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Law

Chapter 12,5 and 6

QuestionAnswer
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