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BUL3130 Exam 2 Study Guide
BUL3130 Exam 2 Study Guide
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title for the buyer as against anyone, anywhere at anytime who asserts they have title to the
property
• Quitclaim Deed
○ [Textbook] – A deed that conveys the grantor’s complete interest or claim in real property but
that does not warrant that the title is valid.
○ [Lecture] - is a deed of conveyance that passes whatever the interests the grantor had in the
property (e.g. probate, bankruptcy case, divorce)
○ [Dr. Lako] - Quitclaim Deedmeans the grantor gives title to realty, but does not indicate s/he
has any interest in the realty, only that a transfer of whatever right, title and interest the grantor
may have in and to said realty, not indicating s/he has title. Used on property line disputes;
divorces; bankruptcy’s; and estates
• Limited Warranty Deed
○ [Textbook] – Any product sold with less than a full warranty has what is defined as a limited
warranty, the terms of which must be explained in writing
• Bilateral and Unilateral
○ Bilateral Contract [Textbook] – A contract formed by the mutual exchange of promises of the
parties
[Lecture] - both parties have negotiated the deal – both had intent and capacity to enter
contract
○ Unilateral Contract [Textbook] – An offer or promise of an offeror that is binding only after
completed performance by the offeree. The offeree’s completed performance serves as
acceptance of the offer and performance of the contract
[Lecture] - looks like executed – one person or one sided offer, accept by saying verbal
agreement or by showing up for performance
• Expressed and Implied
○ Express Contract [Textbook] - a contract that is oral or written, as opposed to being implied from
the conduct of the parties
○ Implied Contract [Textbook] – a contract formed on the basis of the conduct of the parties
• Punitive Damages
○ See Misty’s SG for example
○ [Textbook] – Compensation awarded to a plaintiff beyond actual damages; awarded to punish
the defendant for doing a particularly offensive act
• One Year and One Day Rule of Intellectual Property
○ You have to patent the invention within one year or you can never patent it. Your right to a
patent is lost
• Doctrine of Strict Liability
○ [Textbook] – a legal theory that imposes responsibility for damages regardless of the existence
of negligence; in tort law, any good sold that has a defect that causes injury leads to the
imposition of liability
○ [Dr. Lako] - strict liability – manufacturers are liable even though they used reasonable care
• 3 Types of Torts
○ Strict Liabiltity
○ Intentional
○ Negligence
○ [From Class Notes:]
○ Strict liability
Product liability (sub category)
• The law holds the inventor, the list of people, liable to the plaintiff who has been
injured by a product that in some fashion defective
• Basically an injury from a product
• Manufacturer, retailer, wholesaler – who is liable for the injury, or who caused it
to become malfunctioned
• Comparative negligence (tire example)
Called liability without fault
• Liability without anybody being proven to be at fault
○ Intentional
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○ Intent – can be proved by actions and words, known as mutual assent, evidence of intent can
be seen by totality of circumstance
○ Consideration – fair value to part of bargain, monetary payment for a service, can be barter, a
service or server
○ Legal subject matter – reason for contract must be legal, gambling, prostitution, drinking are
NOT legal, purpose must be lawful
○ Acceptance – I follow the friend the offer 99% of the time, can be expressed or implied, silence
cannot be acceptance, offer and acceptance follow mirror image rule, oral or written, mirrorly
acting
○ Capacity – affected by age, medication, being drunk, can still contract even if under the
influence you can VOID, lucid time – can contract, under age – can vie for food shelter
necessities
○ Offer – oral or written, expressed or implied, without this there can be no contract – VIP, can be
interpreted by actions or words
○ CONTRACT – I’m the result of these six elements, I can only be voluntarily, if intent is missing I
can void, if capacity is missing I can be voidable, executed or executor, bi-unilateral,
expressed/implied
• Must be in writing – has to be to be enforceable, if it cannot be performed within 12 months, (statute of
frauds)
• Easement
○ [Textbook] – The right to use the property of another in a particular manner. Most commonly,
this is a right of access to cross one piece of property to reach another piece of property or the
right to have utilities go across, on, or under property. It is a right that is said to “run with the
land”
○ [Lecture] – (pg.179) Right to enter land owned by a another and make certain use of it or to take
something from land
○ [Dr. Lako] - a right to enter land owned by you for a specific purpose. Most commonly – utilities,
etc. A Covenantis a promise that generally runs with and stays with the land – ex: singles
family homes of no less than 1,500 square foot; no chain link fencing, etc. Neither are
ownership of land.
• Reasonable Person (Tort Chapter)
○ [Textbook] – The standard with one must observe to avoid liability for negligence; often includes
the duty to foresee harm that could result from certain actions
○ [Lecture] - how a person is judged at the time of an incident or in a court room
○ [Dr. Lako] - Also, in tort law a “reasonable person” is whom we compare the conduct of the
defendant at the time of the negligent act. Ex: Is it reasonable that a person would speed on a
wet road with semi bald tires and poor brakes?
• Mirror Image Rule
○ [Lecture] - Under “Acceptance” of ICLACO - this was the offer, this was the acceptance
○ [From Misty’s SG] - An offeree must accept an offer as presented by an offeror. In effect, the
acceptance must be the mirror image of the offer.
• Mailbox Rule
○ [Lecture] - Accepted by being mailed – upon receipt – (mailbox rule/offer)
○ [From Misty’s SG] - Courtney hears that there is an offer out in the community by Dr. Lako. She
has decided to write the acceptance down on a piece of paper and mail it to his last known
address. As long as she does not change any of the terms of the offer, Dr. Lako is bound by the
contract that Courtney made. The contract is bound by the mail date not the received date. No
counter-offers on this rule.
• Convention on Contracts for the International Sale of Goods (CISG)
○ [Textbook Definition and Notes] – (pg. 271) Adopted by the United Nations to have a
commercial code that parties would think unbiased. It has been ratified by most major nations,
including the United States.
○ (pg. 272) – The CISG applies to contracts for commercial sale of goods made by parties who
have places of business in different countries that have ratified the CISG. It does not matter
what the citizenship of the parties is; it is the location of the businesses that matters. Unlike the
UCC, which applies to goods sold to the consuming public, contracts under the CISG only apply
to commercial sales or sales between merchants.
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○ [From Misty’s SG] - CISG applies to; formality, offers, acceptance, battle of the forms, duties of
the parties, and remedies
• Minor who lacks the capacity to enter into a valid legal binding contract can contract for and be liable for
the necessities of clothing, shelter, food and insurance
• Copyright Law
○ [Textbook] – a grant to an author or a publisher of an exclusive right to print, reprint, publish,
copy, and sell literary work, musical compositions, works of art, and motion pictures for the life
of the author plus an additional 50 years.
○ [Lecture] - Are rights of literary property as recognized by law
○ They are intangible assets that are held by the author or owner for a certain time period
○ Does the common law give you copyright protection on an original creative thought?
YES!
○ Do you rely on that to prove your case in a court room?
NO
○ Pg. 209 – 213
Copyright Act
○ Copyright protection – lasts for the life of you, the author, plus 70 years
○ Go online and fill out form to get something copyrighted
○ Don’t let anyone else take your ideas
○ [Dr. Lako] - Common Lawpermits the creator of an original idea to be known as the owner.
Best advice is to take your original creation and obtain a copyright. That certificate of copyright
will be the best evidence proving you are the creator, thus it is not always advisable to only rely
on the common law protection. Always get a copyright from the government.
○ [Additional information from textbook] – The copyright act gives a copyright owner five exclusive
rights over copyrighted works: 1) the right to reproduce the work 2) the right to publish or
distribute the work 3) the right to display the work in public 4) the right to display the work in
public 4) the right to perform the work in public 5) the right to prepare derivative works based on
the original work
○ Copyright Act of 1976 – made copyright protection a part of our legal system
• Transferred Intent
○ See above (already covered)
• Common Law Legal Doctrine of Quantum Meriut
○ [Textbook Definition of Quantum Meriut] – a concept in equity that a party should not be unjustly
enriched by not paying for goods or services received that do not clearly fall under a contract; it
is the recovery a plaintiff is allowed to be granted under an implied contract to pay for the
reasonable value of services provided
○ [Lecture]
• Implied – how a contract can be formed based on conduct
• The law implies a contract to accept an offer
• Quantum meriut – entitled to be paid for the services rendered under her offer
• Prevents person from being unjust enrichment
• Uniform Commercial Code (UCC) at Article II for the Sale of Goods
• [Lecture] - UCC – Uniform Commercial Code
○ Pg. 253
○ [Textbook] – a statute passed in a similar form by the states that sets many rules of commercial
sales agreements and negotiable debt instruments
○ Is the law that governs many contracts for the sale of goods
○ Deals with common law
○ Rules governing trade – “codes” – existed more than 2,000 years ago in Greece
○ Pg. 254
○ Adopted in all the states except Louisiana
They couldn’t adopt it because they are based on French law, every other state is
based on common law
○ Does the UCC affect the contract law?
Yes, “merchants”
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UCC relaxes the strict constraints of common law, so merchants can conduct business
in a swifter manner but still have the protection of the contract law
Mirror image rule does not have to apply
Acceptance of offer in mail, the UCC eliminates that
○ What are goods under the UCC? (pg. 254)
Look at goods
• “All things which are movable at the time of identification to the contract for
sale”
○ What is a merchant and how do you qualify to be one?
Pg. 254
Acquired an expertise
Deal with another merchant, even if you aren’t one, you can still act like one because of
your hobby or expertise
○ Article 2 and the sale of goods (p. 255, under “Sales”)
○ Chart of p. 255
You can change the terms of the offer, without answering the offer
This chart basically summarizes everything so far (from above)
○ The UCC is what prevails
○ Pg. 256 Article 2 Section 2-204
Contract cannot be formed (under common law) until an offer is clearly accepted
Contract can be made in manner to show an agreement between parties
• Bankruptcy Law Chapters (7, 11, 13)
○ 7 (p. 301)
Fresh Start Bankruptcy
○ 11 (p. 303)
Businesses Only
○ 13 (p. 300)
Individual or married couples
• Patent
○ [Textbook] – a grant from the government conveying and securing for an inventor the exclusive
right to make, use, and sell an invention for 20 years from the time of application
○ [Dr. Lako] - Patentlaw is purely statutory, not known to any common law doctrine. It involves a
(i) process, (ii)a manufacture, or a (iii) composition of matter.
• Trade Dress
○ [Textbook] – intellectual property protected by trademark law and the Lanham Act that concerns
the total appearance and image of products and of service establishments, including shape,
size, graphics and color
○ Lanham Act [Lecture] - Lanham Act – made the common law protecting trademarks
It’s made from federal law – have protection
[Textbook] – Federal trademark law allows trademarks to be registered if they are
distinctive and nonfunctional. As long as the owner continues to use and protect the
trademark, the trademark’s exclusive use can be perpetual
• ADR (Alternate Dispute Resolution) – a process by which the parties to a dispute resolve it through a
mechanism other than litigation in court. Alternative dispute resolution includes the following
**REMEMBER: NOT NEGOTIATION!:
○ Arbitration – a means of settling disputes between parties when they submit the matter to a
neutral third party of their choosing, who resolves the dispute by issuing a hind award. A popular
alternative to the court system for resolving disputes due at lower cost and greater speed.
84% effective
Gives verdict
3 arbitrators, they conduct a mini trial, both sides present evidence, they give a verdict,
who wins, who loses
○ Mediation – a form of ADR in which a third party is hired by parties to a dispute with the intent to
persuade them to settle their dispute
62% effective
Tries to give solutions
A neutral, detached 3rd party hears the issues in the case between 2 parties, tries to
guide the people to settle before going to trial
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shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws
○ 5th
Right to due process of law, freedom from self-incrimination, double jeopardy.
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in time of war
or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use,
without just compensation.
Privilege to refuse to answer questions due to self incrimination
If you use the 5th amendment, before a grand jury, and the government says you leave
or get immunity – you can’t get prosecuted by taking the 5th amendment
• Doctrine of Fusion
○ The state has to prove both Mens Rea and Actus Reus otherwise the defendant cannot be
found guilty. They have to prove mental and physical act to be guilty. Without it there can be no
conviction.
• Title VII of the Civil Rights Act of 1964
○ First Amendment – Free Speech
Pg. 420 (bottom of page)
• [From Misty’s SG] - employment discrimination on the basis of race, color,
religion, sex, or national origin. (EEOC)
• Rules of an Administrative Agency VS Statutory Law
○ [Statutory law Textbook Definition] – laws enacted by a legislative body
○ Administrative law – created under the constitution, by Congress
○ Are experts in their field, created under Congress
○ They make rules in which you cannot be incarcerated for breaking
○ [Textbook definition:] a governmental bureau established by Congress (or the President) to
execute certain functions of Congress. Agencies transact government business and may write
and enforce regulations under the authority of Congress or the president
○ 3 rules
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○[Textbook] – Section 1 of the 14th amendment to the Constitution, providing that states treat all
persons subject to state laws in a similar manner. “No State shall … deny to any person within
its jurisdiction the equal protection of the laws.”
• Delegation Doctrine
○ The constitutional right of Congress to authorize governmental agencies to perform certain legal
duties.
• Executed and Executory
○ Executed Contract
[Textbook] – a contract that has been fully performed by the parties
[Lecture]- a contract that is formed to complete or execute a task (performance)
○ Executory Contract
[Textbook] - a contract that has not been performed by the parties
[Lecture] - something that is remained to be done
• Force Majeure Clause (Pg. 570)
○ [Textbook] – is a French term meaning a “superior or irresistible force.” Thus, it protects
contracting parties from problems beyond their control.
○ Traditionally, this clause was used to protect the parties from the consequences of a natural
disaster that interfered with performance.
○ Protects parties from political upheavals
Side Notes:
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