Perry binder exam gsu - Study guides, Class notes & Summaries

intent - Answer :If both parties make a big mistake on the contract then we got no contract. -no mutual mistake unilateral mistake: A mistake that occurs when one party to a contract is mistaken as to a material fact. (wells fargo case) Breach of express contract 1 existence of valid contract 2 breach 3 plaintiff notified defendant of breach 4 plaintiff performed all conditions precedent to filling action 5 damages - Answer plaintiff performed all conditions precedent to filling: before...

DUI - Answer Driving under the influence of alcohol or any mind altering substance. sleeping in the car while intoxicated, sitting in the driver's seat too intoxicated w- slumped over keys in his hand 4th amendment - Answer No unreasonable searches or seizures Warrant - Answer *Police need probable cause, based on objective, articulated facts* -A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

unitive damages - Answer Damages that are sometimes awarded in a civil suit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public. Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future. Also called exemplary damages. intentional tort - Answer *NO CAP* A wrongful act knowingly committed.

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Service of process - Answer delivery of a writ, summons, subpoena to the person named therein Substitute service - Answer If someone you live with receives your salmon and is old enough to understand it it can be good service Comparative negligence - Answer 1. Asked to assign a percent of liability to plaintiff and defendant 2. If plaintiff is found 50% or more responsible plaintive gets nothing

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