meets requirements of exhaustion doctrine and have standing. also need to have
violated 1 or more of:
-authority exceeded: a challenge to an agency action may be upheld by a court
where the plaintiff is successful in showing that the agency's action exceeded the
authority granted to in the enabling statute
-incorrect statutory interpretation: a challenge may succeed where an agency did not
properly interpret statutory law
-procedural errors: the agency failed to follow the procedural requirements, usually
found in the APA
-constitutional impediments: agency action will be struck if constitutional rights were
infringed upon or other aspects of the constitutions were not followed.
-Arbitrary and capricious decision: while discretion ill be granted to the agency, the
agency's decision will be invalid id the factual or legal determinations appear to be
groundless.
Give this one a try later!
judicial review
,the highest-order obligations, in which the welfare and interests of the party to whom
the duties are owed become the sole guiding criterion. a position of trust and
confidence in relation to a person or his/her property
owed by agent to principal:
-Obedience: follow the principal's instructions scrupulously
-notification: you must notify the principal of material facts
-loyalty: you must act solely for the benefit of principal, and may never use
information or resources accessed by the agency for other benefit
-Accounting: keep and make available records of all receipts/costs
-performance: use your own reasonable diligence and skill in the work
owed by principal to agent:
-Compensation/reimbursement: payment for services, as agreed, and/or for expenses
incurred by agent from the agency
-Indemnification: "to save harmless" legal liability that comes from agent's following
instructions of the principal and not the agent's own negligence or fault, the principal
will cover agent's losses. one person agreeing to protect another against loss
-Cooperation: the principal must act reasonably to facilitate the agent's success at the
agency
Give this one a try later!
fiduciary duties
-material alteration of the contract: discourages "after the fact fiddling" entitles other
party to immediate discharge (e.g. on price term, quantity)
-statutes of limitations: NC= 3 years on both written and oral contracts
-bankruptcy: creditors receive partial payment where possible, by order of the court.
otherwise, debt is completely discharged.
-frustration of purpose: events occurring after K destroy a party's purpose in entering
the agreement; performance still possible, but futile. (ex. P sues D for nonpayment of
rent for (steep) two-day rental of apartment. D didn't show and refused payment
because rental was to watch coronation of King Edward VII. coronation was
cancelled due to Edward's illness.
,-impossibility: the K becomes literally impossible for anyone to perform, not just
obligor's desire not to do so. (ex. destruction of subject matter, supervening illegality,
death of key figure in personal services K) (ex. i buy your horse Whinney for 100,000.
day before delivery, Whinney dies.)
Give this one a try later!
discharge by operation of law
an exception to at-will employment that occurs when the employer acts in such a
manner that an implied contract to terminate only for good cause is formed.
Give this one a try later!
good cause exception
Marty is a graduating college senior who responds to a marketing email from
Chargycard to "get the credit you deserve-now!" by opening a Chargycard account.
when the card comes, he celebrates by charging a $20 gas purchase and $100 of
groceries to the account. he forgets to make the first payment online until the day it's
due, however, which is credited to his account the next business day as per the terms
of the agreement. he then receives a notice from Chargycard closing the account and
demanding full and immediate payment on it in the amount of $1096.37-representing
the company's contractual right to declare default if a payment is 1 second late, and
calculated on the basis of the 4028% annual percentage rate and penalties (this was
all in very small print buried in the 20-page agreement, right before the big signature
line for excited college students without credit to sign. he had no problem finding
that) if marty wishes to seek relief from this contract, his best strategy is to sue on
ground of:
A. economic need
B. false representation
C. Adhesion
D. Bilateral mistake of fact
, E. Unilateral mistake of fact
F. Unilateral mistake of value
Give this one a try later!
C. Adhesion
an agent with a limited amount of authority who usually has instructions to accomplish
one specific task
Give this one a try later!
special agent
until the performance required in a contract is completed, it is said to be executory as
to that part not performed.
Give this one a try later!
executory contract
Barbra, the CEO of Acme, inc. has a handful of problems on her hands this morning,
which of them below represent an anticipatory repudiation problem with a contract?
A. Contractor James indicates that he can't finish his job for Acme by wednesday night,
as promised; he'll need to do some finishing work on thursday morning for a couple
of hours.
B. supplier wholeparts informs barbra that they thought they had more widgets than
they actually did when they signed the widget contract with acme last week. they
have just sold their remaining inventory for the month, and will be unable to deliver
violated 1 or more of:
-authority exceeded: a challenge to an agency action may be upheld by a court
where the plaintiff is successful in showing that the agency's action exceeded the
authority granted to in the enabling statute
-incorrect statutory interpretation: a challenge may succeed where an agency did not
properly interpret statutory law
-procedural errors: the agency failed to follow the procedural requirements, usually
found in the APA
-constitutional impediments: agency action will be struck if constitutional rights were
infringed upon or other aspects of the constitutions were not followed.
-Arbitrary and capricious decision: while discretion ill be granted to the agency, the
agency's decision will be invalid id the factual or legal determinations appear to be
groundless.
Give this one a try later!
judicial review
,the highest-order obligations, in which the welfare and interests of the party to whom
the duties are owed become the sole guiding criterion. a position of trust and
confidence in relation to a person or his/her property
owed by agent to principal:
-Obedience: follow the principal's instructions scrupulously
-notification: you must notify the principal of material facts
-loyalty: you must act solely for the benefit of principal, and may never use
information or resources accessed by the agency for other benefit
-Accounting: keep and make available records of all receipts/costs
-performance: use your own reasonable diligence and skill in the work
owed by principal to agent:
-Compensation/reimbursement: payment for services, as agreed, and/or for expenses
incurred by agent from the agency
-Indemnification: "to save harmless" legal liability that comes from agent's following
instructions of the principal and not the agent's own negligence or fault, the principal
will cover agent's losses. one person agreeing to protect another against loss
-Cooperation: the principal must act reasonably to facilitate the agent's success at the
agency
Give this one a try later!
fiduciary duties
-material alteration of the contract: discourages "after the fact fiddling" entitles other
party to immediate discharge (e.g. on price term, quantity)
-statutes of limitations: NC= 3 years on both written and oral contracts
-bankruptcy: creditors receive partial payment where possible, by order of the court.
otherwise, debt is completely discharged.
-frustration of purpose: events occurring after K destroy a party's purpose in entering
the agreement; performance still possible, but futile. (ex. P sues D for nonpayment of
rent for (steep) two-day rental of apartment. D didn't show and refused payment
because rental was to watch coronation of King Edward VII. coronation was
cancelled due to Edward's illness.
,-impossibility: the K becomes literally impossible for anyone to perform, not just
obligor's desire not to do so. (ex. destruction of subject matter, supervening illegality,
death of key figure in personal services K) (ex. i buy your horse Whinney for 100,000.
day before delivery, Whinney dies.)
Give this one a try later!
discharge by operation of law
an exception to at-will employment that occurs when the employer acts in such a
manner that an implied contract to terminate only for good cause is formed.
Give this one a try later!
good cause exception
Marty is a graduating college senior who responds to a marketing email from
Chargycard to "get the credit you deserve-now!" by opening a Chargycard account.
when the card comes, he celebrates by charging a $20 gas purchase and $100 of
groceries to the account. he forgets to make the first payment online until the day it's
due, however, which is credited to his account the next business day as per the terms
of the agreement. he then receives a notice from Chargycard closing the account and
demanding full and immediate payment on it in the amount of $1096.37-representing
the company's contractual right to declare default if a payment is 1 second late, and
calculated on the basis of the 4028% annual percentage rate and penalties (this was
all in very small print buried in the 20-page agreement, right before the big signature
line for excited college students without credit to sign. he had no problem finding
that) if marty wishes to seek relief from this contract, his best strategy is to sue on
ground of:
A. economic need
B. false representation
C. Adhesion
D. Bilateral mistake of fact
, E. Unilateral mistake of fact
F. Unilateral mistake of value
Give this one a try later!
C. Adhesion
an agent with a limited amount of authority who usually has instructions to accomplish
one specific task
Give this one a try later!
special agent
until the performance required in a contract is completed, it is said to be executory as
to that part not performed.
Give this one a try later!
executory contract
Barbra, the CEO of Acme, inc. has a handful of problems on her hands this morning,
which of them below represent an anticipatory repudiation problem with a contract?
A. Contractor James indicates that he can't finish his job for Acme by wednesday night,
as promised; he'll need to do some finishing work on thursday morning for a couple
of hours.
B. supplier wholeparts informs barbra that they thought they had more widgets than
they actually did when they signed the widget contract with acme last week. they
have just sold their remaining inventory for the month, and will be unable to deliver
