Law 3220 Final Exam - Clemson -
Schulze
______ evidence contradicting a written contract is only admissible to
show fraud, duress, or mistake in a contract. - ✔✔oral evidence
______ lawsuits outside of workers' compensation are generally not
allowed unless injured party can show:
-There was an intentional tort involved;
-Injury was caused by a defective product or toxic substance at work -
✔✔Tort lawsuits
_________ of Workers' Compensation:
-Provide income and benefits to injured workers,
-Reduces litigation, attorneys fees
-Encourages employers to keep a safe working environment -
✔✔benefits
___________ is presumed to have contractual capacity unless proven
otherwise. - ✔✔everyone
-Bargained for exchange between parties to a contract.
,-Anything of value is ___________ (e.g., money, goods, time, services)
given in exchange for performance. - ✔✔consideration
-Investor of cash, property, or services.
-Takes no part in management or control of LP.
-Not personally liable beyond their capital contribution (unless they
participate in control of the LP). - ✔✔limited partner
-Leads a 3rd Person to reasonably believe that the agent has authority
to act on behalf of Principal. If proven, Principal will be bound by
contracts negotiated between the Agent and 3rd person.
-Note: 3rd Person has a duty to reasonably inquire about the status of
an Agent's authority. - ✔✔apparent authority
-offers guidance for office holiday decorating:
--Each December, the president of XYZ corporation directs that several
wreaths be placed around the office building and a tree be displayed in
the lobby. Several employees complained that to accommodate their
non-Christian religious beliefs, the employer should take down the
wreaths and tree, or alternatively should add holiday decorations
associated with other religions.
--EEOC Response: XYZ corporation does not need to remove the
wreaths and tree or add holiday decorations associated with other
religions. The U.S. Supreme Court has held that wreaths and Christmas
trees are 'secular' symbols, akin to items such as lights, Santa Claus, and
reindeer, and thus government display of these items does not violate
,the First Amendment. - ✔✔Equal Employment Opportunity
Commission (EEOC)
("this for that") - Promise of a reward in exchange for sexual favors. -
✔✔quid pro quo
[Sherwood v. Walker]: Walker owned breeding cows (worth between
$750-$1,000) and barren cows (worth about $80). Sherwood inspected
an apparently barren cow and decided to buy her. A purchase
agreement and price set of 5.5 cents per pound was entered into, but
before the exchange of money and cow Walker found that Rose (the
cow) was pregnant and thus refused to part with her for the agreed
upon price. The court said that if both parties thought the cow was
barren, the contract was voidable (by the injured party) on grounds of
________ _______ - ✔✔mutual mistake
1 party is "forced" to sign a contract by another, with no viable options
available. - ✔✔duress
3 parties involved in agency relationship - ✔✔agent, principal, and 3rd
person
a contract is illegal when:
it is contrary to public policy
, Ex: An __________ clause within an employment contract releasing the
employer from any harm to the employee caused by the employer
while on the job. NOT a contract. - ✔✔exculpatory clause
a contract is illegal when:
it is contrary to public policy
Ex: An ___________ contract which provides that Rent-To-Ownership
Co. will charge 150% interest on all payments made by customers. NOT
a contract. - ✔✔unconscionable contract
a contract is illegal when:
its formation or performance is a _____ (civil wrong)
Ex: A written agreement between A & B where B will commit battery
against C in exchange for cash from A. NOT a contract. - ✔✔tort
a contract is illegal when:
its formation or performance is a _______
Ex: A written agreement between A & B where B will sell cocaine for A
in exchange for cash. NOT a contract. - ✔✔crime
A contract that states an employee can't leave and go into competition
against the employer or go to work for a competitor for a certain time
(generally 1 - 3 years). - ✔✔Noncompete Agreements
Schulze
______ evidence contradicting a written contract is only admissible to
show fraud, duress, or mistake in a contract. - ✔✔oral evidence
______ lawsuits outside of workers' compensation are generally not
allowed unless injured party can show:
-There was an intentional tort involved;
-Injury was caused by a defective product or toxic substance at work -
✔✔Tort lawsuits
_________ of Workers' Compensation:
-Provide income and benefits to injured workers,
-Reduces litigation, attorneys fees
-Encourages employers to keep a safe working environment -
✔✔benefits
___________ is presumed to have contractual capacity unless proven
otherwise. - ✔✔everyone
-Bargained for exchange between parties to a contract.
,-Anything of value is ___________ (e.g., money, goods, time, services)
given in exchange for performance. - ✔✔consideration
-Investor of cash, property, or services.
-Takes no part in management or control of LP.
-Not personally liable beyond their capital contribution (unless they
participate in control of the LP). - ✔✔limited partner
-Leads a 3rd Person to reasonably believe that the agent has authority
to act on behalf of Principal. If proven, Principal will be bound by
contracts negotiated between the Agent and 3rd person.
-Note: 3rd Person has a duty to reasonably inquire about the status of
an Agent's authority. - ✔✔apparent authority
-offers guidance for office holiday decorating:
--Each December, the president of XYZ corporation directs that several
wreaths be placed around the office building and a tree be displayed in
the lobby. Several employees complained that to accommodate their
non-Christian religious beliefs, the employer should take down the
wreaths and tree, or alternatively should add holiday decorations
associated with other religions.
--EEOC Response: XYZ corporation does not need to remove the
wreaths and tree or add holiday decorations associated with other
religions. The U.S. Supreme Court has held that wreaths and Christmas
trees are 'secular' symbols, akin to items such as lights, Santa Claus, and
reindeer, and thus government display of these items does not violate
,the First Amendment. - ✔✔Equal Employment Opportunity
Commission (EEOC)
("this for that") - Promise of a reward in exchange for sexual favors. -
✔✔quid pro quo
[Sherwood v. Walker]: Walker owned breeding cows (worth between
$750-$1,000) and barren cows (worth about $80). Sherwood inspected
an apparently barren cow and decided to buy her. A purchase
agreement and price set of 5.5 cents per pound was entered into, but
before the exchange of money and cow Walker found that Rose (the
cow) was pregnant and thus refused to part with her for the agreed
upon price. The court said that if both parties thought the cow was
barren, the contract was voidable (by the injured party) on grounds of
________ _______ - ✔✔mutual mistake
1 party is "forced" to sign a contract by another, with no viable options
available. - ✔✔duress
3 parties involved in agency relationship - ✔✔agent, principal, and 3rd
person
a contract is illegal when:
it is contrary to public policy
, Ex: An __________ clause within an employment contract releasing the
employer from any harm to the employee caused by the employer
while on the job. NOT a contract. - ✔✔exculpatory clause
a contract is illegal when:
it is contrary to public policy
Ex: An ___________ contract which provides that Rent-To-Ownership
Co. will charge 150% interest on all payments made by customers. NOT
a contract. - ✔✔unconscionable contract
a contract is illegal when:
its formation or performance is a _____ (civil wrong)
Ex: A written agreement between A & B where B will commit battery
against C in exchange for cash from A. NOT a contract. - ✔✔tort
a contract is illegal when:
its formation or performance is a _______
Ex: A written agreement between A & B where B will sell cocaine for A
in exchange for cash. NOT a contract. - ✔✔crime
A contract that states an employee can't leave and go into competition
against the employer or go to work for a competitor for a certain time
(generally 1 - 3 years). - ✔✔Noncompete Agreements
