bsl study guide for final

bsl study guide for final - A. B. C. D. E. A. A. B. C. D....

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Chapter 3 A. Exclusive Federal Jurisdiction- Patents, Bankruptcy, Federal Criminal Prosecutions, Admiralty, Copyright… B. Concurrent federal Jurisdiction a. Federal Question- ? That arises under the Constitution. Federal Statutes, Treaties etc. b. Diversity Jurisdiction- i. Over $75,000 in controversy ii. Diversity of citizenship C. Exclusive State Jurisdiction- D. Personal Jurisdiction- if defendant is resident of the state, is temporarily located in the state, or defendant consents. E. Long Arm Statute- (Non resident defendants) did defendant enter into a K in the state, transacted business, committed a tort, or owns property. a. Minimum Contacts- was it foreseeable that to the defendant that they would be sued there. b. Must have both to apply. Chapter 9 A. Quasi Contract- 3 elements a. Plaintiff confers a benefit upon defendant. b. Defendant appreciates or knowingly permits the benefit to be conferred. c. It is unjust not to compensate plaintiff. Chapter 10 A. Essentials of an offer. a. Must be communicated to the offeree b. Manifest intent to enter into a K. c. Be sufficiently definite and certain. B. Option Contract- a contract by which the offeror is bound to hold open an offer for a specified period of time. It includes consideration. C. Firm Offer- a merchant is bound to keep an offer to buy or sell goods open for a stated period of time, not exceeding 3 months, if the merchant gives assurance by signed writing. (Doesn’t include consideration). a. Merchant- a person who deals with certain goods or has knowledge of certain goods or employs an agent who is familiar with the goods. D. Acceptance- Effective upon dispatch if reasonable means are used. a. Reasonable means- as fast or as reliable as the way the offer was transmitted. b. When using unauthorized means acceptance is effective upon receipt. However if the acceptance is received in the same time that reasonable means would have been used then it is effective upon dispatch. E. Rejection, Counteroffer, Revocation- Effective upon receipt. F. Acceptance following a prior rejection- whichever is received first is effective. Chapter 11 A. Innocent Misrepresentation (Voidable) a. Untrue assertion of fact. b. Statement is material
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i. Material- is likely to induce the reasonable person to manifest assent or if the maker knows something that would likely induce the recipient to manifest assent. c. Reliance on untrue assertion d. Reliance is justified B. Fraudulent Misrepresentation (Voidable) a. Untrue assertion of fact. b. Statement is material i. Material- is likely to induce the reasonable person to manifest assent or if the maker knows something that would likely induce the recipient to manifest assent. c.
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This note was uploaded on 04/07/2008 for the course BSL 212 taught by Professor Guzzi during the Fall '07 term at University of Miami.

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bsl study guide for final - A. B. C. D. E. A. A. B. C. D....

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