Reference no: EM131465948

1. How are offers terminated?
2. Who may accept a party?
3. Why are shrink wrap agreements likely to be enforced?
4. Under what circumstances will a court enforce g click on agreement?
5. What terms in a click wrap agreement are likely to not be enforced by a court?

Chapter 12

1. What is consideration?
2. What is meant by adequacy of consideration and why do the court generally not concern themselves with this issue?
3. What is a preexisting duty and can it form the basis of a contract?
4. What are exceptions to the preexisting duty rule?
5. What is an illusory contract?
6. What is an accord and satisfaction?
7. What is detrimental reliance or promissory estoppel?

Chapter 13

1. Describe the rules relating to a minor's right to disaffirm.
2. How does a minor's misrepresentation of age affect his or her right to disaffirm?
3. How is a contract for necessaries impacted by a minor's right to disaffirm?
4. What is the effect of intoxication on a right to disaffirm?
5. What is the effect of incapacity on a contract?
6. What are the limits on a covenant not to compete?

Chapter 14

1. What is the legal significance of the difference between a mistake in value as opposed to a mistake of fact? Give examples.
2. What is the effect of a unilateral mistake?
3. What is the effect of a bilateral mistake?
4. What are the elements of fraud?
5. Give examples of justifiable and unjustifiable reliance.
6. What is undue influence? Give examples.

Chapter 15

1. What is the statute of frauds and what is its purpose?
2. Explain the one year rule.
3. What is a collateral promise?
4. What is the "main purpose" rule?
5. What is the effect of part performance on an oral contract?

Chapter 16

1. Describe what assignments do.
2. What rights cannot be assigned?
3. What rights can be assigned?
4. What is the difference between an assignment and a delegation?
5. What duties can and cannot be delegated?
6. What happens if the delegate fails to perform?
7. What are the different types of third party beneficiaries and what is the legal significance of each?

Chapter 17

1. How are most contracts discharged?
2. What is the effect of a material breach?
3. What is a condition?
4. Discuss the degrees of performance.
5. What is a novation?
6. What is rescission?
7. What is meant by "impossibility of performance mean?

Chapter 18

1. What is meant by "compensatory damages"?
2. What are consequential damages?
3. What are punitive damages and when are they available?
4. What is meant by the duty to mitigate? Give examples.
5. When are liquidated acceptable?
6. When will specific performance be granted?
7. When can one recover under quasi contract?

Chapter 6

1. Why are they called "intentional torts"?
2. List and define the basic intentional torts.
3. What are the defenses to assault and battery?
4. What is the basis of the tort of defamation?
5. What are defenses to the tort of defamation?
6. What is wrongful interference with business rights?
7. What are the potential defenses to interference with business rights?
8. Will tort reform help business costs?

Chapter 7

1. What are the elements of a cause of action bsded on negligence?
2. Contrast negligence to strict liability.
3. Distinguish the two different kinds of causation: proximate cause and cause in fact.
4. What are the defenses available in a negligence case?
5. What is assumption of risk?
6. What is the policy basis upon which strict liability is based?

Chapter 22

3. To avoid negligence in a products liability what must a manufacturer show?
4. What are the elements of a strict liability claim?
5. To avoid liability on a strict liability claim what must the manufacturer show?
6. Discuss the user abuse defense to a products claim?
7. Other than the immediate seller, who else may have liability on a products claim?

Chapter 32

1. Describe the principal-agent relationship.
2. Describe the employer-employee relationship.
3. What are the factors that can determine whether an individual is considered an employee or an independent contractor?
4. How is the agency relationship created?
5. What is the reason we hold the principal liable for the acts of the agent?
6. In general, what are the duties of principals and agents?
7. What does it mean to "violate your duty of loyalty"?

Chapter 33

1. What is the effect of an agent's apparent authority?
2. What does it mean to ratify the agent's act?
3. Discuss the different liabilities of disclosed, partially disclosed, and undisclosed principals.
4. Under what circumstances is the principal liable for the agent's torts?
5. When is an employer liable for the employee's torts?

Chapter 34

1. What are some of the important aspects of the Fair Labor Standards Act?
2. Which workers are covered by the FSLA?
3. What are other laws that protect employees?
4. What are an employee's privacy rights?
5. What is meant by "employment at will"?
6. What are the exceptions to "employment at will"?

Chapter 35

1. Distinguish disparate treatment from disparate impact?
2. What does the Civil Rights Act of 1964 prohibit?
3. How do you prove either disparate impact or disparate treatment?
4. What defenses are available in discrimination cases?
5. What is sexual harassment and how is it proven?
6. Describe the Age Discrimination Act's provisions and those of the Americans with Disabilities Act?

Chapter 39

1. Describe a corporation's right to free speech.
2. What is the liability of a promoter for the corporation's debts?
3. What is the doctrine of ultra vires?
4. What are the advantages of using a corporate form for a business?
5. What are the disadvantages?

Chapter 40

1. What is a director's duty of loyalty and how might it be violated?
2. What is the business judgment rule?
3. What are some important shareholder rights?

Chapter 42

1. What are the material facts that must be disclosed in any security transaction?
2. What is the tipper/tippee theory?
3. How should corporate compensation be established?
4. What is insider trading? What is its effect?

Chapter 48

1. identify the broad areas of a professional's common law liability to client's.
2. What is an accountant's duty of care?
3. How can accountants avoid liability under the various security acts?
4. Describe the terms of the Sarbannes-Oxley Act of 2002.

Chapter 5

1. Discuss how the law becomes and expression of an ethical principle?
2. What are reasons for some unethical business behavior?
3. Is it preferable that a business be seen as ethical? Why?
4. Is there an obligation to act in a socially or politically beneficial ways?
5. To whom does a corporation owe a duty?
6. Does a corporation owe a duty to society?
7. What ethical problems have you run into either in business or personally?