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Law
Chapter 12,5 and 6
| Question | Answer |
|---|---|
| What is occupiers liability? | Those who occupy land are liable for those visiting land |
| What is an invitee? | Benefits occupier |
| What is a contractual entrant? | Pay for entrance into land |
| What is a licensee? | They are no direct benefit to occupier but occupier does not pose an objection |
| What is a trespasser? | Uninvited, unknowingly come upon land and are are required a small duty of care |
| What occurs with a "slip and fall" case? | Reasonable care Negligence and occupiers liability |
| What are the defenses to occupiers liability? | Volenti non fit injuria, must be assumed physically and legal risk involved, EXCLUSION OF LIABILITY CLAUSES and contributory negligence |
| What is nuisance? | Neighbor torts ( Noise, interference, trees) |
| What is trespassing? | Wrongful interference, injunction to resolve, boundary and title dispute |
| What are the torts involved business operations | False imprisonment ( Being detained unlawfully), assault and battery, assault, battery, deceit ( Misstatement) |
| What are the torts involving other businesses? | Passing off: Presenting others goods as your own Interference with contractual relations |
| What are the business-to-business torts? | Defamation ( Public false statement or open opinion which harms another) Libel ( Written) Slander ( oral) |
| What are the defenses to defamation? | Qualified privilege: Private between two parties Absolute privilege: Freedom of expression in venue Fair comment: Opinion |
| What is injurious or malicious falsehood? | False statement harmful to another goods or services |
| What is the defense to injurious or malicious falsehood? | Establish the statement is false and the defendant has a hidden motive |
| What questions do you consider with the occupiers legal risk management? | Property dangers? Protection and warning to visitors? Know trespassers?Children? How to eliminate or reduce risk of danger? Complied with all level of obligations? Adequate insurance? Programs to review products? |
| What is a contract? | Deliberate, complete and voluntary. Not always in writing. Two or more competent people. Mutual consideration. Binding promises enforced in court. Various dispute resolutions. Negotiate terms. |
| What are the elements of a contract? | An agreement. Complete. Deliberate. Voluntary. 2+ people. Mutual consideration. Not always in writing. |
| What are the key factors in a contractual relationship? | Communication. Objective Standard Test- reasonable person would view parties conduct. Equal bargaining power. |
| What do the courts consider? | Courts appeal to weaker party and they don't consider fairness or reasonableness of business parties. |
| What other factors should parties consider? | Business relationship Economic realities Reputation management |
| What are the steps of a contract? | 1. Offer 2. Acceptance 3. Consideration 4. Intention |
| What occurs in the "offer" stage? | Invitation to treat: Not an offer - only an expression of willingness to do business Only complete offer forms basis of contract. |
| What is a standard form contract? | "Take it or leave it" Read and understand before signing it |
| Who is the offeror and the offeree? | Offeror makes offer Offeree is person who offer is made to |
| How is an offer terminated? | Revocation: Withdrawal Lapse: Expiration Insanity or death Counteroffer Rejection: |
| What occurs with revocation? | Offer ceases to exist Option agreements: Exchange for payment, offeree must keep offer open for specified time |
| What occurs with no lapse? | If no expiration signified then reasonable time is given depending on the case |
| What occurs in the "acceptance" stage? | Contract exist Communication of acceptance Unqualified and complete willingness |
| What is the communication of acceptance? | Only practiced if specified If not then in circumstanced manner Indicated by conduct |
| What is the "postbox" rule? | When sending a message to offeror never reaches them |
| What occurs with an electronic offer? | Offer made online = accepted online |
| What is formalization? | Agreement through offer and acceptance. Exact wording agreed upon and contract made |
| What occurs in the "consideration" step? | Price must be paid for promise ( Each party gives something of value to the other) |
| What is a gratuitous promise? | No consideration and/or contract. Only one side gives something of value. ( Not binding) |
| What is a promise under seal? | Evidence of a serious intent-contract is enforceable No further consideration i.e Contracts of Guarantee |
| What is a promissory estoppel? | Those who rely on gratuitous promises MAY enforce it Defense-promise breaker Necessary factors: Reliance on others promise to change your position and you're above reproach |
| What are the pre-existing legal duties? | When employee has a pre-existing duty they cannot ask for more compensation because it is under their duties unless in contract clauses. |
| What are the promises enforceable without consideration? | Partial payment of a debt Common law: gratuitous promise to accept lesser amount leaves creditor FREE to sue balance Statute law: Creditor can't sue after lesser amount is accepted |
| What occurs in the "intention to contract" step? | Promise intention is contractual Business relationship assumed by courts Family arrangements: Common law- non contractual and subject to contradiction |
| The courts enforce what promises? | Seal Promissory estoppel Specialized statutory scheme ( Partial payment of debt) |
Created by:
Marlenathibeault
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