Chapter 9 Outline: Negligence, Strict & Product Liability:
- An unintentional Tort, because it is harm that arises because of an accident.
Duty of Care:
- We all have a duty to behave as a reasonable person would under the circum
UCC Governs contracts for sale of goods.
UCC 2 preempts common law in sale of goods and
modifies common law of contracts in some areas.
Single Integrated Framework for Commercial
UCC Art. 2: Goods.
UCC Art. 3: Negotiable Instrum
Exam #1 Study Guide
Definition of Quality:
Transcendent Perspective: excellence
Product Perspective: quantities of product attributes
User Perspective: fitness for intended use
Value Perspective: quality vs. price
Group Project Part 1 Requirements
1. Part 1 is an industry (external) analysis. It does not matter which company you chose. What
matters is the industry in which your company lies. For those who chose the computer industry,
you need to analyze the compute
February 7, 2014
Life Goes On
It is impossible for all of us to avoid unexpected emergencies, which might lead
to serious tragedies in our life, because life itself is unpredictable and is full of
challenges for us to confront. T
Chapter Outline: 7; Crimes
Civil Law: Involves the rights and liabilities that exist between private parties
Criminal Law: Involves breaking a law that has been set by a statute
Prosecution: Only the gov. can prosecute and punish a criminal
Chapter 8: Outlines
Parties agree on
Civil law imposes
contract, creates duties duties of conduct on all
for both parties.
Money damages for
Money damages for
Chapter 6 Outline: Dispute Resolution
Three Fundamental Areas of Law: 6.1
Litigation vs. ADR:
- Litigation refers to lawsuits, the process of filling claims in court, and ultimately going to trial.
- ADR (Alternative Dispute Resolution) is any other forma
Tarasoff (Plaintiff) V Regents of the University of California (Defendant):
Prosenjit Poddar killed Tatiana Tarasoff.
Tatianas parents claim that two months earlier, Poddar confided in the school
Psychologist about his intentions for Tatiana.
Chapter 4: Outline
Common Law, Statutory Law, and Administrative Law
Common Law: 4.1
- Meaning Let the Decision Stand. Once a court has decided on an issue, it will generally
apply the same rule in similar cases in the future, Precedent.
Kuehn (Plaintiff) Vs Pub Zone (Defendant): Chapter 1
Pub Zone (A bar) is often frequented by violent gangs wearing their colors.
Owners knew that the gangs often attack people for no reason.
Owner put up sign prohibiting any gangs wearing their col
Chapter 18: Performance, Breach, & Discharge
Discharge: No more duties under a contract.
Most Contracts discharged by full performance
Sometimes both parties discharge a contract by agreement
A Condition is an event that must occur befo
Chapter 19: Remedies
Identifying the Interest to be Protected: 19-1
A Contract is breached when one party fails to perform a duty without a valid excuse
A Remedy is the method a court uses to compensate an injured party.
- Expected Interest: This interest
Chapter 11 Outline: Contracts
Contracts: A legally enforceable agreement
Elements of a Contract:
- Consideration: Both parties must gain something
- Legality: Must be legal under the law
- Capacity: Both parties must have a sound min
Chapter 15: Capacity
Capacity: The legal ability to enter a contract.
A minor who wishes to escape from a contract may generally disaffirm it, meaning they
can notify the other party that they refuse to be bound to the contract.
Chapter 12 Outline: The Agreement: Offers and Acceptances
Meeting of The Minds:
Parties form a contract only if both parties have some form of communication. There also must
be an Offer by one party, and an Acceptance by the other side.
The UCCs Good Faith Provision.
Seller must transfer and deliver conforming
Buyer must accept and pay for conforming
In the absence of an agreement between Seller
and Buyer, UCC Article 2 controls as set out