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Part 2.  Civil Law  Overview of Contracts  Offer and Acceptance  Genuine Assent.

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Presentation on theme: "Part 2.  Civil Law  Overview of Contracts  Offer and Acceptance  Genuine Assent."— Presentation transcript:

1 Part 2

2  Civil Law  Overview of Contracts  Offer and Acceptance  Genuine Assent

3  Also known as Tort law  Against a person  NO Jail time ever!  Burden of proof much lower than in criminal act  98% or so get settled before going to court  Duty, breach, injury and causation  Damages ($$)

4  These deal with the ways the laws are defined  Used as the basis of all lawsuits and criminal activities  Follows local Statutes (Laws)

5  Deals with the rights a person has when they are arrested or a lawsuit is filed against them  Things like Miranda Rights or right to file an answer to a lawsuit

6  An injury  No injury, no case  Can be $$, property or physical

7  Time limit a person has to file a lawsuit or press charges over a criminal activity  Usually limited based on state or based on act  No statute of limitations on murder or rape in NYS

8  You can never threaten to file a lawsuit against another person unless you plan to do it  If you do this, you are extorting them illegally to do something

9  Compensatory- meant to compensate for the loss of the person  Punitive- meant to punish the defendant  Rescission- used to allow a person to back out of a contractual situation  ** Compensatory damages are ALWAYS asked for in every suit, unless they settle. If they settle, its up to the 2 parties.

10  Fraud is based on misrepresentation  Fraud is an “INTENTIONAL” misrepresentation of a fact  Meant to mislead someone into thinking a statement is true or correct when it actually is not

11  Conversion- commonly known as theft in a civil case  Person who steals is a convertor

12  Offer and acceptance- both sides agree on acceptable terms  Genuine assent-not being forced or mislead into contract  Consideration- both sides gain something  Capacity-ability to understand a contracts terms  Legality- Contract deals with legal items  Writing – some not all contracts, must be in writing to be valid

13  Material facts are something that is important to the person making the contract and could greatly influence them on what to do  Implied terms are something that is understood without needing to be spoken or written into a contract  Ex) It is implied that you will pay for your goods before leaving the store

14  Rule that states the acceptance in a contract must match the offer “exactly” as it is given  Any changes means it’s a counteroffer and therefore not complete

15  This is a grossly unfair contract to one side or the other  Grossly unfair means one side is taking advantage of the other  Courts will make the contract void so to make it fair

16  Must take place “Prior” to ratification  Rescind means to take back  Ratification is the intent to be bound by a contract  Best way to ratify is to sign the contract

17  Based on Business or Retail agreements  Retailers sell goods  Firm offers are used (Rain checks)  Firm offers are good for 3 months unless otherwise stated (Can be longer)

18  Based on sale of services or property  NON-Retail agreements  Options are used (Collateral or a down payment)  Options allow a person to have time to make a final decision and bind the offer made for the time agreed

19  Offeror is the person who makes the offer  Offeree is the person who accepts the offer


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