Chapters 1, 3, 4, 6, 9, 10, 13
Equitable remedy w/ a jury-In some cases, something more than money is needed, such
as an order to transfer property to the injured party (specific performance) or an order
forcing one party to stop doing something (an injunction).
FOIA (Freedom of Information Act)- Congress passed in 1966.
It is designed to give
citizens, businesses and organizations alike, access to the information that the federal
agencies are using.
The idea is to avoid government by secrecy.
Anybody is able to
obtain information about themselves.
Conflict of Interest-Unless otherwise agreed, an agent may not act on the behalf of two
principals who’s interest conflict.
Agency Relationship-A principal and an agent who mutually consent that the agent will
act on the behalf of the principal and be subject to the principal’s control thereby creating
a fiduciary relationship
Voidable Contract-An agreement that, because of some defect, may be terminated by one
party, such as a minor, but not by both parties
Third Party Beneficiary-Someone who was not a party to the contract but who stands to
benefit from it
Integrated Contract- An integrated contract is a writing that the parties intend as the final,
complete expression of their agreement.
Consequential Damages-Those resulting from the unique circumstances of this injured
Mailbox Rule- Old Common Law of Contracts.
Whether or not acceptance has taken
place. An offer only takes place when it’s received by the offeree.
The acceptance takes
place on dispatch if the same method of delivery is used.
Common Law Of Contracts- Created by Judicial Activism, includes Promissory Estoppel,
Quasi-Contracts, UCC, and Restatement (Second) of Contracts.
UCC Contracts-(Uniform Commercial Code)pg. 297 if you’re interested
Implied Authority- When a principal directs an agent to undertake a transaction, the agent
has the right to do acts that are incidental to it, usually accompany it, or are reasonably
necessary to accomplish it