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BLAW 3310 EXAM 2 UTA MILLER CH 6-11 QUESTIONS WITH CORRECT ANSWERS

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BLAW 3310 EXAM 2 UTA MILLER CH 6-11 QUESTIONS WITH CORRECT ANSWERS

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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A void contract is one that is no longer valid and will not hold up in a court.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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