Principal
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Party that an agent's authority can bind or on whose behalf an agent can
act.
What Is Sufficient to Negate Mutual Assent?
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, Mistake
Mutual Mistake of Material Fact, Not Related to Value
Raffles v. Wichelhaus ("The Peerless Ship Case"), 159 Eng. Rep. 375 (Ex.
1864) (Mutual Mistake of Material Fact, Not Related to Value).
Illustration: Princess Diana Beanie Baby
Misrepresentation
Fraudulent (Scienter)
Schneiderman v. Trump Entrepreneur Initiative, LLC, 137 A.D.3d 409, 26
N.Y.S.3d 66 (2016) (Fraudulent Misrepresentation in Context of Contract).
CASE LAW PICTURES
Negligent
Innocent
Concealment v. Nondisclosure
Fazio v. Cypress/GR Houston I, LP, 403 S.W.3d 390 (Tex. App. En Banc 2013)
(en banc)
Undue Influence
Confidential Relationship
Illustration: Delivery of Bill of Sale to Granny's House After the Funeral
Fiduciary Relationship
Illustration: Financial Advisor and Phantom Land Deal
Duress
Reasonable Belief
Not limited to threat of physical harm
If a store dumps waste behind its building in violation of a federal environmental
regulation, the resulting dispute focuses on:
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Public Law
Original Jurisdiction
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When a court has the power/authority to hear and decide a case for the
first time
The court where the case "originates" (a/k/a "Trial Court" or "Lower Court")
The court that sorts out the evidence (facts)
Ethics
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the principles of right and wrong that guide an individual in making
decisions.
NOT LAW
Law is the moral minimum.
Ethics is subjective - voluntarily accepting the duty
public disclosure test
golden rule
universalization test
cost-benefit analysis
types of contracts
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Bilateral Contracts v. Unilateral Contracts
Formal Contracts v. Informal Contracts
Express Contracts v. Implied Contracts
Executed Contracts v. Executory Contracts
Enforceable Contracts v. Unenforceable Contracts
Valid Contracts v. Voidable Contracts v. Void Contracts
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Party that an agent's authority can bind or on whose behalf an agent can
act.
What Is Sufficient to Negate Mutual Assent?
Give this one a try later!
, Mistake
Mutual Mistake of Material Fact, Not Related to Value
Raffles v. Wichelhaus ("The Peerless Ship Case"), 159 Eng. Rep. 375 (Ex.
1864) (Mutual Mistake of Material Fact, Not Related to Value).
Illustration: Princess Diana Beanie Baby
Misrepresentation
Fraudulent (Scienter)
Schneiderman v. Trump Entrepreneur Initiative, LLC, 137 A.D.3d 409, 26
N.Y.S.3d 66 (2016) (Fraudulent Misrepresentation in Context of Contract).
CASE LAW PICTURES
Negligent
Innocent
Concealment v. Nondisclosure
Fazio v. Cypress/GR Houston I, LP, 403 S.W.3d 390 (Tex. App. En Banc 2013)
(en banc)
Undue Influence
Confidential Relationship
Illustration: Delivery of Bill of Sale to Granny's House After the Funeral
Fiduciary Relationship
Illustration: Financial Advisor and Phantom Land Deal
Duress
Reasonable Belief
Not limited to threat of physical harm
If a store dumps waste behind its building in violation of a federal environmental
regulation, the resulting dispute focuses on:
Give this one a try later!
Public Law
Original Jurisdiction
, Give this one a try later!
When a court has the power/authority to hear and decide a case for the
first time
The court where the case "originates" (a/k/a "Trial Court" or "Lower Court")
The court that sorts out the evidence (facts)
Ethics
Give this one a try later!
the principles of right and wrong that guide an individual in making
decisions.
NOT LAW
Law is the moral minimum.
Ethics is subjective - voluntarily accepting the duty
public disclosure test
golden rule
universalization test
cost-benefit analysis
types of contracts
Give this one a try later!
Bilateral Contracts v. Unilateral Contracts
Formal Contracts v. Informal Contracts
Express Contracts v. Implied Contracts
Executed Contracts v. Executory Contracts
Enforceable Contracts v. Unenforceable Contracts
Valid Contracts v. Voidable Contracts v. Void Contracts
