Final

Legal Studies 200 with Cornwell at University of Alabama - Tuscaloosa

About this deck

By: Bob Sanches
Textbook:

The Legal Environment Today: Business in Its Ethical, Regulatory, E-Commerce, and International Setting (Book & Online Legal Research Guide)
Created: 2011-12-15
Size: 82 flashcards
Views: 82

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Thibodeau v. Comcast Corp.

deals with comcast

roberts v century contractors

roberts stuck by pipe at work

lucy vs zehmer

,ucy's wanted to buy zehmers farm for a while, drank discussed it, bet zehmer that he wouldn't sell it for 50,000 he said you wouldn't pay 50,000 when they tried to give him 50,000 for the farm and he wouldn't do it they sued, zehmer won

ardite vs city of providence

police academy needed more workers did 2 police academies letter send to applicants was a conditional offer of emplyment but dean esserman revised the selection

pennyslvania state police vs suders

suders was sexually harassed smith-elliet told her to file a complaint but never told her how to obtain the papers to do so, went o to court suders lost then appealed and court said ellerth/faragher affirmative defence /constuctive discharge case, no

conway-jepsen v small business admin

wanted to replace male workers with female, conway-jebson said it was wrong, overloaded her with work set her up to make mistakes, conway quit filed suit

arbough v Y & N corp

arbought was bertender at moonlight, she quit then filed suit that said improper conduct made her resign, lost bc they didn't have enough emplyeees <15

affirmative action

gave members of protected classes preferential treatment in hiring

after-aquired evidence of employee misconduct

evidence an employer discovers after lawsuit filed

bona fide occupational qualification(BFOQ)

Race can't be a BFOQ

defences to employment discrimination

result of business necessity, BFOQ, or a senicity system

substance abuse

under ADA, alcoholism is in it

dangeous workers

employees don't have to hire workers who they fear that the disabilities pose a "direct threat to the health or safety" of other workers

undue hardship

employers who do no accomodate for disabilities must prove so that the accomidiations will cause "undue hardship"

procedures under ADEA

1. must be a member of ADEA
2. qualified for position
3.discharged under cirum. give rise to an interference in discrimination

dicrimination based on age

ADEA, must be 40+

harrassment by supervisors

hold employers liable only if employer knew or should have know and failed to take prompt remedial action

quid pro quo

when sexual favors are demanded in return for job opportunities

discrimination based on religion

eployer must "reasonably accomadate the reliigous practices of its employees unless to do so would couse undue harship to the business

discrimination on color, race, or native origin

discrimination agains these protected classes in regard to employment conditions and benefits is also illegal

unintender discrimination

interviews can be unintended descrimination

disparate-impact discrimination

result of education or other job requirements or hiring procedures, employers workforce does not reflect percentage of nonwhites, women, or other protected classes

disparate treatment discrimination

employer intetnionally dicriminated against employeed in a protected class

prima facie case

defendet produces no affirmative defence or evedence to disprove it, plantiff produce proficient evidence met burdon of proof

intender discrimination

intentional discrimination, disparate treatment discriniation, plantifs use prima facie case

Equal employment opportunity commision

EEOC,b4 filing suit victum must file claim with EEOC, EEOC may then file suit agains employer on employee's behalf, normally only investigates "priority cases" cases involving retaliatory discharg

protected class

persons prodect under specific law based on race, color, religion, national origin, gender, age, and disability

employment discrimination

treating employee or job applicants unequallt based on race, color, etc,

third party beneficiary

third party benefit a contract is formed, beneficiary can sue if contract is breached

incidental beneficiaty

third party benefits from contract, but benefit was not the reason contract was formed, incidential benefiary has no rights in a contract and can't sue if breached

assignments

transfer of all or part contractual rights to a third party is a assignment, when contract is personal in nature, rights under contract can't be assigned unless all that remains is amoney payment

third party rights

exception allowsa a party to a contract transfer if the rights or duties arising from the contract to anothe rperson through an assignment or delegation(of duties)

parole evidence rule

prohibits the introduction of extraneous evidence to dislike a contract

contracts that must be in writing

1. involving land
2. can't be performed by their terms within one year from the date of formation
3. collateral or secondary contracts,promises to answer a debt or duty of another
4. promises made in consideration of marriage(includes prenupt)
5. sale of goods priced at 500 or more

statute of freaud

certain types of contract must be in writing to be enforceable

class action

lawsuit which a single person or small group represents the interests of a larger group without all members having to be available in court

adhesion contracts and unconscionability

written exclusively by one party

duress

one of the partied forced into agreement,blackmail or extortion

undue influence

lacks genuine assent, people under guardians elderly/minors, if guardian induces one to inter a contract undue influence may have been exerted

injury to innocent party

don't require showing of injurty

innocent misrepresentation

makes a statement they believe is try but actually misrepresents the facts

fraudulent misrepresentation

when fraud affects the genuiness fo the innocent party's consent to the contrace
1. mispreperesentation fo material mus occur
2. must be intent to deceive
3. innocent party mus justifiably rely of misrepresentation

unilateral mistakes of fact

does not afford the mistaken party relief from contract(doesnt end contract)

bilateral mistakes of fact

both parties of mistake of some material fact, contract can be recinded or canceled by either party

genuiness of assent

knowledge of and voluntary assent to contract, voidable if mistake, misrepresentation, undue influence, duress

disaffirmance

legal avoidance or seeing aside of a contractual obligation

usury

charging excessive interest on a loan

mental incompetence

person is mentally incompetent and has an appointed guardian, contract is void

capacity

must have legal ability to enter a contractual relationship

promise

1.must be clear and definite promise
2. promisee must justifiably rely on promise
3. reliance normally must be of substantial and definite character
4. justice will be better served by enforcement of promist

promissiory estoppel

perosn is resaobly and substantially relied on the prmoise or another may be to abtain some measure of recovery

past consideration

promises made in return for actions or events that have already taken place are enforceable

preexisting duty

to do what one has legal duty to do so does not constitute legally sufficient consideration

adequacy of consideration

concerns the fairness of the bargain

legal value

1. promise to do something that one has no prior legal duty do do so
2. performance of an action that one is otherwise not obligated to do so
3. refraining from an action that one has legal right to undertake

consideration

the value given for a promise. consideration must be something of legally suggicien value and there must be a bargained-for exchange

mailbox rule

once it is accepted it can't be changed

adams v linsell

has to do with mailbox rule

acceptance

voluntary act by an offeree that shows assent, or agreement to the terms of an offer which may consist of words of conduct

termination by operation of law

power of offeree to transform offer into binding legal obligation can be voided by
1. lapse of time
2. destruction of scpecific subject matter of the offer
3. death or incompetence of the offeror or the offeree
4. supercening illegality of the proposed contract(slot machines in AL)

counteroffer

offeree;s responce to an offer which the offeree rejects the original offer and at the same time makes a new offer

rejection

offoree can reject and it cancels offer

revocation

in contract law the withdrawel of an offer by an offeror, unless the offer is reevocable, it can be revoked at any time pror to acceptance without liability, offerer can revoke prior acctance

termination of the offer

revocation, rejection or counteroffer

definiteness of terms

1. identification of parties
2. identificaiton of the object or subject matter of the contract including the work to be performed with specific identificaion such as goods, serbices, and land
3. consideration to be paid
4. time of payment, delivery, or performance

preliminary negotiation

must be distinguished from an offer, request or invitation to negotiate is not an offer only willingness to discuss the possibility of entering into a contract

Offer

promise or commitment to perform or retain from performing some specified act in the future, once offer is made the power to creat contract resides w/ the offeree

intention

1st requirement for an effective offer to exist is a serious objective intention fo the part of the offeror

requirements of an offeror

1. serioud intention
2.terms must be reasonably certain, or definite so parties and the court can ascertain terms of contract
3. offer must be communicated by the offeror to the offeree resulting in the offeree's knowledge of the offer

void contracts

no contract at all, something in contract is contradictory

voidable contracts

a valid contract but one that can be avoided at the option of one or both of the parties

valid contract

elements necessary to entitle at least one of the parties to enforce it in court

express contract

spoken in words

contract inplied in fact

intentions implied by act

express contrace

terms of agreement are fully and explicitly stated in words, oral, or written

implied in fact contract

1. plaintiff furnished some service or property
2. plaintiff expected to be paid for that sevice or property and defendand knew or should have know payment was expected
3. defendant had a chance to reject the service or property and did not

queso contract

purpose to preven unjust inrichment, express contract

unilateral contract

offeree can accept the offer only by completing the contract performance " promise for an act"

bilateral contract

to accept contract offeree must only promise to perform the contract

intent

in contracts intent is determined by what is called the objective throry of contracts not by the personal or subjective intent of a party

requirements of a valid contract

1. valid offer and acceptance
2. consideration, something of value received or promised such as money to convince to make the deal
3. lawful capacity, minors don't have capacity, mental capacity
4. legality or lawful purpose

contract

agreement that can be enforce in court

About this deck

By: Bob Sanches
Textbook:

The Legal Environment Today: Business in Its Ethical, Regulatory, E-Commerce, and International Setting (Book & Online Legal Research Guide)
Created: 2011-12-15
Size: 82 flashcards
Views: 82

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy