for all
Specific performance forces both parties to complete the deal

an order of a court which requires a party to perform a specific act, usually what is stated in a contract.
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Statute of Frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract.

a plaintiff may not enforce any of the following agreements, unless the agreement, or some memorandum of it, is in writing and signed by the defendant


Agreements must be in writing if: - for any interest of land
- that cant be performed in one year
- to pay the debt of another
- made by an executor of an estate
- made in consideration of marriage
- for the sale of goods worth $500 or more
Strict liability higher level of liability resulting from ultra hazardous acts or defective products 
Tort violation of duty imposed by civil law

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else.
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Tortious interference with a contract improperly  induced a third party to breach a contract
trespass intentional entering land or remaining on land after asked to leave

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Unforseeable contracts contacts cannot be performed within one year unless it in writing
unforseeable agreement parties intended to form a valid bargain bu the court prevents it 
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Void agreement contract that neither party van enforce becaus ehte bargain is illegal

A void contract, also known as a void agreement, is not actually a 
contract.
voidable contract A voidable contract, unlike a void contract, is a valid contract.

agreement that may be terminated by one of the parties
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 Absolute PrivilegeAlso Parliamentary privilege. 
 legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator.
Witness testifying in court may never be sued for defamation. (deliberately false testimony is perjury, not defamation.)
 AdvertisementsAdvertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services.
it is a request for an offer, not an offer.
 AuctionsAn auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder.
Bids are the offer, not the auction.
 AssaultIn law, assault is a crime causing a victim to fear violence.
the defendant does some act that makes the plaintiff fear imminent battery.
 BatteryBattery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.
intentional touching of another person.
 Bilateral Contractpromise made in an exchange for another promise.
 Breach of Dutydefendant failing to behave the way a reasonable person would behave in a similar situation.
 Clickwraps and Shrinkwrapswhen you click "i agree" when buying something online, or when something is sent with electronics that says to read and agree to the terms
 Collateral promiseone person agrees to pay the debt of one to the debtor- must be in writing.
 Compensatory DamagesIn 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.
money intended to restore a plaintiff to the position before the injury
 Comparative Negligencea partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
in most states, plaintiff may recover even if they are partially responsible
 Consumer protection statuteoutlaw false advertising

 Contributory Negligenceif the plaintiff is even slightly responsible, they recover nothing
 Conversiontaking or using someones property without consent.
Similar to theft, allows  plaintiff to pursue the case, and not have to wait on criminal prosecution, and to obtain compensation
 Coverto make good faith purchases of goods similar to those in the contract
 Defamatory Statementintentional tort- statement likely to harm another persons reputation
must be false and communicated
 Dram actsmake business liable for serving drinks to intoxicated customers who later cause harm
 Elementfact that a plaintiff must prove to win
 Executed Contractsagreement in which all parties have fulfilled their obligation
 Executory Contractagreement in which one or more parties has not filled their obligations
 Expectation damagesExpectation damages are damages recoverable from a breach of contract.
the money required to put one party in the position she would have been in had the other side performed the contract
 Express Contractagreement with all important terms explicitly stated
 False ImprisonmentFalse imprisonment is a restraint of a person in a bounded area without justification or consent.
intentional restraint against someone without reasonable cause
 FraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual.
injuring another person by deliberate deception 
 Goodsthings that are movable, other than money and investment securities 
 Implied Contractwords and conduct of the parties indicate that they intended an agreement
 Incidental Damagestype of legal damages,, that are reasonably associated with or related to actual damages.
small costs the injured party suffers when responding to the breach
 injunctioncourt order that requires someone to do someting or to refrain from doing something

 Integrated contracta writing that the parties intend as the final and complete agreement
 Integration clause(to avoid parole evidence) anything before signing is disregarded

 Intentional Inflictionemotional distress resulting from outrageous conduct
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress
 Intentional Tortharm caused by a deliberate action
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor
 Intrusiontort (wrong) if a reasonable person would find the invasion of their privacy life offensive 
 Judicial Activismjudicial ruling suspected of being based on personal or political considerations rather than on existing law.
courts willingness to change or ignore a contract perceived as unjust 
 Judicial Restraintcourts reluctance to interfere with the terms of conduct  
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
 Justificationa claim for defense that is a claim that special circumstances made its conduct fair
 landowner's dutycommon law for property owners
-children: only liable if there is a man made  thing on land attracting the kids
-invitee: who has the right  to enter is entitled  to reasonable care from land owners 
-Licensee: such as guest  is entitled to a warning of hidden dangers
-trespasser: landowner is only liable to a trespasser for intentional injury
 Law merchantrules and customs developed by traders throughout europe from 15th to 18th century 
Lex mercatoria is the body of commercial law used by merchants throughout Europe during the medieval period.
 Letter of intentletter summarizing negotiating progress
a document outlining an agreement between two or more parties before the agreement is finalized.
not a contract 
 Liquidated clausepre agreement in a contract of what one will receives if the other breaches 

 Mailbox RuleThe posting rule is an exception to the general rule of contract law in common law countries that acceptance takes place when communicated.
Acceptance is generally effective upon dispatch
 Mirror Image Rulerequires that acceptance be on precisely the same terms as the offer 
states that an offer must be accepted exactly without modifications.
 Mitigatekeep damages low as reasonable
 Negligenceto win- breach, duty of care, factual cause, foreseeable harm, injury 
 Negligence and strict liabilityinjuries caused by neglect and over site

 Negligence per sethe legal doctrine whereby an act is considered negligent because it violates a statute.
when a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people and a violation of the statute injures a member of that group
 Nominal damagestoken sum, such as one dollar, given to plaintiff who demonstrates a breach with no injury 

 Noncompetition agreementcontract in which  one party agrees  not to compete with another

 Offeract that proposes definite terms and permits other party to creat a contract to accept
 opinionvalid defense in defamation case- cannot be proven
statements can be opinions, unless they are an expert
 Parole evidenceanything said or written before parties signed a contract

The parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole.
 Promissory estoppelpossible remedy for  an injured plaintiff in a case with no valid contract
 Punitive Damagespunishment for the defendant for conduct that is outrageous

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.
 Qualified Privilegetwo people who have a legitimate need to exchange information
 Quantum MeruitQuantum meruit is a Latin phrase meaning "what one has earned".

damages awarded in quasi-contract
 Quasi Contractpossible remedy for plaintiff with no contract

 fictional contract created by courts for equitable, not contractual purposes.
 Reformationprocess in which court will partially re write contract
 Res Iipsa Loquiturfacts that imply that the defendants negligence caused the accident
 Single Recoveryrequires court to settle past and future expenses once and for all
 Specific performanceforces both parties to complete the deal

an order of a court which requires a party to perform a specific act, usually what is stated in a contract.
 Statute of Fraudsrefers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract.

a plaintiff may not enforce any of the following agreements, unless the agreement, or some memorandum of it, is in writing and signed by the defendant


 Agreements must be in writing if:- for any interest of land
- that cant be performed in one year
- to pay the debt of another
- made by an executor of an estate
- made in consideration of marriage
- for the sale of goods worth $500 or more
 Strict liabilityhigher level of liability resulting from ultra hazardous acts or defective products 
 Tortviolation of duty imposed by civil law

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else.
 Tortious interference with a contractimproperly  induced a third party to breach a contract
 trespassintentional entering land or remaining on land after asked to leave

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
 Unforseeable contractscontacts cannot be performed within one year unless it in writing
 unforseeable agreementparties intended to form a valid bargain bu the court prevents it 
 Void agreementcontract that neither party van enforce becaus ehte bargain is illegal

A void contract, also known as a void agreement, is not actually a 
contract.
 voidable contractA voidable contract, unlike a void contract, is a valid contract.

agreement that may be terminated by one of the parties
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