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FIL 185 Varner Exam 2
Terms in this set (53)
Uniform commercial code
sale of goods
The legally enforceable exchange of promises
The inducement to contract; whats being exchanged?
Doing something you're not legally obligated to do
Statute of Frauds
Must be in writing to be enforceable, to prevent error and misunderstanding and emphasizes the significance of the contract
money the party should get for compensation if the other party fails to follow with the contract
if the plaintiff is at all to blame for his own injury, then the defendant cannot be held liable
Defendant is only liable for his share of the injury
Tenant is not physically removed but the landlord allows conditions to become unbearable that tenant has no reasonable alternative but to move out
written, broadcast or published defamation
2.of a material fact
3.made with knowledge of the falsity of the statement
4.with intent to cause another to act
5.which in fact causes another to act to his detriment or injury
the party who has suffered loss has to take reasonable action to minimize the amount of the loss suffered
the defendant to compensate the victim for losses suffered as a result of the crime
Liability without fault and without regard for the defendants state of mind
Intent, plus the reasonable apprehension of an imminent battery
An act taking an unreasonable risk, breaching on duty of due care, causing injury
Voluntarily turning over personal property to another for the accomplishment of same purpose
Power of the state to regulate and restrict the use of real property
A type of contract defense where pressure exterted upon a person to coerce that person to perform an act they ordinarily would not perform.
court orders to a party to perform a specific act.
a volitional act committed with the substantial certainty that harm will result
Intentional contact that is harmful or offensive
Intent, plus confinement against ones will without a reasonable means of escape
The improvement or augmentation of personal property by artificial means
A non possessing interest in land that entitles the owners of the easement to a limited use or enjoyment of the land. (Easments run with the land)
Govt can take land from owners for public use with just compensation
Intentional statement that is false and that harms someones reputation
What are the different types of implied contracts?
Implied in fact and implied in law
4 elements of a valid contract
1. Mutual agreement
3. Legality of contract
4. Capacity of the parties
All Contract Defenses
equitable remedies available in contract cases?
1. Injunction (stop that)
2. Specific performance (do something)
Determining whether a tort has been committed? aka Universal Tort Analysis (This is Important!!)
1. Is there a legally protected interest?
2. What is the nature of the defendants conduct?
3. Is there a sufficiently close connection between the defendants act and the plaintiffs injury?
4. Are there any defenses?
Intentional as it applies to tort law
doing something with purpose to it
What is the difference between libel and slander?
libel is untrue defamatory statement in writing slander is spoken orally
4 elements of defamation
1. Defamatory statement
Defenses of intentional torts
1. good Samaritan law
3. self defense
4. defense of others
5. defense of property
What is the reasonable person standard?
-would a reasonable person have taken this risk?
yes= not negligence
no= probably negligence
Defenses for claims of negligence
-Assumption of the risk
primary categories of strict liability cases?
rights you have under the law with regards to property?
Right of title
Elements needed in order to have a valid gift?
need donative intent
What are the four main types of tenancies in landlord/tenant law? ( this is important
-Tenancy for years
-Tenancy at will
-Tenancy at sufferance
Landlord duties under landlord/tenant law?
-covenant of quiet enjoyment
-give tenant full possessing rights
-minimum standard of liability (responsible for repairs)
What are the three sources of modern contract?
1. Common Law
2. Restatement second of contracts.
3. Uniform Commercial code
Parties talked about terms in advance.
Intentional Infliction of Emotional Distress
Intent, plus outrageous conduct , plus server distress
Slander per se
Spoken statement, but we treat it like libel
Palsgraf v. Long Island Railroad
1. Connect the dots between action and injury
2. The injury must have been foreseeable by the defendent
What are the four criteria for a patents
2. Novelty (new)
3. Utility (useful)
4. Subject matter requirement ( can't patent a discovery)
How can real property be owned concurrently?
1. Tenants in common
2. joint tenancy
ideas 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
What are the rights that copyright owners have with respect to their work?
2) derivative works
4) public performance and display
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