Baby Bar key terms

A clear expression of willingness to enter a contract on stated terms, communicated to another person, that gives that person the power to accept and create a binding agreement.

An unequivocal agreement to all terms of an offer, communicated by the offeree in the manner invited or required, which turns the offer into an enforceable contract.

Something of legally recognized value exchanged by each party, such as a promise or performance, that induces the other party to make a deal and makes the promise enforceable.

A doctrine allowing enforcement of a promise without consideration when the promisor reasonably expected reliance, the promisee actually relied, and injustice can be avoided only by enforcing the promise.

A rule requiring certain contracts, such as those involving land or lasting more than one year, to be evidenced by a writing signed by the party to be charged.

The common-law requirement that an acceptance match the offer's terms exactly; a response adding or changing terms is generally a counteroffer rather than an acceptance.

A promise to keep an offer open for a stated period, supported by consideration or made enforceable by statute, during which the offeror cannot revoke the offer.

An unambiguous statement or act by a contracting party, before performance is due, indicating that the party will not perform, which can excuse the other party's remaining duties.

A failure to perform that is significant enough to excuse the injured party from further performance and may allow that party to sue for total breach damages.

Performance that satisfies the main purpose of a contract despite minor deviations, generally allowing the performing party to recover the contract price minus damages for the defects.

An event or act that must occur before a party's duty to perform arises; if the condition fails, the duty generally does not become enforceable.

A rule limiting use of prior or contemporaneous oral statements and writings to contradict or vary a fully integrated written contract, though evidence may be admitted for other purposes.

A contract defense allowing a court to refuse enforcement of terms that are both procedurally unfair, such as hidden or pressured terms, and substantively oppressive or one-sided.

The physical element of a crime: a voluntary act, or sometimes an omission where a legal duty exists, that causes the prohibited result.

The mental element of a crime, meaning the state of mind or level of awareness the defendant must have had regarding the prohibited conduct or result.

A mental state requiring the defendant to intend a particular result or to commit an act for a specific purpose, such as intent to permanently deprive in larceny.

A mental state requiring only that the defendant intentionally performed the prohibited act, without needing to intend a further result or specific consequence.

A reckless disregard for an obvious or known risk to human life, or an intent to cause death or serious bodily harm, often used in murder and arson.

Liability imposed for a crime without proof of mens rea, typically for regulatory offenses or offenses involving minors, where the act alone suffices.

Liability for a crime committed by another when the defendant intentionally aids, abets, counsels, or encourages the principal's commission of the offense.

An inchoate offense requiring specific intent to commit a target crime and a substantial step beyond mere preparation that strongly corroborates that intent.

An agreement between two or more people to commit an unlawful act, plus an overt act in many jurisdictions, creating liability for the agreed crime and foreseeable crimes.

A murder rule holding a defendant liable for a death occurring during the commission of an inherently dangerous felony, often without proof of intent to kill.

An intentional killing mitigated from murder to manslaughter by adequate provocation or an honest but unreasonable belief in the need for self-defense.

The use of reasonable force to protect oneself from an imminent threat of unlawful force, with deadly force allowed only against a threat of death or serious bodily harm.

A legal obligation to act as a reasonably prudent person would under similar circumstances, owed to foreseeable plaintiffs who may be harmed by one's conduct.

A failure to meet the applicable standard of care, shown by conduct falling below what a reasonable person would do in the same situation.

The cause-in-fact link between the defendant's conduct and the plaintiff's harm, often tested by asking whether the harm would have occurred without the conduct.

A policy-based limit on liability requiring a sufficiently close connection between the defendant's conduct and the harm, excluding harms outside the risk created.

A doctrine permitting negligence to be inferred when an accident ordinarily does not happen without negligence, the instrumentality was under the defendant's control, and the plaintiff did not contribute.

A rule treating a defendant's violation of a safety statute as breach of duty when the plaintiff is within the class the statute protects and the harm is the type it prevents.

A system reducing a plaintiff's recovery in proportion to the plaintiff's own fault, with some jurisdictions barring recovery if the plaintiff's fault exceeds the defendant's.

A defense based on the plaintiff's voluntary and knowing exposure to a known danger, which may bar or reduce recovery depending on the jurisdiction.

An intentional tort requiring harmful or offensive contact with another person's body or something closely connected to it, without consent or legal justification.

An intentional tort requiring an act causing reasonable apprehension of imminent harmful or offensive contact, without consent, even if no contact occurs.

An intentional tort requiring confinement of a person within fixed boundaries, without consent or legal authority, where the person is aware of or harmed by the confinement.

A false statement of fact about the plaintiff published to a third party that harms reputation, with constitutional limits requiring fault in many cases involving public figures or public concern.

Liability of a commercial seller for a defective product that causes harm, regardless of fault, when the defect makes the product unreasonably dangerous and the plaintiff uses it as intended.

Liability imposed on one person for the torts of another, commonly an employer for an employee's torts committed within the scope of employment.