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business
dynamic business law
Questions and Answers of
Dynamic Business Law
List and describe implied warranties.
Describe express warranties and distinguish them from statements of opinion.
List and describe additional performance issues.
List and describe buyer and lessee remedies for seller and lessor breach of sales and lease contracts.
List and describe seller and lessor remedies for buyer and lessee breach of sales and lease contracts.
Describe buyer and lessee performance of sales and lease contracts.
Describe seller and lessor performance of sales and lease contracts.
Describe the provisions of the United Nations Convention for the International Sale of Goods(CISG) and how they apply to international sales contracts.
Identify who bears the risk of loss when goods are stolen and resold.
Describe what party bears the risk of loss of goods in lease contracts.
Describe which party bears the risk of loss of goods in conditional sales contracts.
Describe what party bears the risk of loss of goods where there has been a breach of a sales contract.
Describe what party bears the risk of loss of goods where there is no breach of the sales contract.
Describe how title to goods passes in sales contracts.
Describe how letters of credit facilitate international trade.
Describe how Revised Article 2 (Sales)and Article 2A (Leases) permit electronic contracting.
Describe the UCC Statute of Frauds for sales and lease contracts.
Describe acceptance and define the UCC’s additional terms rule and written confirmation rule.
Describe the formation of sales and lease contracts and define the firm offer rule.
Define lease contracts governed by Article 2A of the UCC.
Define sales contracts governed by Article 2 of the UCC.
Describe the Uniform Commercial Code (UCC).
Define domain name and describe how domain names are registered and protected.
List and describe laws that regulate unfair information technology practices.
Describe electronic licensing of software and information rights.
Describe the provisions of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
Describe electronic commerce and web contracts.
Explain how email contracts and text contracts are formed.
Describe torts associated with contracts, including the tort of bad faith.
Identify when contract disputes are to be resolved using arbitration.
Describe the equitable remedies of specific performance, reformation, and injunction.
Describe rescission of a contract and the payment of restitution.
Define liquidated damages and describe when they are awarded.
Explain mitigation of damages and describe when this is required.
Define nominal damages and describe when they can be awarded.
Define consequential damages and describe when they can be awarded.
Define compensatory damages and describe when they can be awarded.
Describe the monetary damages that can be awarded when there is a breach of contract.
Describe complete, substantial, and inferior performance of contractual duties.
Define statute of limitations and explain how it applies to contract disputes.
Explain when the performance of a contract is discharged by agreement or impossibility of performance.
Distinguish between conditions precedent, conditions subsequent, and concurrent conditions.
Define covenant and describe how it is an unconditional promise to perform.
Define third-party beneficiary and distinguish between intended and incidental beneficiaries.
Describe delegation of duties and what duties cannot be delegated.
Describe assignment of contract rights and what contract rights are assignable.
Define promissory estoppel and apply this equitable doctrine.
Describe and apply the parol evidence rule.
Describe the formality of written contracts.
Describe and apply the equitable doctrine of part performance.
Describe the UCC Statute of Frauds that applies to the sale and lease of goods.
List the common contracts that must be in writing under the Statute of Frauds.
Define and apply the equitable doctrine of undue influence.
Define duress and describe how it affects the enforcement of a contract.
List and describe the various types of fraud.
List and describe the elements necessary to prove intentional misrepresentation (fraud).
Define mistake as it applies to contracts and list the types of mistakes.
Define unconscionable contract and determine when such contracts are unenforceable.
Describe licensing statutes and identify the effects of violating these statutes.
Describe business restrictive agreements, including confidentiality agreements, nonsolicitation agreements, and noncompete agreements.
Describe exculpatory agreements and identify when they are lawful.
Describe lawful contracts and identify illegal contracts that are contrary to statutes and those that violate public policy.
Explain how intoxication may affect contractual capacity.
Define mental incompetence and explain how it can affect contractual capacity.
Define and describe the infancy doctrine.
Define and apply the equitable doctrine of promissory estoppel.
Define accord and satisfaction in settling a disputed claim.
List and describe special business contracts, including output contracts, requirements contracts, and best-efforts contracts.
Describe contracts that lack consideration, such as those involving illegal consideration, an illusory promise, a preexisting duty, or past consideration.
Define gift promise and identify whether gift promises are enforceable.
Define consideration and describe the requirements of consideration.
Define acceptance and apply the mirror image rule
Describe how offers are terminated by operation of law.
Describe how offers are terminated by acts of the parties and define counteroffer.
List and describe special types of offers, including advertisements and auctions.
Define offer and describe express and implied terms of an offer.
Define agreement.
Learn how contract law applies to electronic commerce (e-commerce).
Define equity and learn how to apply the doctrine to contract disputes.
Define express and implied-in-fact contracts and describe the difference between them.
List and describe the classifications of contracts.
Explain the objective theory of contracts.
List and describe the sources of contract law.
Define contract and describe the elements necessary to form a valid contract.
Explain the protections provided by the Double Jeopardy Clause, the right to a public jury trial, the right to counsel, and protection against cruel and unusual punishment.
Explain the Fifth Amendment privilege against self-incrimination and other privileges recognized in criminal matters.
Explain the Fourth Amendment protection from unreasonable search and seizure.
List and describe cybercrimes.
Identify and describe business and whitecollar crimes.
Describe common crimes such as murder, robbery, and larceny.
Describe a criminal trial and the standard of proof that must be met to find a person guilty of a crime.
Describe criminal procedure, including arrest, indictment, and arraignment.
Define crime and describe the essential elements of a crime.
Define dilution and describe the forms of dilution of a trademark.
Define trademark and service mark and describe the penalties for trademark infringement.
Describe the items that can be copyrighted and describe the penalties for copyright infringement.
Describe how an invention can be patented and the penalties for patent infringement.
Define trade secret and describe the misappropriation of a trade secret.
Define intellectual property and list the types of intellectual property.
List and describe the defenses that may be raised against a product liability claim.
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