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Law Review - Contracts(lenk)

Law Review - Contracts(lenk) - HA 387 Final Exam Notes...

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HA 387 – Final Exam Notes Contracts and Unions Law Review: Contracts & Unions List of Topics Contracts (K) Contracts need 4 Things 1. Offer 2. Acceptance 3. Consideration 4. “Meeting of the Minds” Defenses 1. Intoxication 2. Minor 3. Insanity 4. Mistake a. Mutual b. Unilateral 5. Parole of Evidence Rule 6. Statute of Frauds Promissory Estoppel 4-Part Test 1. Promise 2. Reasonable expect reliance 3. Reliance 4. Damage/detriment Damages different for K vs. P.E. Damages Actual loss only Duty to mitigate Specific performance Liquidated damages 2-Part Test 1. impasse to ascertain 2. reasonable estimate Miscellaneous agent can bind company employee handbook Hotel reservations Breach of fiduciary duty Injunctions Efficient breach Unions NRLA “concerted activity” “permanently replace” Handbilling okay if: 1. remote area, or 2. solicitation allowed Penalty for kicking union off Salting (protected activity) Mass ULPs 3 options management has: Voluntary recognition Neutrality Agreement Fight Elections Authorization cards Bargain units Bargain order Critical period Captive audiences Rides to voting booths Negotiating with union (good faith to impasse) 1. decision – must negotiate unless 1
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HA 387 – Final Exam Notes Contracts and Unions a. substantial change in business b. not based on union costs 2. effects – always negotiate T.I.P.S. CONTRACTS Contracts (K) need 4 things: 1. Offer – semantics and wording matter because you might think you have a deal but you may not Ex: “I’m offering $23 for seed” vs. “I’m asking $23” Offers remain open for a reasonable period of time unless it is explicitly stated in the contract how long it lasts o A jury decides what’s reasonable or not Counteroffer – considered to be a rejection to the initial offer; therefore, each counteroffer is a new offer 2. Acceptance o way in which you accept an offer needs to be in the way the offer was extended o “Mirror Image Rule” – can’t change the terms of the offer if you intend to accept it o must accept an offer within the stated time or reasonable time 3. Consideration - giving something up to which you are legally entitled for something else o both sides need to be giving up something o courts do not judge the adequacy of consideration in the real world today o Gift – no consideration because only one party is giving up something Contract = “Quit smoking and I’ll give you $500.” Gift = no contract = “You’re a good kid. I’ll give you $500.” 4. “Meeting of the Minds” (Mutual Assent) – when both parties come to an understanding on the terms of the deal o Whether or not there was a meeting of the minds is based on objective view o Manifest intentions only counts Defenses 1. Intoxication – contract is voidable by only the intoxicated person a. Court won’t find you to be intoxicated if you remember the conversation 2. Minor – Contract is voidable by minor only; adult can’t void a. Adult can attempt to get object back through contract (i.e., CD clubs) 2
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