BLawFinal

BLawFinal - Chapters 1, 3, 4, 6, 9, 10, 13 Equitable remedy...

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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 party 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
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Express Authority- Conduct of a principal that, reasonably interpreted, causes the agent to believe that the principal desires him to do a specific act. Apparent Authority- A situation in which conduct of a principal causes a third party to believe that the principal consents to have an act done on his behalf by a person purporting to act for him when, in fact, that person is not acting for the principal. Case Precedent-An ealier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case Promise to Pay Debt of Another-must be in writing, also known as collateral promise Criminal vs. Tort- a crime is breaking rules that permit a government to punish certain behavior by fine or imprisonment. A tort is a civil wrong, committed in violation of a duty that the law imposes Res Ipsa Loquitur- “the thing speaks for itself”; the facts imply that the defendant’s
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This note was uploaded on 04/14/2008 for the course MANA 20153 taught by Professor Michael during the Spring '08 term at TCU.

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BLawFinal - Chapters 1, 3, 4, 6, 9, 10, 13 Equitable remedy...

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