Terms in this set (178)
- Include any word or conduct that causes the innocent person to reach an
erroneous conclusion of fact.
- Must be a statement of fact: age of a horse, the number of acres in a tract
of land, and the net profit made by a business during a given year.
- Must be material (important)
- Usually statements as to what will happen in the future are not statements
1) Element of Fraud: of fact.
Misrepresentation of material fact - Statements of opinion, like predictions are also not statements of fact.
- The innocent party must prove that the person making the statement knew,
or should have known, that is was false at the time it was made.
- Also met if a person makes a state "with reckless disregard for the truth,"
even if the declarant did not actually know it was false.
- If all the elements of fraud are present in a particular case, expect that the
2) Element of Fraud: Intent to person making the misstatement honesty (and reasonably) believed the
Deceive statement to be true, that person is guilty of innocent misrepresentation
rather than fraud.
, - Innocent party shows that they suffered an injury, usually economic loss,
as a result of the misrepresentation.
4) Element of Fraud: Injury - In most cases, proof of injury is the easiest of the fraud elements to prove.
Duty
Breach
4 parts of negligence Causation
Damages
An acceptance (1) must demonstrate a definite, present intent to accept the
offer, (2) must be unconditional and not add any terms that are additional to
or different from those of the offer, and (3) must be legally communicated
to the offeror or to the offerers agent
Acceptance As a general rule, there is no duty on the offeree to reply to an offer.
An Act for the Prevention of Frauds Statute of Frauds: Requires certain types of contracts to be in writing in
order to be enforceable.
and Perjuries
- Adhesion contracts ( as opposed to negotiated or "dickered" contracts) are
formed where one party usually having greater bargaining power than the
other- prepares the terms of a proposed contract and presents it to the other
party on a take it or leave it basis.
- Ex: apartment leases, hospital admission forms, and sales of new car
dealers
- Such contracts are generally enforceable unless the terms are so
Adhesion Contracts shockingly one sided as to be, in the opinion of the courts,
, Advertisements are usually considered to be preliminary negotiations
(invitations) rather than offered to sell.
The historical rationale for this rule is based (1) on the fact that most
advertisements are silent on other material matters, such as the available
quantity and credit terms, (2) on the traditional principle that sellers of
goods have the right to choose the parties with whom they deal, and (3) on
the fact that a merchandiser cannot exactly predict the volume of responses
from customers.
Important expectations: an offer for specific items to a specific number of
people; an item listed at a specific price and stating "first come first serve";
rewards.
Advertisements
Important Considerations: an offer for a specific items to a specific number
of people; an item at a specific price an estate first come first serve rewards.
This does not work for businesses acting in "bad faith"
If Sue is carefully driving down the street and is hit by a car that runs a red
light, and if as a result Sue's car is pushed into a pedestrian, Sue has not
committed assault or battery. Although the pedestrian has been made
apprehensive (assuming she saw the accident as it happened) and has
endured harmful contact, Sue committed no affirmative act that caused the
injuries. Now, if while driving down the street, Sue spotted an enemy and
Affirmative conduct deliberately ran into that person in a crosswalk, she would have committed
an assault and battery.
, - The principal is the person who wishes to accomplish something, and the
agent is the one employed to act on the principal's behalf to achieve it.
Agent vs Principal - Agent must be 18, sober, and sane
Authority that is only apparent, not real. An agent's apparent authority
arises when the principal causes a third party to believe that the agent has
Apparent Authority authority, even though she or he does not.
When a victim believes they are about to be the victim of battery (imminent
apprehension)
Assault ex:
- pointing a gun at someone
Bargained for Exchange consideration
Harmful or offensive or unwanted physical contact, but must be intentional
ex:
- punching someone
- shooting someone
Battery - spitting on someone
- hitting someone with a car
- promise in exchange for another promise
- Most contracts are bilateral
- Include any word or conduct that causes the innocent person to reach an
erroneous conclusion of fact.
- Must be a statement of fact: age of a horse, the number of acres in a tract
of land, and the net profit made by a business during a given year.
- Must be material (important)
- Usually statements as to what will happen in the future are not statements
1) Element of Fraud: of fact.
Misrepresentation of material fact - Statements of opinion, like predictions are also not statements of fact.
- The innocent party must prove that the person making the statement knew,
or should have known, that is was false at the time it was made.
- Also met if a person makes a state "with reckless disregard for the truth,"
even if the declarant did not actually know it was false.
- If all the elements of fraud are present in a particular case, expect that the
2) Element of Fraud: Intent to person making the misstatement honesty (and reasonably) believed the
Deceive statement to be true, that person is guilty of innocent misrepresentation
rather than fraud.
, - Innocent party shows that they suffered an injury, usually economic loss,
as a result of the misrepresentation.
4) Element of Fraud: Injury - In most cases, proof of injury is the easiest of the fraud elements to prove.
Duty
Breach
4 parts of negligence Causation
Damages
An acceptance (1) must demonstrate a definite, present intent to accept the
offer, (2) must be unconditional and not add any terms that are additional to
or different from those of the offer, and (3) must be legally communicated
to the offeror or to the offerers agent
Acceptance As a general rule, there is no duty on the offeree to reply to an offer.
An Act for the Prevention of Frauds Statute of Frauds: Requires certain types of contracts to be in writing in
order to be enforceable.
and Perjuries
- Adhesion contracts ( as opposed to negotiated or "dickered" contracts) are
formed where one party usually having greater bargaining power than the
other- prepares the terms of a proposed contract and presents it to the other
party on a take it or leave it basis.
- Ex: apartment leases, hospital admission forms, and sales of new car
dealers
- Such contracts are generally enforceable unless the terms are so
Adhesion Contracts shockingly one sided as to be, in the opinion of the courts,
, Advertisements are usually considered to be preliminary negotiations
(invitations) rather than offered to sell.
The historical rationale for this rule is based (1) on the fact that most
advertisements are silent on other material matters, such as the available
quantity and credit terms, (2) on the traditional principle that sellers of
goods have the right to choose the parties with whom they deal, and (3) on
the fact that a merchandiser cannot exactly predict the volume of responses
from customers.
Important expectations: an offer for specific items to a specific number of
people; an item listed at a specific price and stating "first come first serve";
rewards.
Advertisements
Important Considerations: an offer for a specific items to a specific number
of people; an item at a specific price an estate first come first serve rewards.
This does not work for businesses acting in "bad faith"
If Sue is carefully driving down the street and is hit by a car that runs a red
light, and if as a result Sue's car is pushed into a pedestrian, Sue has not
committed assault or battery. Although the pedestrian has been made
apprehensive (assuming she saw the accident as it happened) and has
endured harmful contact, Sue committed no affirmative act that caused the
injuries. Now, if while driving down the street, Sue spotted an enemy and
Affirmative conduct deliberately ran into that person in a crosswalk, she would have committed
an assault and battery.
, - The principal is the person who wishes to accomplish something, and the
agent is the one employed to act on the principal's behalf to achieve it.
Agent vs Principal - Agent must be 18, sober, and sane
Authority that is only apparent, not real. An agent's apparent authority
arises when the principal causes a third party to believe that the agent has
Apparent Authority authority, even though she or he does not.
When a victim believes they are about to be the victim of battery (imminent
apprehension)
Assault ex:
- pointing a gun at someone
Bargained for Exchange consideration
Harmful or offensive or unwanted physical contact, but must be intentional
ex:
- punching someone
- shooting someone
Battery - spitting on someone
- hitting someone with a car
- promise in exchange for another promise
- Most contracts are bilateral
