Cours 1.odt - Management 108 Business Law The 3 areas of...

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Management 108 : Business Law 04/01/2016 The 3 areas of Law : Criminal → enforced by the government → not consented to. Torts → between two private parties, not enforced by government → not consented to Contracts → Law of privaties and of deals, enforced by private parties, not by the government → it's entirely consensual. The contracts law cover two different basic areas. First of all, the Common Law , which is a set of principles that rule the USA, with though some differences among the 50 states. The other part is the Uniform Commercial Code , called UCC . How does a basic trial work ? Before any trial, in a contracts problem, there's what's called a pretrial discovery , where both parts want to know what the other is going to say or do. It's composed of a (written) interrogatory , and an (oral) deposition . It takes place in an office, not in the court. It spares the judge's time. However, it's a critical part of the trial, the very begining of it ; hence some trials last up to several years, both parts have to be very carefull in what they're gonna say in this discovery, since it can be used by the other part at the end of the trial. No exageration or lies. Then, there's the fact stipulation , where parts agree to focus on the parts where they disagree, in order ro evacuate all the things that or not a problem in the contract. Then, there's the motion for summary judgement , where each part aknowledges that what's in the allegations against it are true. After this, the plaintiff (plaignant), if there's still against the other part, starts the trial and complains. At the end, just before the defendant talks, there's a motion of directed verdict (the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary.) Offer and Acceptance (Offerer vs. Offeree) : To start an offer, any communication, written or oral, is fine. But, it requires reasonnably definite terms (item, price, quantity). It must not being express out of anger , and there has to be an intent of selling (no jokes etc..).
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