Bmgt380 - Study guides, Class notes & Summaries

executed contracts - ️️when all of the parties have fully performed their contractual duties until such duties have been fully performed Relationship of the UCC and the Common Law of Contracts - ️️code does not change all of the traditional contract rules. courts have demonstrated a signifigant tendency to apply code contract concepts by analogy to some contracts that are not technically governed by article 2 express contracts - ️️parties have directly stated in terms of their ...

Trial courts - ️️Where most cases get started in the state court system. Differ from courts of limited jurisdiction in 2 important ways: -No limit to what they can hear -Is a court of record. Typically every county in each state has one of these courts, and may be called circuit, county or superior courts. May have criminal vs. civil distinctions however. In Personam - ️️Against a person. A legal proceeding instituted to obtain decrees or judgments against a defendant, either a pe...

Ancillary Covenant Not to Compete - ️️a promise that is ancillary to (part of) a valid contract whereby one party to a contract agrees not to compete with the other party for a specified time and within a specified location. aka, non-competition clause Public Policy - ️️widely shared view about ideas, interests, institutions, or freedoms to promote pubic welfare *changes over time, rarely absolute* Illegal Agreement - ️️i. violates statutes ii. violate public policy determined...

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