Lets Make A Deal | But She Said | Make That Money | TIS butt a Tort |
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What type of material the UCC cover, and what are its 2 elemental requirements?
Hint: What makes it vailid?
Movable Goods
$500 and up, Formal Written Contract |
Define Consequential Damages
Damages that occurred due to one party failing contractual terms
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Define the Elements of a Battery, and define "offensive Contact"
Hint: Broad answer
If he INTENDS to cause harmful or offensive contact, and such contact occurs directly or indirectly
Offensive Contact - bodily contact offending a reasonable sense of personal dignity |
Explain the elements around Self - Defense
You can defend your self when there is REASONable belief that you will be seriously injured
-Your only allowed to use force as long as the threat of injury continues AND only as much force that is necessary |
Promissory Estoppel has the power to over-rule which element of a valid contract?
Hint: There's 3 elements necessary to create a contract
Consideration
I did all this stuff already! |
How is the "Mirror Image" Rule opposite from the UCC Rule?
HInt: Mirror Image rule doesn't fall under the UCC
An Acceptance of an Offer must be identical to the offer sent!
NO open terms, Mob Style |
What is False Imprisonment?
Broad answer no worries
Acts INTENDING to confine another within boundaries fixed by the actor
Direct or Indirect Confinement Conscious of Confinement |
What are the elements of Reasonable Force?
Only need 2 out of 4
1. The amount of force that the defender exerted
2. The means or object by which the attacker applied force 3.The manner or method used by the defender to apply force 4.THe surrounding circumstances under which the defender applied force |
What are the 3 elements required for Promissory Estoppel?
1. A Promise was made
2. Detrimental Reliance was made on that promise -injured party is NOT required to show that they gave up something, only that they relied upon the promise (Daughter farmhouse case) 3. The injustice can only be healed by enforcing the promise |
Does the UCC have a Good Faith Rule?
YES! UCC 1-304-Good Faith
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What is Trespass to Land
One liable whether he causes harm if he INTENTionally enters land in the possesion of another, or causes a thing or a third person to do so
REMAINS on the land FAILS to remove from the land a thing |
The Defense and Recover of Real Property doesn't allow you to do what? What does it allow you to do? (what would it allow a shoe salesman to do, if you run out of the store with unpaid shoes on)
1. Your liable for Assault and Battery if you use unnecessary violence to retake possession of property that was fraudulently obtained
2. MERCHANTS are permitted to detain people for reasonable investigation reasons, if thy think chattel has been taken unlawfully |
Explain: Skrinkwrap Terms, Click Wrap Terms, Browsewrap Terms
Shrinkwrap - you pay, the seller sends the "box", you examine and read terms, then decide whether to accept or return
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What is Trespass to Chattel/Conversion
If you dispossess the other of the chattel
OR THe chattel is impaired as to its condition,quality, or value OR Bodily harm is caused to the possessor, OR harm is caused to some person or thing in which the possessor has a legally protected intrest |
Explain legal rights you have to defend your "Real Property"(just this one)
-What facts must you prove to be considered lawful in your defense?
1. You may use "as much" force as REASONably necessary to prevent another from unlawfully entering your land OR to remove another who is tresspassing
2. The bad guy was tresspassing, that your force was necessary, that you ASKED the trespasser to leave FIRST but he REFUSED unless...you can prove that asking wouldnt have mattered or that by asking you could have occured SUBSTial harm |
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Broadly explain the "open terms" element within the UCC Rule (UCC 2-207)
Between MERCHANTS, where a DEFINITE and reasonable expression of Acceptance is sent within Resonable TIME, is offered as Acceptance even with additional terms, UNLESS acceptance is expressly made conditional
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What is Intentional infliction of Emotional Distress?
Who with extreme and outrageous conduct INTENTionally or RECKLESSLY causes severe emotional disturbance to another...
AND if that conduct causes bodily harm, their also liable for bodily harm |
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