Fraudulent Misrepresentation
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Any misrepresentation, either by misstatement or omission of a material
fact, knowingly made with the intention of deceiving another and on which
a reasonable person would and does rely to his or her detriment.
Oil and Gas and Mineral Lease
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Same thing as a oil and gas lease including the production of other
minerals such as helium, sulphur etc.
,how to compute loss profit expectancy damages in a lawsuit
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The court would calculate your expectation damages by subtracting the
price you paid - $500 - from the value you expected to receive, resulting in
$500 of damages. Some restrictions are related to expectation damages,
which were created in the Hadley v. Baxendale court case.
Void v. Voidable
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A void contract is one that is no longer valid and will not hold up in a court.
A voidable contract is one where one or both parties have a right to
terminate the contract without legal ramifications.
Texas rule under HSSA
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3 days to revoke contract by buyer
warranty
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, a confirmation of the quality or performance of a good or service
Inadequate Warnings
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Product is defective based on inadequate end-user warnings or
instructions
conditional privilege
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a party will not be held liable for defamation unless the false statement was
made with actual malice
scienter
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Knowledge by the misrepresenting party that material facts have been
falsely represented or omitted with an intent to deceive.
usury
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, the practice of lending money at exorbitant rates
3 criteria to determine reasonableness to covenants
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the duration of the restriction, the size of the geographic area where the
restriction applies, and breadth of activity to be restricted.
Battery
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unlawful touching of another person without consent
Bilateral and Unilateral Contracts
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A bilateral contract is one in which both parties make promises. A unilateral
contract is one in which only one party (promissory) makes a promise.
tenancy in common with undivided interest
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Any misrepresentation, either by misstatement or omission of a material
fact, knowingly made with the intention of deceiving another and on which
a reasonable person would and does rely to his or her detriment.
Oil and Gas and Mineral Lease
Give this one a try later!
Same thing as a oil and gas lease including the production of other
minerals such as helium, sulphur etc.
,how to compute loss profit expectancy damages in a lawsuit
Give this one a try later!
The court would calculate your expectation damages by subtracting the
price you paid - $500 - from the value you expected to receive, resulting in
$500 of damages. Some restrictions are related to expectation damages,
which were created in the Hadley v. Baxendale court case.
Void v. Voidable
Give this one a try later!
A void contract is one that is no longer valid and will not hold up in a court.
A voidable contract is one where one or both parties have a right to
terminate the contract without legal ramifications.
Texas rule under HSSA
Give this one a try later!
3 days to revoke contract by buyer
warranty
Give this one a try later!
, a confirmation of the quality or performance of a good or service
Inadequate Warnings
Give this one a try later!
Product is defective based on inadequate end-user warnings or
instructions
conditional privilege
Give this one a try later!
a party will not be held liable for defamation unless the false statement was
made with actual malice
scienter
Give this one a try later!
Knowledge by the misrepresenting party that material facts have been
falsely represented or omitted with an intent to deceive.
usury
Give this one a try later!
, the practice of lending money at exorbitant rates
3 criteria to determine reasonableness to covenants
Give this one a try later!
the duration of the restriction, the size of the geographic area where the
restriction applies, and breadth of activity to be restricted.
Battery
Give this one a try later!
unlawful touching of another person without consent
Bilateral and Unilateral Contracts
Give this one a try later!
A bilateral contract is one in which both parties make promises. A unilateral
contract is one in which only one party (promissory) makes a promise.
tenancy in common with undivided interest
Give this one a try later!