Ii found under article 2 of the ucc d express

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c.ii) Found under Article 2 of the UCC d) Express Warranties – representations concerning quality, condition, description and performance potential of goods, the description on its packaging must represent the product. d.i)3 Types (d.i.1) Affirmation of promise of fact about the goods (d.i.2) Description of the goods (d.i.3) Referencing a sample or model e) Implied Warranty - include Warranty of merchantability and Warranty of fitness f) Other Uniform Laws f.i) Model Business Corporation Act f.ii)Uniform Partnership Act of 1914 (superseded by same act of 1984) 14) Substantive Law – defines the legal rights and obligations in regard to a specific subject a) Example: crimes, contracts 15) Procedural Law – is concerned with enforcement of substantive law in a court of law a) Defines how the courts operate a.i) Such as rules on how lawsuits can be initiated a.ii) Types of witnesses that are allowed a.iii) All procedure associated with obtaining substantive rights 16) Public Law – includes the constitution, administrative and criminal law and concerns relations between citizens and the government 17) Crime – a public wrong against society, the state is plaintiff, injured is a witness to case a) Based on statutory law enacted by a legislature 18) Private law concerns individual relationships with another individual. a) Includes tort law and contract law 19) Tort – a private wrong against a specific person or group of persons a) Based on common law
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BUSINESS LAW - CLEP b) Based on custom and precedent rather than written code 20) Tort Action – action brought to court by an individual or a business 21) Tort Law – also known as law of private injury , concerns work-related injuries, customer product injuries, damage to a person’s reputation, etc. a) Torts can be intentional or out of negligence a.i) Many can also be classified as a crime (a.i.1) Could face a criminal trial – to serve jail time for crime (a.i.2) Tort trial – to pay for damages 22) Intentional Tort – to qualify as intentional tort there must be intended acts not necessarily harmful a) a person engages in outrageous conduct causing emotional distress (telling a person a lie about their daughter being hit by a car) a.i) False Imprisonment or arrest– holding someone against their will a.ii) Invasion of privacy a.iii) Defamation of character a.iv) Trespass – unauthorized entry onto a person’s land a.v) Battery – defined as an unauthorized, offensive physical contact with another person 23) Torts of Negligence – 4 things to prove: a) Duty “reasonable man” standard . Did he do something that a reasonable person would do in same situation b) Breach of duty – defendant had a duty or responsibility and failed to fulfill duty c) Proximate cause (not strict cause) d) Actual injury or damage – causation in fact – the wrongdoing was the responsible for the damage d.i)Was the injury natural cause Or probable cause of wrongful act d.ii) Damage occurred from wrongful act 24) Res Ipsa loquitur
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