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FIL-185 Exam 2 Extended
Terms in this set (53)
Uniform Commercial Code
(UCC) only applies to the sale of goods
(UCC) Standardized codes and rules governing contracts for the sale of goods, adopted in all 50 states
A general and inclusive group of laws adopted, at least partially, by all the states to further uniformity and fair dealing in business and commercial transactions.
The legally enforceable exchange of promises
A legally enforceable agreement when relating to an insurance policy; for workers' compensation cases, and agreement involving two or more parties in which each is obligated to the other to fulfill promises made
The inducement to contract → (What's being exchanged)
-Was there a bargained for exchange?
-Do both parties have a benefit + a detriment?
Doing something that you're not legally obligated to do outside of contract
NOT doing something that you're legally entitled to do outside the contract
Statute of Frauds (SF)
The law that tells is when a contract must be in writing to be enforcing
Parties agree in advance what the damages will be if there's a breach
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 detriment or injury
If a party knows that the other party is going to breach the contract, the former has the obligation to mitigate, or minimize the damages that accrue.
(Ex: you mow my lawn weekly → I pay you. Then I don't pay you → thus, you stop mowing and mitigate)
An improper threat that is sufficiently grave that it leaves the victim w/ no reasonable alternative but to accept the contract.
Court orders parties to comply w/ terms of the contract.
-Goods that are unique (ex: 2000 Camry = not unique, Picasso painting = unique)
*unique = 1 of a kind
-Sale of land (because all land is unique)
*(French = wrong)
A civil wrong; the civil side of a case which may or may not be criminal
Intentional contract that is harmful or offensive
Intent, plus the
of an imminent battery
Intent to keep one confide against one's will without a reasonable means of escape.
(confinement against one's will)
An intentional statement that is false + harms someone's reputation
Statement in question is spoken (must show injury)
Statement in that is written, broadcast, published (injury is presumed)
An act breaching a duty of due care, taking an unreasonable risk, causing injury.
If plaintiff (π) is at all to blame for his own injury, he is barred (excused) from recovery
Defendant (Δ) is only liable for his share of the injury
No defenses and is reserved for extraordinary circumstances.
• Activity with risk that can't be eliminated no matter how much care is used
• Not a matter of common usage (ex: demolition)
• Fire started in the course of abnormally dangerous activities (ex: setting fireworks in living room or welding inside)
-Animals (keeping a dangerous kind of pet, ex: tiger)
• No matter what happens → you are liable (thus, try to discourage the acts)
The improvement or augmentation of personal property by artificial means.
-Greatly improved value?
-Original product suffer a material change?
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 land.
-Run with the land (easement is going to remain in place, ex: driveway)
Power of the state to regulate + restrict the use of real property.
-Assigns uses to real property
(Building shops near homes, etc.)
• Segregate uses
o Preserve prop. value
o Plan for the future
o Aesthetic purposes
• Protects environment
(ex: Houston, Texas doesn't have adequate zoning laws)
The power of the government to take real property for public use w/ just compensation.
(ex: Mississippi (Nissan car company) vs. Mississippi people → Miss. people won)
(ex: Keto vs. New London 2005 → New London won)
Represents what eminent domain means today
Not physically evicted, but landlord allows conditions to become so unbearable that tenant has no choice but to move
Recompense for injury or loss (ex: McDonalds case, company paid for the woman's hospital bills)
Most contracts are express, meaning that both sides have agreed to the terms, but some contracts are implied, meaning that the parties have never openly discussed terms and may not even know they're parties to a contract. What are the different types of implied contracts?
1) Implied-in-fact contract: the parties never openly discuss terms, but their actions indicate the existence of an argument (mowing lawn for 5 yrs)
2) Quasi- contract: A court will infer the existence of a contact for reasons of fairness (doctor comes and parents don't want to pay, fairness court will force)
What are the 4 elements of a valid contract?
1. Mutual Agreement (offer + acceptance)
• Would a reasonable person think an offer was being made?
• Do the parties intent to be legally bound?
• Are the terms sufficiently specific?
o Who the parties are
o Subject matter
o Time for performance
2. Consideration - The inducement to contract→ (what's being exchanged)
• Was there a bargained for exchange?
• Do both parties have a benefit and a detriment?
3. Legality of object
• If contract requires you to do something illegal → contract is void
• The court will not uphold, recognize, or help you get your $$ back → It will leave the parties as it finds them
4. Capacity of the parties
i. Minors - can make only "voidable" contracts
a. If minor wants to void K:
-He must disaffirm the K
-Minor must provide restitution to the extent that he is able
ii. Mental impairment (basically same as minor)
What do we look for to see whether there is valid consideration for a contract?
The inducement to contract→ (what's being exchanged)
• Was there a bargained for exchange?
• Do both parties have a benefit and a detriment?
*Benefit: receiving something that you're not entitled to receive outside the K.
*Detriment: doing something that you're not legally obligated to do outside the K.
When does the Statute of Frauds apply to contracts, requiring them to be in writing?
Contracts under the statue of fraud:
-Sale of goods over $500
-K not performance w/in 1 yr
-Sale of land
-Ks to answer for the debt of another (suretyship agreements)
Why does the Statute of Frauds apply to contracts, requiring them to be in writing?
-Prevent fraud + perjury
-Protects against faulty memories
-Minimizes the possibility of misunderstandings
-Emphasizes significance of subject matter
Sometimes all the elements of a contract are present, but courts won't hold a party liable under the contract for some other reason. These reasons are called Contract Defenses. What are the Contract Defenses that we talked about in class?
1) Fraud (see vocab card)
2) Duress: An improper threat that is sufficiently grave that it leaves the victim w/no reasonable alternative but to accept the K.
o Voidable: Physical violence → K is
3) Undue influence: unfair persuasion of a person to get them to enter into a K that they otherwise wouldn't.
o Relationship of trust
o Relationship of domination/helplessness
o K that's so unfair that ir goes against the dictates of conscience
o Unequal bargaining power
o Unbalanced terms
Not all contract disputes are solved by payment of money damages. What are some equitable remedies available in contract cases?
Non-money (equitable remedies)
• Specific Performance →court orders parties to comply w/ terms of the contract
o Non-compete agreement (won't work for competition after quitting)
o (Doesn't reflect true wants of party)
What questions do we ask in determining whether a tort has been committed?
(Also known as Universal Tort Analysis. Make sure you know this!)
1. Is there a legally protected interest?
2. What is the nature of the defendant's (Δ's) conduct?
3. Is there a sufficiently close connection between Δ's actions + π's injury?
4. Are there any defenses?
You should understand the term "intentional" as it applies to tort law.
Intent: A volitional act committed with the substantial certainty that harm will result.
What is the difference between "libel" and "slander"?
Slander - must show injury (embarrassment, job loss, etc.)
Libel - injury is presumed (broadcast, written, published)
What are the elements that the plaintiff must prove in order to win a defamation suit?
1) Defamatory statement
Suppose that the plaintiff in a defamation case is a public figure. What impact does that have on the case?
What are the defenses to intentional torts?
What is the Reasonable Person Standard?
*With negligence tort it is viewed as: would a reasonable person act this way?
What is the rule for proximate cause in cases of negligence based on the case of Palsgraf v. Long Island Railroad?
To be liable for negligence, the injury must be FORESEEABLE!
What are the defenses for claims of negligence in tort law?
What are the primary categories of strict liability cases?
When you own property, what are the rights you have under the law with regard to that property?
4) Right of title
What are the elements needed in order to have a valid gift?
1) Donative intent- owner must understand what they are doing
2) Delivery- owner must completely give up the gift
3) Acceptance - recipient must completely accept the gift
What are the four main types of tenancies in landlord/tenant law? Briefly explain.
1) Tenancy for years
2) Periodic Tenancy
4) Tenancy at sufferance
What are the landlord's duties under landlord/tenant law? Briefly explain.
1) Covenant of quiet enjoyment
2) Implied warranty of habitability
What are the four criteria for granting a patent?
4) Subject matter requirement
If you are a copyright owner, what are the rights you have with respect to your work?
2) Derivative works
3) Right of Distribution
4) Public Performance and Display
You should understand the Idea/Expression Dichotomy.
You should understand the different ways that real property can be owned concurrently.
1) Tenants in common
2) Joint tenancy
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