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Law: Difference between revisions
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= Business Negotiations and Contracts = | = Business Negotiations and Contracts = | ||
== Business Negotiations and Contracts - Lesson 1 | == Business Negotiations and Contracts - Lesson 1 - About forming contracts == | ||
In '''[[w:common law|common law]]''' ( [[w:fi:tapaoikeus]] ) legal systems, a '''[[w:contract|contract]]''' is an agreement having a lawful object entered into voluntarily by two or more [[w:party (law)|parties]], each of whom intends to create one or more legal obligations between them. | In '''[[w:common law|common law]]''' ( [[w:fi:tapaoikeus]] ) legal systems, a '''[[w:contract|contract]]''' is an agreement having a lawful object entered into voluntarily by two or more [[w:party (law)|parties]], each of whom intends to create one or more legal obligations between them. | ||
::The elements of a contract are "offer" and "acceptance" by "competent persons" having [[w:legal capacity|legal capacity]] who exchange '''[[w:consideration|consideration]]''' to create "mutuality of obligation." ( Wikipedia ) | ::The elements of a contract are "offer" and "acceptance" by "competent persons" having [[w:legal capacity|legal capacity]] who exchange '''[[w:consideration|consideration]]''' to create "mutuality of obligation." ( Wikipedia ) | ||
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* An '''[[w:unenforceable|unenforceable]]''' contract or transaction is one that is valid, but which the court will not enforce. ( Wikipedia ) | * An '''[[w:unenforceable|unenforceable]]''' contract or transaction is one that is valid, but which the court will not enforce. ( Wikipedia ) | ||
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== Business Negotiations and Contracts - Lesson 3 == | == Business Negotiations and Contracts - Lesson 3 - Breach of contract == | ||
'''[[w:Breach of contract|Breach of contract]]''' ( [[w:fi:sopimusrikkomus]] tai sopimusrikko ) is a [[w:legal|legal]] [[w:cause of action|cause of action]] in which a [[w:binding agreement|binding agreement]] or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. ( Wikipedia ) | '''[[w:Breach of contract|Breach of contract]]''' ( [[w:fi:sopimusrikkomus]] tai sopimusrikko ) is a [[w:legal|legal]] [[w:cause of action|cause of action]] in which a [[w:binding agreement|binding agreement]] or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. ( Wikipedia ) | ||
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# [[w:Delivery (commerce)|Delivery]] by [[w:common carrier|common carrier]] other then [[w:sales|seller]] ( loss of risk is transferred to buyer when delivery is completed as agreed in the contract ) ( Teacher ) | # [[w:Delivery (commerce)|Delivery]] by [[w:common carrier|common carrier]] other then [[w:sales|seller]] ( loss of risk is transferred to buyer when delivery is completed as agreed in the contract ) ( Teacher ) | ||
== Business Negotiations and Contracts - Confidentiality == | == Business Negotiations and Contracts - Lesson 4.5 - Confidentiality == | ||
* '''[[w:Confidentiality|Confidentiality]]''' ( [[w:fi:Vaitiolovelvollisuus]] ) is a set of rules or a promise that limits access or places restrictions on certain types of information. ( Wikipedia ) | * '''[[w:Confidentiality|Confidentiality]]''' ( [[w:fi:Vaitiolovelvollisuus]] ) is a set of rules or a promise that limits access or places restrictions on certain types of information. ( Wikipedia ) | ||
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== Business Negotiations and Contracts - Lesson 5 == | == Business Negotiations and Contracts - Lesson 5 - Damages == | ||
* '''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' ( [[w:fi:vahingonkorvaus]] ) | * '''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' ( [[w:fi:vahingonkorvaus]] ) | ||
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== Business Negotiations and Contracts - Lesson 6 == | == Business Negotiations and Contracts - Lesson 6 - Power of attorney == | ||
A '''[[w:power of attorney|power of attorney]]''' ('''POA''') or '''letter of attorney''' ( [[w:fi:valtakirja]], valtuutus ) is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. ( Wikipedia ) | A '''[[w:power of attorney|power of attorney]]''' ('''POA''') or '''letter of attorney''' ( [[w:fi:valtakirja]], valtuutus ) is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. ( Wikipedia ) | ||
== Business Negotiations and Contracts - Terminology / vocabulary == | |||
* '''covenant''' == an agreement w/a specific promise to do or not to do something | |||
::: non-competition covenant | |||
* '''whereas''' == in contrast | |||
* injunction == obligation | |||
* '''breach''' == to break a boundary, to violate, to not fulfill | |||
* '''rescind''' cancel w/ effect of being the same position as before signing the contract | |||
* '''unwarranted''' == uncalled for, unjustified | |||
* '''contention''' == disagreement | |||
::: contentious ( adj. ) | |||
* '''efficacious''' == effective | |||
* an offer => offeror - offeree | |||
* a lease => lessor - lessee | |||
* '''statute''' == law/rule | |||
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