Pleasant BLAW Exam 3 questions well answered, Exams of Nursing

Download Pleasant BLAW Exam 3 questions well answered and more Exams Nursing in PDF only on Docsity! Pleasant BLAW Exam 3 Contract - correct answer ✔✔An agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future. Bilateral Contract - correct answer ✔✔promise for a promise Unilateral Contract - correct answer ✔✔promise in exchange for an act Formal Contract - correct answer ✔✔requires a special form for creation Informal Contract - correct answer ✔✔requires no special form for creation Express Contract - correct answer ✔✔Formed by words (oral, written, or a combination) Implied Contract - correct answer ✔✔formed by the conduct of the parties Purposes of Contracts - correct answer ✔✔Sale of Merchandise Employment Transfer of ownership of land or personal property expressed contract - correct answer ✔✔made clear, specifically stated implied contract - correct answer ✔✔based on actions Quasi Contract - correct answer ✔✔a contract formed after the fact example: unjust enrichment, benefit underserved 4 elements of a contract - correct answer ✔✔1. Agreement 2. Consideration 3. Capacity 4. Legality 3 Parts of Valid Offer - correct answer ✔✔1. definite and certain 2. communicated to offeree 3. serious intention that offeror will be bound duress - correct answer ✔✔Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform. Undue Influence - correct answer ✔✔arises when one party can greatly influence another due to a relationship and trust unconsionable contracts - correct answer ✔✔Shock your conscious shockingly unjust or unfair Statue of Frauds - correct answer ✔✔A state statute under which certain types of contracts must be in writing to be enforceable. Contracts under Statue of Frauds - correct answer ✔✔1. Agreements by an executor or administrator to pay the debts of a deceased person. 2. Agreements to answer for the debts of another. 3. Agreements that cannot be completed in less than one year. 4. Agreements made in contemplation of marriage. 5. Agreements to sell any interest in real property. 6. Agreements to sell personal property for $500 or more. 5. harm to injured party Mistake - correct answer ✔✔Unilateral- enforceable unless other party knew or should have known about mistake, or mistake is due to mathematical error Bilateral- can be rescinded by either party Compensitory damages - correct answer ✔✔compensate for a loss (actual damages) Incidental damages - correct answer ✔✔expenses caused by breach Consequential Damages - correct answer ✔✔foreseeable damages that arise from circumstances outside the contract Remedies for Breach of Contract - correct answer ✔✔Nominal Damages Punitive Damages Liquidated Damages Specific Performance Restraining Order or Injunction Rescission - correct answer ✔✔end contract Restitution - correct answer ✔✔return of goods, property, or funds Reformation - correct answer ✔✔reform/ reword contract was imperfectly stated Assignment - correct answer ✔✔the transfer of contractual rights to a third party can be written or oral if statute of frauds...contract is written, assignment must also be written Assignor - correct answer ✔✔the party assigning the rights to a third party Assignee - correct answer ✔✔the party receiving the rights Obligee - correct answer ✔✔One to whom an obligation is owed. Obligor - correct answer ✔✔One who owes an obligation to another. Intended Rights - correct answer ✔✔was the intent in the contract ex. plumbing condo Incidental Rights - correct answer ✔✔indirect consequence ex. Mike Tyson fight lawsuit Novation - correct answer ✔✔Transfers ALL rights and ALL obligations Delegation - correct answer ✔✔the appointment of a third party to an existing contract to perform contractual obligations Notice of Assignment - correct answer ✔✔Once assignment is made, assignee should notify the obligor of the assignment not obligated until notified Exceptions to the Parol Evidence Rule - correct answer ✔✔1. Ambiguous terms- oral evidence to clear 2.Typographical Errors 3....