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Assumption of the risk - A defense to claims of negligence in which the injured party knew that a substantial in apparent risk was associated with certain conduct and the party went ahead with a dangerous activity anyway Computer Fraud and Abuse Act (CFAA) - Federal legislation that prohibits una...

Don enters into a contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promise, Don learns that Eve does not have access to any unique software and files a suit, alleging fraud. Proof of an in...

Frustration of purpose - A court-created doctrine under which a party to a contract will be relieved of his or her duty to perform when the objective purpose for performance no longer exists (due to reasons beyond that party's control). Based on Bluto's conduct, Cass reasonably believes that De...

what is anticipatory repudiation? - Doctrine under which, when one party makes clear that party has no intention to perform as agreed, nonbreaching party is entitled to recover damages in anticipation of breach rather than waiting until performance is due. what are the five consent defects? - 1. ...

discovery includes - interrogatories, requests for admission, requests for documents, subpoenas, depositions discovery rules - discovery is allowed regarding any matter that is relevant to the claim or defense of any party define a controlling precedent - a binding authority that requires a cour...

Constitutional Law - Supreme law that is the trump card. Federal government and the states have separate written constitutions that set forth the general organization, powers, and limits of the respective governments. Law as expressed in these constitutions. If a law violates a provision of the c...

John tells Jami he would sell her his grandmother's wedding ring for $100.00. Jami accepts and they exchange the ring and the money. Two days later, John tells Jami that he was only joking and now wants the ring back and he will give her the money back. According to the objective theory of contra...

Bilateral (Mutual) Mistakes of Fact - A mistake by both contracting parties about one or more material facts generally entitles either party to rescind the contract What are two defenses to the enforceability of a contract? - The parties must both voluntarily consent to a form, a contract, or the...

Depositions are a. oral questions, answered orally, asked of parties and witnesses. b. oral questions, answered orally, asked only of parties. c. written questions, answered in writing, asked of parties and witnesses. d. written questions, answered in writing, asked only of parties. - a. oral qu...