With Complete Solutions
49 percent rule Correct Answers Plaintiff may not recover if
the plaintiff's fault is equal to or greater than the defendant, (thus
recovery is possible if plaintiff's fault is between one and 49
percent)
A landowner is not liable for natural conditions on the land that
can cause injury either on or off the land except for.. Correct
Answers trees, where the duty is greater in urban areas than in
rural areas.
A mistake in a contract is a perception that does not agree with
the facts. While some mistakes do not affect the parties' rights,
others make the agreement voidable or Correct Answers
Unenforceable.
A void contract is not Correct Answers legally enforceable or
binding.
agent's oral agreement is Correct Answers binding
An incidental beneficiary Correct Answers unable to sue to
enforce a contract - Any duty to the citizen is indirect.
An insurer must know of a breach of condition under the policy
before it can Correct Answers waive that condition
Another term for trade libel is Correct Answers Product
disparagement.
, Bilateral Contract Correct Answers A type of contract that
arises when a promise is given in exchange for a return promise.
Chattel Correct Answers tangible, movable personal property
Common Law Vs. Today's Law Correct Answers A property
owner who leased the property to another was not liable under
common law for injuries resulting from the disrepair of the
property or from other dangerous conditions, whether the
condition resulted in injury to the tenant or to a third person.
Today, an owner or landlord is liable when injury results from
negligently made repairs or from a concealed danger on the
premises that the owner knows about but that the tenant cannot
know or easily discover by the use of ordinary care.
Condition concurrent Correct Answers An event that must
occur at the same time as another condition in a contract.
Condition precedent Correct Answers An event that must occur
before a duty of performance arises in a contract.
Condition subsequent Correct Answers An event that, if it
occurs, discharges a duty of performance in a contract.
Contra proferentum Correct Answers meaning "against the
offeror." Ambiguous language is interpreted against the interests
of its creator. This encourages parties to be as clear as possible
when drafting contracts.