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Exam 2 FIL 185
Terms in this set (52)
Uniform Commercial Code
one root of Modern Contract Law; make contract law the same across the U.S. only for the sale of goods; provides us with uniform system to deal with contracts across the U.S.
misrepresentation of a material fact made with knowledge of the falsity of the statement with intent to cause another to act, which in fact causes another to act to his/her detriment or injury
an improper threat that is sufficiently grave that it leaves the victim with no reasonable alternative but to accept the contract
ex: "If you don't enter into the contract, I will spread a rumor that you beat your wife"
legally enforceable exchange of promises
sometimes parties to a contract have an obligation to minimize the amount of damages that accrue;
ex: if I'm mowing someone's lawn and they stop paying me, I have an obligation to minimize damages. in other words, I can't keep mowing their lawn if they are not paying me
court orders the parties to comply with the terms of the contract only when cases involve goods that are unique and the sale of land
the inducement to contract; what's being exchanged; each person has to have a benefit and detriment, and a bargain for exchange must take place
putting the party back in the position he was in before the contract was made
a civil wrong
doing something you're not obligated to do outside of the contract OR not doing something that you have the legal right to do outside of the contract
some kinds of activities that come with an extra level of danger; if you do an extreme activity and someone gets hurt, you are completely liable
intentional contact that is harmful or offensive; type of intentional tort
Statute of Frauds
the law that tells us when a contract must be in writing in order to be enforceable; protects against fraud and perjury, protects against faculty memories, helps clarify terms, emphasizes significance of contract
intent and reasonable apprehension of an imminent battery (no contact); ex: swing at someone and miss; point a gun at the head; type of intentional tort
intent and confinement against one's will without reasonable means of escape
parties agree in advance what the damages will be if there's a breach of contract
an act taking an unreasonable risk, breaching a duty of due care, causing injury; to be held liable, injury must be FORESEEABLE
addition of something to personal property through the addition of labor
if the plantiff is at all responsible for his own injury, he cannot recover from a negligent defendant-- on its way out of the system because it's not fair to let someone off the hook if they are partly to blame
voluntarily turning over personal property to another for the accomplishment of some purpose
non-possessory interest in land that entitles the owner of the easement to a limited use or enjoyment of the run of the land; they can go on forever
the defendant is only liable for his share of the injury
the power of the state to regulate and restrict the use of real property; we have it because it segregates uses, promotes orderly development of property, and protects environment
government can take real property for public use with just compensation
Landlord does not physically remove tenant but allows conditions to become so unbearable that the tenants are forced to live
spoken defamation; type of defamation that must be proven
intentional statement that is false and that harms someone's reputation
written or broadcasted or published defamation; type of defamation that is presumed
1) implied-in-fact contract: terms are never openly discussed, but actions of parties indicate an existence of an agreement (ex: someone paying you for you to mow their lawn)
2) quasi-contract: courts will infer existence of contract for reasons of fairness (contract is never made for doctor to treat dying child before the fact, but doctor is still required to be paid for providing a service)
What are the different types of implied contracts?
mutual agreement, consideration, legality of object, capacity of the parties
What are the 4 elements of a valid contract?
bargain for exchange and if both parties have a benefit and detriment
What do we look for to see whether there is valid consideration for a contract?
When contracts fall under the SoF:
1) sale of goods over $500
2) contracts not performable within 1 year
3) sale of land
4) contracts to answer for the debt of another (cosigner for a loan)
5) prenuptial agreements
Why we have the SoF:
1) to protect against fraud and perjury
2) protect against faculty memories
3) a writing helps clarify terms
4) helps to emphasize significance of contract
When and why does the Statute of Frauds apply to contracts, requiring them to be in writing?
fraud, duress, undue influence (unfair persuasion of a party because of relationship of trust or domination), unconscionability (if contract is offensive--courts must decide if it is offensive)
What are the contract defenses?
specific performance, injunction (court order telling someone to stop doing something), restitution
What are some equitable remedies available in contract cases?
1) Is there a legally protected interest?
2) What is the nature of the defendant's conduct?
3) Is there a sufficiently close connection between the defendant's act and the plaintiff's injury?
4) Are there any defenses?
Universal Tort Analysis--> questions we ask in determining whether a tort has been committed (4 questions)
means that the act is volitional (actor has control over) and act is committed with the substantial certainty that harm will result
What does the term "intentional" mean as it applies to tort law?
Slander is spoken defamation, libel is written, broadcasted, or published defamation
Slander injury has to be proven, libel injury is presumed
What is the difference between "libel" and "slander"?
1) has to be a defamatory statement
2) falseness--must be false
3) communication--statement has to be communicated to at least one other person besides the two parties involved
4) injury--slander or libel (could be slander per se--slander so severe it is treated as libel
What are the elements that the plaintiff must prove in order to win a defamation suit?
it is very hard for a public figure to win a defamation case because we want the press to feel free to tell us about the people, they are in a position to refute the statement, and they are required to show actual malice which can be very hard to show
If the defendant in a defamation case is a public figure, what impact does it have on the case?
1) Good Samaritan Law (can't be held liable if you hurt someone while trying to help them)
3) self-defense--reasonable defense
4) defense of others
5) Defense of property
What are the defenses to intentional torts?
asks the question of "Did defendant act the way a reasonable person would act under the circumstances?" yes = not negligence; no= negligence
What is the Reasonable Person Standard?
to be held liable for negligence, injury must be foreseeable--Benjamin Cardozo
What is the rule for proximate cause in cases of negligence based on the case of Palsgraf v. Long Island Railroad?
contributory negligence, comparative negligence, assumption of the risk (if you know there's risk in an activity, you can't recover from a negligent defendant if you are injured because you assumed the risk)
What are the defenses for claims of negligence in tort law?
ultrahazardous activities, fire, animals
What are the primary categories of strict liability cases?
possession, use, disposition (right to dispose of property), right of title (ownership backed up by force of law)
When you own property, what are the rights you have under the law with regard to that property?
What are the elements needed in order to have a valid gift?
1) tenancy for years--fixed start and end date
2) periodic tenancy--fixed start but don't know the end date (must provide notice of termination if one party wants out)
3) tenancy at will--can be terminated at any time, no notice required --> most jurisdictions today say 30-day notice
4) tenancy at sufferance--landlord can sue for damages or evict a tenant if the lease is expired and he/she still lives there
What are the four main types of tenancies in landlord/tenant law?
1) Covenant of Quiet Enjoyment--Landlord must provide tenant with full possessory rights
2) Implied Warranty of Habitability-- premises must adhere to minimum standards of liveability and the landlord is generally responsible for repairs
What are the landlord's duties under landlord/tenant law?
1) inventiveness--requires skill, cannot be obvious discovery
2) novelty--must have been previously unknown
3) utility--must be useful
4) subject matter requirement--only inventions NOT discoveries are eligible for a patent
What are the four criteria for granting a patent?
2) derivative works
4) public performance and display
What are the rights that copyright owners have with respect to their work?
deas aren't copyrightable, but expressions of ideas are copyrightable
ex: the idea of writing a love song isn't copyrightable but making your own love song is copyrightable
1) Tenants in common--when one owner dies, the deceased's heirs get his share
2) joint tenancy--when one owner dies, the survivor (other owner) gets his share
How can real property be owned concurrently?
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