Law Final Key Terms

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Remedy by which a written instrument is corrected when it fails to express the actual intent of both parties because of fraud, accident or mistake
A legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source-identifying function of a mark
Agreement that is otherwise binding and enforceable but may be rejected at the opinion of one of the parties as the result of specific circumstances
Product's total image including its overall packaging look
Agreement by which something remains to be done by one or both parties
Influence that is asserted upon another person by one who dominates that person
Something that has been performed in the past and which, therefore, cannot be consideration for a promise made in the present
Agreement that has been completely performed
Failure to act or perform in the manner called for in a contract
Contract under which only one party makes a promise
Court imposed obligations to prevent unjust enrichment in the absense of contracts
Statute, used to prevent fraud through the use of perjured testimony, requires that certain kinds of transactions be evidenced in writing in order to be binding or enforceable
Agreement under which one promise is given in exchange for another
Doctrine that a promise will be enforced although it is not supported by consideration
Absence of knowledge of any defects in or problems, 'pure heart and an empty head.'
Order of a court of equity to refrain from doing or to do a specified act
Promise that in fact does not impose any obligation on the promisor
Release or relinquishment of a known right or objection
Action brought to compel the adverse party to perform a contract on the theory that merely suing for damages for its breach will not be an adequate remedy
Certain objectives relating to health, morals and integrity of govt. that the law seeks to advance by declaring invalid any contract that conflicts with those objectives
Having more than one reasonable interpretation
Provision in a contract stating that one of the parties is not liable for damages in case of breach
Sum of money that will compensate an injured plaintiff for actual loss
Promise or performance that the promisor demands as price of the promise
Promisor's repudiation of the contract prior to the time that performance is required when such repudiation is accepted by the promisee as a breach of the contract
Unreasonable, often referred to a contract grossly unfair to one party because of the superior bargaining powers of the other party
Losses that are caused by breach of contract
Action of one party to a contract to set the contract aside when the other party is guilty of a breach of the contract
Damages established in advance of breach as an alternative to establishing compensatory damages at the time of the breach
Principle that allows the limited use of copyrighted material for teaching, researching and news reporting
Action or procedure that is followed in order to enforece a right or to obtain damages for injury to a right
Making of a false statement of a past or existing fact, with knowledge of its falsity or with reckless indifference as to its truth, with the intent to cause another to rely and su
Rule that prohibits the introduction into evidence or oral or written statement made prior to or simultaneously with the execution of a written contract, deed or instrument
Conduct that deprives the victim of free will and that generaly gives the victim the right to set aside any transaction entered into under such circumstances
Incurred by the nonbreaching party as part of the process of trying to cover or sell; includes storage fees, commissions, and the like
Nominal sum awarded the plaintiff in order to establish that legal rights have been violated although the plaintiff in fact has not sustained any actual loss or damage
Lending money at an interest rate that is higher than the maximum rate allowed by law
Damages, in excess of the wrongdoing, imposed in order to punish the defendant because of the particualr wanton wrongdoing
Damages the buyer experiences as a result of the seller's breach with respect to a third party
Any formula, device or compilation of information that is used in ones business and is of such a nature that it provides an advantage over competitors who do not have the informati
Ability to understand that a contract is being made and to understand its general meaning
A binding agreement based on the genuine assent of the parties, made for a lawful object, between competent parties
Personal privilege to do some act or series of acts upon the land of another not amounting to an easement or a right of possession
Exclusive right given by federal stature to the creator of a literary or an artistic work to use, reproduce, and display the work
Mark that identifies a product
Agreement of the parties manifested by their words, whether spoken or written
Contract Expressed by conduct or deduced from the facts
A showing that an invention as a whole would have been obvious to a person of ordinary skill in the art when the invention was patented

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Created Dec 18, 2010ReportNominate
Tags:definition, chapter, final, key, Key Terms, law, term