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GBL 385 Exam #2 Study Guide with Complete Solutions

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  • GBL 385

GBL 385 Exam #2 Study Guide with Complete Solutions REVIEW OF THE TYPES OF LEGAL LIABILITY - Answer️️ -(1) STATUTORY LIABILITY (2) CONTRACT LIABILITY (3) TORT LIABILITY What is a Contract? - Answer️️ -A contract Is a Legally Enforceable Agreement (offer and Acceptance) Voluntarily En...

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  • September 15, 2024
  • 18
  • 2024/2025
  • Exam (elaborations)
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  • GBL 385
  • GBL 385
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GBL 385 Exam #2 Study Guide with
Complete Solutions


REVIEW OF THE TYPES OF

LEGAL LIABILITY - Answer✔️✔️-(1) STATUTORY LIABILITY


(2) CONTRACT LIABILITY

(3) TORT LIABILITY

What is a Contract? - Answer✔️✔️-A contract Is a Legally Enforceable Agreement (offer

and Acceptance) Voluntarily Entered Into between two (or more) Competent Parties, to

Do or Not to Do something that is Possible to Be Done, that is Not Unlawful, and that is

supported by Consideration.

A valid contract must... - Answer✔️✔️-A validly formed contract must provide a basis for

determining the existence of a breach and for giving an appropriate remedy

[Restatement § 33].

Non-goods contracts - Answer✔️✔️-Non-goods contracts, according to the Restatement,

must include terms that are sufficiently definite and certain;

Goods Contracts - Answer✔️✔️-goods contracts, on the other hand, do "not fail for

indefiniteness even if one or more terms are left open if the parties intended to make a

contract and there is a reasonably certain basis for giving an appropriate remedy."

examples of certain categories of contracts

(All regulated in some manner by statute) - Answer✔️✔️-1) Employment Contracts


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, ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM


2) Insurance Contracts

3) Arbitration Agreements

4) Wealth transfer contracts

5) Financial services

Employment Contracts - Answer✔️✔️-presumption of the employment contract is that it is

for an indefinite period of time and is considered "at will"; including non competition

agreements and benefit provisions

Insurance Contracts - Answer✔️✔️-shifting risk of loss by contract; a requirement of law

in many circumstances (health insurance, vehicles, government work, liability)

Arbitration Agreements - Answer✔️✔️-contractually removing certain disputes from

litigation and using alternate dispute resolution instead of court.

Financial Services - Answer✔️✔️-loans; investments

Wealth Transfer Contracts - Answer✔️✔️-wealth that passes upon death via contracts

established during life, including the use of trusts, IRA's, life insurance

Types of Contracts - Answer✔️✔️-1) Express - an agreement manifested by words

2) Implied-in-fact - an agreement manifested by conduct

Economic Damages - Answer✔️✔️-Economic damages refers to compensation for

objectively verifiable monetary losses such as past and future medical expenses, loss of

past and future earnings, loss of use of property, costs of repair or replacement, the

economic value of domestic services, loss of employment or business opportunities.

Non Economic Damages - Answer✔️✔️-Damages for noneconomic losses are damages

for pain and suffering, emotional distress, loss of consortium or companionship, and


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