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The free exercise clause
guarantees that no person can be compelled to do something that is contrary to his or her religious beliefs
requires health-care providers and health-care plans, including certain employers who sponsor health plans, to inform patients of their privacy rights and of how their personal medical information may be used. The act also states that a person’s medical records may not be used for purposes unrelated to health care such as marketing
two elements must exist for a person to be convicted of a crime 1) the performance of a prohibited act 2) a specified state of mind, or intent, on the part of the actor.
guilty act. Is based on one of the premises of criminal law—that a person should be punished for harm done to society.
the required mental state, or intent, is indicated in the applicable statute or law. (state of mind)
the mental state in which the defendant deviates from the standard of care that a reasonable person would use under the same circumstances.
breaking and entering
is stealing or theft
Three types of bribery are considered crimes: bribery ofpublic officials, commercial bribery, and bribery of foreign officials. Realize that the crime of bribery occurs when the bribe is offered.
- Involuntary Intoxication occurs when a person either is physically forced to ingest of inject an intoxicating substance or is unaware that such a substance contains drugs or alcohol.
- Voluntary Intoxication may be effective in cases in which the defendant was so extremely intoxicated as to negate the state of mind that a crime requires.
wrongful threat of one person induces another person to perform an act that he or she could not otherwise have performed
“promise for a promise”
“promise for an act” (acceptance is the completed performance of the act)
formed by words (oral, written, or a combination)
when a party performs exactly as agreed, there is no question as to whether the contract has been performed
Breach of Contract
nonperformance of a contractual duty. If the breach is minor (not material) the nonbreaching party’s duty to perform can sometimes be suspended until the breach has been remedied, but the duty to perform is not entirely excused. Once the minor breach has been cured, the nonbreaching party must resume performance of the contractual obligations undertaken.
Before either party to a contract has a duty to perform, one of the parties may refuse to carry out his or her contractual obligations
Discharge by Rescission
the parties must make another agreement that also satisfies the legal requirements for a contract. Rescission is the process by which a contract is cancelled or terminated and the parties are returned to the positions they occupied prior to forming it.
Discharge by Novation
requires 1) a previous valid obligation 2) an agreement by all the parties to a new contract 3) the extinguishing of the old obligation (discharge of the prior party) 4) a new contract that is valid
Discharge by Substituted Agreement
an agreement will be substituted as a new contract and it will either expressly or impliedly revoke and discharge the obligations under any prior contract.
Discharge by Accord and Satisfaction
The parties must agree to accept performance that is different from the performance originally promised.
Alteration of the Contract
the law operates to allow an innocent party to be discharged when the other party has materially altered a written contract without consent.
Objective Impossibililty of Performance
- (“It cant be done”)
- Subjective impossibility (“I’m sorry I simply cant do it”)
the anticipated performance must become significantly more difficult or costly than originally contemplated at the time the contract was formed
foreseeable damages that result from a party’s breach of contract. They differ from compensatory damages in that they are caused by special circumstances beyond the contract itself.
Liquidated Damages Provisions
in a contract specifies that a certain dollar amount is to be paid in the event of a future default or breach of contract (Liquidated means determined, settled, or fixed)
provisions stating that no damages can be recovered
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