Brainarium

executed contracts - ️️when all of the parties have fully performed their contractual duties until such duties have been fully performed Relationship of the UCC and the Common Law of Contracts - ️️code does not change all of the traditional contract rules. courts have demonstrated a signifigant tendency to apply code contract concepts by analogy to some contracts that are not technically governed by article 2 express contracts - ️️parties have directly stated in terms of their ...

injunction (equitable remedy) - ️️-when a court orders someone to do something or to stop doing something. This can be invoked even when a breach has merely been threated and it has not yet occurred. Or it can be ordered or issues after breach has occurred. -Only available when the breach is likely to cause irreparable injury -Only available when the breach or threat of breach is likely to cause irreparable harm what does it mean when contractual obligations are unconditional? - ️️...

Federal Court of Appeals - ️️Circuit courts that hear appeals from the district courts within their respective federal judicial circuit and are considered to be very powerful and influential in their own right. 1-11 are for their respective states, the 12th is DC circuit court of appeals, and the 13th is the Federal circuit (hears appeals from specialized federal courts). Functions of Law - ️️1. Peace keeping 2. Control government power 3. Promoting people's reasonable expectat...

Substantial performance standard - ️️slightly lower standard applied to duties that are difficult to perform without some deviation from perfection in minor respects -service contracts 4 excuses of conditions - ️️-party being benefited from condition has prevented/hindered it from occurring -waiver (automatically give up right to condition occurring) -estoppel (when you've relied on my waiver/representation I am estopped from asserting the condition) -performance of condition ...

lumber for 32 houses, the lumber mill which Good pine used to produce all its lumber and the lumber designated for Harry was struck by lightning and burned down. - ️️A. Good Pine may cease performing the contract on the basis of impossibly because the subject matter of the contract was destroyed. An agent may lawfully conceal the _____________ of the principal - ️️D. Both a and b: a. existence b. identity Turgeon and Durkin, impoverished employees of the University of Maryland, d...

Trial courts - ️️Where most cases get started in the state court system. Differ from courts of limited jurisdiction in 2 important ways: -No limit to what they can hear -Is a court of record. Typically every county in each state has one of these courts, and may be called circuit, county or superior courts. May have criminal vs. civil distinctions however. In Personam - ️️Against a person. A legal proceeding instituted to obtain decrees or judgments against a defendant, either a pe...

Requirements of an offer - ️️First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. Freedo elements of a contract - ️️made up of an offer and an acceptance of that offer. In addition, there usually must be consideration to support each party's promise. The...

Illusory Promises - ️️For a promise to serve as consideration in a bilateral contract, the promisee must have promised to do, or to refrain from doing, something a the promisor's request. Illusory if it does not bind the promisee to do or refrain from doing anything such a promise could not serve as consideration. What if a promisor did not ask for anything in exchange for making her promise or if the promisor asked for something that does not have legal value? Is the promise enfor...

Ancillary Covenant Not to Compete - ️️a promise that is ancillary to (part of) a valid contract whereby one party to a contract agrees not to compete with the other party for a specified time and within a specified location. aka, non-competition clause Public Policy - ️️widely shared view about ideas, interests, institutions, or freedoms to promote pubic welfare *changes over time, rarely absolute* Illegal Agreement - ️️i. violates statutes ii. violate public policy determined...

First amendment rights for businesses - ️️The same basic first amendment rights that individuals do, so noncommercial speech gets the same protections. Complications begin with advertising. If the advertising is misleading, there is no protection and it can be banned by the federal government. Decided by the FTC. If it deals with unlawful activity, it gets no protections either. If it isn't either, can the Government still regulate it? Yes, three part test (must prove all 3) 1. The...

Requirements for Promissory Estoppel - ️️There is a promise that the promisor should foresee is likely to induce reliance Actual reliance on the promise by the promisee Injustice occurs as a result of the reliance Offer Requirements - ️️Present intent Specificity of terms Communication of offer to offeree Elements of a Contract - ️️Offer Acceptance Consideration Capacity Legality Bodies of Contract Law - ️️Common law Uniform Commercial Code (UCC) Contract - ️️A ...

Law of Equity - ️️A system of deciding cases in which judges use their wisdom and experience to determine the fairest course of action for not only the parties involved but also society as a whole. makes sure people don't take advantage of laws legal reasoning - ️️The process of reasoning by which a judge harmonizes his or her decision with the judicial decisions of previous cases. Persuasive Authority - ️️Any legal authority or source of law that a court may look to for gui...

chapter 6 - intentional torts (invasion of privacy torts) False Light Publicity - ️️publicity that places someone in a false light if a reasonable person would find that highly offensive would bring about liability - Liability would require an unreasonable and highly objectionable publicity - Attributing characteristics to a person that is not true - Truth IS a defense trespass example - ️️physically entering someone's land, causing someone else to enter the land, staying on th...

You've been given a green urine specimen with a strong foul odor of ammonia. 1. What could be the cause? 2. What urine results would you expect to be abnormal? - ️️1. Bacterial proliferation in old specimen 2. Elevated nitrites, decreased bilirubin & urobilinogen, increased pH What are the benefits of automated urinalysis - ️️increased turn around time; consistency in resulting; decreased specimen handling Urochrome is a pigment that - ️️is lipid soluble; is excreted in uri...

A cause of FALSE-POSITIVE result in the rapid plasma reagin (RPR) test for syphilis is: - ️️Infectious mononucleosis The RPR test show false positive in the absence of syphilis if infectious mononucleosis, SLE, antiphospholipid syndrome, Hep A, leprosy, or malaria are present. The RPR test results may also be positive due to other treponemal diseases such as pinta and yaws. Twelve weeks after onset of this disease, patients with uncomplicated acute Hep B usually will demonstrate which ...

What can the nurse do to evaluate a pt's response to continuous oxygen therapy delivered at 4L/min by nasal cannula? a. Regularly measure and trend the pt's pulse oximetry (SpO2) values b. Evaluate venous blood levels every morning c. Monitor the pt's arterial blood gas (ABG) levels hourly d. Assess the pt for compliance with the prescribed therapy - ️️Regularly measure and trend the pt's pulse oximetry (SpO2) values What would be the nurse's priority in order to minimi...

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Improvement - ️️any artificial thing attached on or below ground, such as a building, fence, water line or sewer pipe, as well as growing things that are made part of the landscaping. Agency coupled with an interest - ️️Broker agrees to provide financing for condo being constructed with exclusive right to sell the units Special Purpose Real Estate - ️️churches, schools, cemeteries, and governmentheld lands Propriety lease - ️️the lease given to shareholders in a cooperative...

All of the following are prohibited under the antitrust laws EXCEPT -Competing property management companies agreeing to standardized management fees -competing brokers allocating markets based on the value of homes -a broker's setting a company commission schedule -real estate companies agreeing NOT to cooperate with a broker because of the fees that broker charges - ️️a broker's setting a company commission schedule A rancher owns a parcel of land on which oil was discovered. ...