UW MGMT 200 Final Review || 100% VERIFIED
ANSWERS.
stipulation correct answers where both parties agree to a version of at least some of the facts
before trial; saves time, arguments, research
Test for ineffective assistance of counsel correct answers 1. specific acts or omissions that
were outside of the bounds of competent assistance (negligence)
2. counsel's errors actually prejudiced the defendant to the point where he was denied a fair
trial
duty of confidentiality correct answers broader than attorney-client privilege, but also less
severe; protects any information that an attorney learns about his client from anyone; still
exists when other people are in the room
force majeure correct answers an act of god (unforeseeable occurrence) that invalidates a
contract, must be outside of the party's control
commercial impracticability correct answers when the supplier of an uncontracted good
cannot make the delivery/sale
duty to mitigate correct answers the idea that you have to try to limit your damages/costs
incurred when the other party breaches the contract
uniform commercial code correct answers uniform contract code to promote and maintain
interstate commerce; covers sales of goods, leases, commercial paper, and securities
contract correct answers a voluntary agreement or set of promises supported by consideration
that demonstrates the intent of the parties to be bound by the agreement
restitution correct answers payment to put the other party in the same position they were in
before the contract was formed
express correct answers A contract in which the terms of the agreement are fully and
explicitly stated in words, oral or written.
implied correct answers A contract formed in whole or in part from the conduct of the parties.
Based on conduct, tradition, or customs
quasi-contract correct answers court-imposed obligation to prevent unjust enrichment in the
absence of a contract; equitable doctrine where the court steps in and makes one party do
something for the other party, even when no actual contract existed
bilateral correct answers A type of contract that arises when a promise is given in exchange
for a return promise.
unilateral correct answers a contract where the offeror's offer can be accepted only by the
performance of an act by the offeree; not a contract until the offeree performs the requested
act, not revokable once offered
, ratification correct answers if you continue to operate along the terms of the contract after
you are considered competent, then you have validated the contract
offer correct answers the manifestation of willingness to enter into a bargain, so made as to
justify another person in understanding that his assent to that bargain is invited and will
conclude it
supervening illegality correct answers when a statute or regulation makes an existing offer
illegal
undue influence correct answers taking unfair advantage of a person and your relationship
with them
duress correct answers forcing someone to assent to terms through threat of physical force
fraud correct answers usually intentional but can also be negligent; misrepresentation of
material facts
mistake correct answers if it is mutual (both parties are wrong about a central assumption),
the contract is likely to be invalidated; if unilateral, the contract likely will not be void unless
the other party knew about the error and didn't do anything
promissory estoppel (detrimental reliance) correct answers an equitable doctrine that prevents
the withdrawal of a promise by a promisor if it will adversely affect a promisee who has
adjusted his or her position in justifiable reliance on the promise; promise for a gift can be
enforced if the offeree relied on the promise so much that they are actually harmed
Usury laws correct answers laws that impose an upper limit on the interest rate that lenders
can charge
hold harmless correct answers protects offeror from offeree's poor decision-making
exculpatory agreements correct answers like waivers but the focus is often of the offeror's
conduct
adhesion contract correct answers a contract which shocks the conscious by being extremely
one-sided, court will not enforce it
parole evidence rule correct answers excludes the possibility of the court using additional
evidence outside of the language of the contract to decide what is meant by a contract
executory correct answers a contract that has not been fully performed on either side
recission correct answers when the parties agree to drop the contract before it is fully
performed, both parties put in the position they were in before
discharging a contract correct answers contract ends when it has been executed, rights are
terminated
ANSWERS.
stipulation correct answers where both parties agree to a version of at least some of the facts
before trial; saves time, arguments, research
Test for ineffective assistance of counsel correct answers 1. specific acts or omissions that
were outside of the bounds of competent assistance (negligence)
2. counsel's errors actually prejudiced the defendant to the point where he was denied a fair
trial
duty of confidentiality correct answers broader than attorney-client privilege, but also less
severe; protects any information that an attorney learns about his client from anyone; still
exists when other people are in the room
force majeure correct answers an act of god (unforeseeable occurrence) that invalidates a
contract, must be outside of the party's control
commercial impracticability correct answers when the supplier of an uncontracted good
cannot make the delivery/sale
duty to mitigate correct answers the idea that you have to try to limit your damages/costs
incurred when the other party breaches the contract
uniform commercial code correct answers uniform contract code to promote and maintain
interstate commerce; covers sales of goods, leases, commercial paper, and securities
contract correct answers a voluntary agreement or set of promises supported by consideration
that demonstrates the intent of the parties to be bound by the agreement
restitution correct answers payment to put the other party in the same position they were in
before the contract was formed
express correct answers A contract in which the terms of the agreement are fully and
explicitly stated in words, oral or written.
implied correct answers A contract formed in whole or in part from the conduct of the parties.
Based on conduct, tradition, or customs
quasi-contract correct answers court-imposed obligation to prevent unjust enrichment in the
absence of a contract; equitable doctrine where the court steps in and makes one party do
something for the other party, even when no actual contract existed
bilateral correct answers A type of contract that arises when a promise is given in exchange
for a return promise.
unilateral correct answers a contract where the offeror's offer can be accepted only by the
performance of an act by the offeree; not a contract until the offeree performs the requested
act, not revokable once offered
, ratification correct answers if you continue to operate along the terms of the contract after
you are considered competent, then you have validated the contract
offer correct answers the manifestation of willingness to enter into a bargain, so made as to
justify another person in understanding that his assent to that bargain is invited and will
conclude it
supervening illegality correct answers when a statute or regulation makes an existing offer
illegal
undue influence correct answers taking unfair advantage of a person and your relationship
with them
duress correct answers forcing someone to assent to terms through threat of physical force
fraud correct answers usually intentional but can also be negligent; misrepresentation of
material facts
mistake correct answers if it is mutual (both parties are wrong about a central assumption),
the contract is likely to be invalidated; if unilateral, the contract likely will not be void unless
the other party knew about the error and didn't do anything
promissory estoppel (detrimental reliance) correct answers an equitable doctrine that prevents
the withdrawal of a promise by a promisor if it will adversely affect a promisee who has
adjusted his or her position in justifiable reliance on the promise; promise for a gift can be
enforced if the offeree relied on the promise so much that they are actually harmed
Usury laws correct answers laws that impose an upper limit on the interest rate that lenders
can charge
hold harmless correct answers protects offeror from offeree's poor decision-making
exculpatory agreements correct answers like waivers but the focus is often of the offeror's
conduct
adhesion contract correct answers a contract which shocks the conscious by being extremely
one-sided, court will not enforce it
parole evidence rule correct answers excludes the possibility of the court using additional
evidence outside of the language of the contract to decide what is meant by a contract
executory correct answers a contract that has not been fully performed on either side
recission correct answers when the parties agree to drop the contract before it is fully
performed, both parties put in the position they were in before
discharging a contract correct answers contract ends when it has been executed, rights are
terminated
