What remedies are given if undue influence or duress
are found in a contract?
Rescission and restitution.
Take it or leave it contract.
If a vague or ambiguous term is found in an adhesion
contract, it will be construed against:
Chapter 4: Constitutional Authority to Regulate Business
The Supreme Body of Law
The United States recognizes the system of federalism. Federalism is the division of power between the state and federal government.
The Constitution explain
Chapter 8 Intellectual Property
A distinctive mark, motto, device of that a manufacturer uses to affix to products to identify the manufacturer.
Trademark dilution 1995 Congress amended the Lanham Act by passing the
Federal Trademark Dilution Ac
Chapter 9 Criminal Law & Cyber Crimes
Criminal Law v. Civil Law
Individual v. Individual
Remedy Sought Damages/Money or Equity
State/Federal government v. Individual
Remedy Punishment Fine/Jail/Prison/Death
Chapter 12: consideration
Consideration:bargained for exchange
Benefit & detriment contained by both parties
Adequacy of consideration
Courts generally do not check the adequacy of consideration
Unless the parties are deceived by fraud, undue influe
Chapter 13capacity & legality
Minors lack capacity
Minors have up until they reach the age of majority to disaffirm the
If a man becomes emancipated - the contract will be considered valid. Based on:
Whether that child
Chapter 18 Remedies for Breach of Contract
A. Damages to compensate for the loss of bargain
B. Contract for the sale of goodsdifference between the contract price & current market price.
C. Construction contract
i) Contract had not beg
Chapter 17 performance & discharge
Performance & Discharge
a. Conditions Future Events
b. Condition precedent: Future event that must occur before a party is obligated under contract
c. Condition subsequent: Future event that will terminate a partys conti
Chapter 11: agreement offer acceptance
a. A communication from an offeror to an identified offeree that leaves a reasonable expectation in
the mind of the offeree that nothing further need be done, but to accept.
b. Certain & definite
Promise exchanged for a promise
Acceptance takes place upon the exchange of promises
Ex: a promise B to drive B if B pay for gas.
Chapter 20 Title, Risk, and Insurable Interest
Identification: goods must be in existence and identified before title can pass
Future goods: Goods that are not in existence at the time of the sale are future goods.
If a sale or lease involves unborn
Chapter 19 uniform Commercial Code
Article 2: Sale of Goods
A. Sale: the passing of title from seller to buyer for a price. The price may be payable in money or in
goods, service or real estate.
B. Goods: are moveable, tangible property
Real Estate is
Of the items listed in the question, only the apartment building will become part of
Aaron's estate and be distributed in accordance with his will. When property is
owned in joint tenancy, each joint tenant has a right of survivorship, which means
Chapter 1 Introduction to Law and Legal Reasoning
Differences between Civil Law and Criminal Law
Individual vs. individual
Remedy-monetary or equity
State or Federal government vs. individual