155 terms by klconniff

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the degree of care to be exercised in a situation can vary with a person's profession or occupation


if one person's act harms another there is no liability unless the actor intended the harm


if no harm results from an allegedly negligent act, there is no liability


an assumption of risk defense does not require knowledge of the risk


an ordinary person standard determines whether allegedly negligent conduct resulted in breach of a duty of care.


under the theory of negligence the duty of care requires one person to come to the aid of another in "peril"


liability for negligence requires a finding of causation in fact and a determination of proximate cause


under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury


proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.


self defense is a defense available in an action based on a negligence theory


assumption of risk can be raised as a defense in a negligence suit


the doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absense of negigence


under a dram shop act or a social host statue liability can be imposed withuot proof of negligence


negligence per se may occur on the violation of a statute


a person who keeps a wild animal is always strictly liable for any harm that the animal inflicts


under the doctrine of comparative negligence both the plaintiffs and the defendant's negligence are taken into consideration


under the doctrine of strict liability, liability is strictly based on the "obvious" fault of the defendant


Bette backs out of City Parking Garage, collding with Dill's car. Dill may recover $7500 to cover the cost of the repairs if Bette failed to act as...

a reasonable person

leon files a suit against moria, a medical doctor, alleging negligence. as a physician, moria is held to the standard of...

a reasonable person

caleb is driving a car in which dona is a passenger when an accident occurs. caleb and dona are emotionally rattled but neither is physically hurt. caleb is not liable to dona on negligence theory because..

dona was not injured

sam, an engineer, supervises the construction of a new bridge. when the bridge collapses due to faulty construction, sam is sued by those injured in the collapse. as a professional, sam is held to the same standard of care as...

other engineers

nick sees opal, a stranger, in peril, but does not attempt to rescue her. opal could successfully sue nick for..


john sees that kris is about to step into the path of an oncoming bus. if john does not warn kris of the danger, john is liable...

under no circumstances

driving his sport utility vehicle negligently, bart crashes into a streetlight. the streetlight falls, smashing through the roof of a house, killing chris. but for bart's negligence, chris would not have died. regarding the death, the crash is the...

cause in fact

ralph, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. ralph and standard are liable to...

only those whose injuries could have been reasonably foreseen

edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in....

palsgraf v long island railroad co

an iowa state statute requires amusment parks to maintain equipment in specific condition for the protection of patrons. jack's fun park fails to maintain its equipemtn. Key, a patron, is injured. Jack's has committed...

negligence per se

tort is a french word for "court"


the purpose of tort law is to provide remedies when legally protected interests have been invaded.


to commit an intentional tort, on person must intend to harm a certain other person


consent is a defense to an allegation of assault but not battery


false imprisonment is a tort only if the confinement or restraint is justified


an oral defamatory statement must be communicated to a third party to be actionable


an individual's right to privacy includes the exclusive use of his or her likeness


normally, fraud occurs only when there is reliance on a statement of truth


unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship


bob pushes carol, carl falls and breaks her arm. bob is liable for the injury...

if bob intended to push carol

glen falsely accuses Hu of stealing from Island Tours, Inc. their employer. Glen's statement is defamatory only if...

a third party hears is

jim is an appliance salesperson. to make a sale he assets that a certain model of a kitchen helper fridge is the "best one ever made" this is...

not fraud

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is...


Joy invites Ken into her apartment. Ken commits trespass to land if he...

refuses to leave when Joy asks him to go

Copy Cat Inc. uses a bot to continually cob the web site of Deals Galore Company. In line with the decision of the court in Case 6.2 Inc v Verio Inc. Copy Cat has most likely committed...

trespass to personal property

the state governments retain all powers not specifically delegated to the federal government


the federal government cannot regulate commerce within a state, even if the commerce concerns more than one state


when there is a direct conflict between a federal and a state law the state law is rendered invalid


there is a specific guarantee of a right to privacy in the constitution.


political speech that would otherwise be protected by the first amendment loses that protection if its source is a corporation


a gov law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest.


the federal gov retains all powers not specifically delegated to the states


a state law that treats nonresidents differently from residents may violate the privileges and immunities clause


the supremacy clause of the the constitution provides that a state law is invalid when it directly conflicts with a federal law


the bill of rights consists of the first ten amendments to the constitution


the bill of rights protects individuals against various types of interference by the states and by the federal gov


the first amendment protects symbolic speech


a law that restricts a fundamental right violates substantive due process unless it promotes a compelling state interest


tom files a suit against the state of utah, claiming that a utah state law violates the commerce clause. the court will agree if the statute...

imposes a substantial burden on the interstate commerce

fred, the president of Good Retail Corporation, claims that certain actions by the federal government and the state of Hawaii infringe on right guaranteed by the bill of rights. most of these rights limit..

the state government and the federal government

the baytown city council enacts an ordinance that bans the distribution of all printed materials on city streets. a court would likely hold that this law is...

unconstitutional under the first amendment

congress enacts the Tight Money Act of 2006 to ban "major business entities" from making political contributions that individuals can make. A court would most likely hold the TMA to be...

an unconstitutional restriction of speech

eli, a citizen of florida, wants to obtain a business license in georgia. the georgia tate legislature enacts a law that imposes a $2000 license fee on nonresidents. Georgia residents pay $0. this most likely violates..

the privileges and immunities clause

an offer to form a unilateral contract is accepted by a promise to perform


an offer to form a bilateral contract is accepted by a promise to perform


in an express contract the terms are fully stated in words


an implied in fact contract is implied from the conduct of the parties


an executory contract is one that has been fully performed


a contract is void if its purpose is illegal


an offer is sufficient to evidence an agreement


in most states, revocation is not effective until the offeree receives it


revocation normally must be communicated to the offeree before acceptance or else it will be ineffective


an acceptance that materially changes a term in the offer still creates a valid agreement


in a bilateral contract, communication of acceptance is necessary


paco offers to pay quik delievery $50 if it picks up and delivers to him a package from Rick within 30 minutes. QU can accept the offer nly by meeting the deadline. If QD performs as directed, these parties will have...

a unilateral contract

allen applies for a police officer job with Bay City which responds with a letter setting an appointment for a psychological exam. The letter does not state that it is "a conditional employment offer" based on the courts reasoning in Case 10.1 Ardito v City of Providence, this letter is...

no contract.

Tom enters a coffee shop in which he has an open account, fills a cup of coffee, holds it to the cashier so she can see it, acknowledges the cashier's nod, and walks out with the coffee, knowing that he will be billed for it at the end of the month. tom has formed a...

implied-in-fact contract

cory enters into a contract with diane to act as her personl sports trainer. if they later dispute the meaning and the contract contains unclear terms, the rules of contract interpretation will give effect to...

the parties intent as expressed in their contract

Brick Products Inc files a suit against City Trucking Service for breach of contract based on what Brick claims was City's offer. For a court to determine if a contract has been breach, under the common law, the offer must include terms that are...

reasonably definite

geof owns two cars. he offers to sell the Honda for $20,000 to Isla who says "I'll pay no more than $15,000." Geoff offers to sell the Jeep for $20,000 to Kiki but before Kiki responds, Geof says "Forget it I changed my mind." Geoff's offer was terminated by.....

Geof and Isla

Callie owns two rucks. She offers to sell the Dodge for $20,000 to Evan who accepts. She offers to tell the Ford for $20,000 to Gwen, who says "too much." Callie's offer was terminated by...

Gwen only

New Cell Phone Company offers to buy a laser printer, with a case of paper and an extra cartridge from Office Products Inc. for $200. Paul, OPI's rep says "Okay, but no paper and no extra cartridge. Paul has

Rejected the offer and made a counter offer

First state bank offers to lend money to todd at 15% interest. Before Todd accepts, a statute is exacted prohibiting loans at interest rates greater than 12%. Todd and the bank have..

no contract for a loan.

The stability and predictability of the law is essential to business activities.


law is a body of enforaceable rules governing relationships among individuals and between individuals and their society.


a state constitution is supreme within the states borders


a state law that conflicts with the US Constitution will be deemed unconstitutional.


common law is a term for law that is common throughout the world


equitable remedies include injunctions and decrees of specific performance


the us constitution is the supreme law of the US


each state has its own constitution


common law is a term for the laws that are familiar to most of us


equity is a branch of unwritten law that seeks to supply remedies other than damages


the legal system of the US and each of the 50 states is based on English Common Law


hawaii enacts a state law that violates the US constitution. this law can be enforced by...


in a suit against kit, leo obtains specific performance. this is..

equitable remedy only

as a judge, jay applies common law rules. these rules develop from...

decisions of the courts in legal disputes

in abel v baker a state supreme court held that a minor could cancel a contract for the sale of a car. now trial court in the same state is decideing charles v delta a case with similar facts. under the doctrine of stare decisis, the trial court is likely to...

allow the minor to cancel the contract

the US has a common law system, the common law began as ...

rules applied in the courts throughout England

tort is a french word for "wrong"


the purpose of tort law is to punish criminal wrongdoers


consent is a defense to an allegation of battery but not assault


false imprisonment occurs when a person is restrained by another intentionally and without justification


defamation is one persons use of anothers name without permission


slander involves the oral communication of defamatory language


a written defamatory statement must be communicated to a third party to be actionable


the use of a person's likeness for commercial purposes without permission is not an invasion of privacy


to commit trespass to land, a person must harm the land


louis- larger and stronger than mia threatens to hit mica before hitting and injuring him. mica files a suit against louis for assault and battery. mica will most likely recover for..

assault and battery

ann believes that burt is about to hit her. to prevent harmful contact in this situation, ann may use...

force that is reasonably neccesary

jaqy distributes a handbill among her neighbors accusing one of them - ked - of being a convicted sex offender. the statement is defamatory only if...

the statement is false

toni files a suit against universal media corp for defamation. actual malice must be shown for recovery of damages if toni is....

a public figure

lew angrily accuses meg a broker with new financial services, of fraudulently inducing him to invest in open pit oil company, whose wells are dry. the reliance that gives rise to liability for fraud is normally based on statement of...


dom, an EZ baked goods salesperson follows Flora,a sales person for Goody Pastries, Inc. as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with...

a business relationship

phil invites quinn onto his land. quinn commits trespass if...

phil asks quinn to leave and quinn refuses.

as a joke jem takes kyla's business law textbook and hides it so that kyla cannot find it during the week before the exam. jem may have committed...

trespass to personal property

bill enters onto cindys property to help dora who is in danger. cindy chargers bil with trespass to land. bill has...

complete defense

april posts a defamatory note about brad in an online newsgroup maintained by comp online, inc. an internet service provider. most likely to be held liable for the remark is...

april only

to be legally sufficient, consideration must include something of economic value.


a promise to do something that one has a prior legal duty to do is not consideration


promissory estoppel requires reliance of substantial and definite character


an adult may avoid any contract with a minor


a minor who affirmatively misrepresents himself or herself to be an adult will not be able to dis affirm a contract in most states


a minor may disaffirm a contract for necessaries and thereby avoid liability for the reasonable value of the goods


parents who sign a contract made by their minor child with an adult have the same option to disaffirm as the child


a person who enters into a contract when he or she is intoxicated can void the contract if he or she did not comprehend the legal consequences


a usurious contract involves the purchase and sale of usable goods


a covenant not to compete is never enforceable


a contract that exculpates one party for negligence or other wrongdoing will not usually be viewed as unconscionable


an exculpatory clause in a residential property lease is usually enforceable


axel, the owner of BBQ Cafe announces that he plans to paint its front fluorescent red. cleo, the ownder of delicate dress shop next door, promises to pay axel $100 to use a more conservative color. axel agrees, cleo's promise is...

enforceable because alex agreed to refrain from doing something he was legally entitled to do.

jill promises to pay kyle $500 because he "does not have as much money as other people" Jills promise is...

not enforceable because kyla has not given consideration in return

speedy assembly company promises its employees a 10% raise at the end of the year if productivity has increased and management feels it is warranted. speedy must....

do nothing

quinn promises to sell his recreational vehicle to sid, who builds a structure behind his house in which to keep it. quinn's later attempt to renege on the promise is...

not effective if sid detrimentally relied on quinns promise

carl pledges $1000 to the disaster relief organization. on the basis of the pledge DRO orers additional rescue equipment. Carl fails to pay. In DROP's suit a court may enforce the pledge if...

under the doctrine of promissory estoppel

boyd is a minor, as a minor he has the capacity to enter into...

a valid contract

jill is a minor living at home with her parents. she signs a lease with a landlord to rent an apartment jill can...

disaffirm the lease without liability

mica, a minor signs a contract to pay natural health club a monthly fee for 24 months to use its facilities. six months later after reaching the age of majority mica continues to use the club this act is...

a ratification

under the objective theory of contracts, the intention to enter into a contract is judged by outward objective facts as interpreted by a seasonable person


one of the requirements for a valid contract is its acceptance


an offeree is a person who makes an offer


no offer may be revoked before it is accepted


an express contract must be in writing


an implied in fact contract is an actual contract


an executed contract is one that has been fully performed


when the words in a contract have more than one meaning, they are generally interpreted in favor of the party who drafted the contract


a valid offer requires reasonably certain terms


an acceptance must adhere exactly to an offer to create a contract


under the mailbox rule, acceptance is not valid until it is received


in most states evocation is not effective until the offeree receives it


expert pavers inc contracts with fabricated building corp to repave fabricated 's parking lot for which they agreed to pay. the elements of this and any other contract do not include...


bob claims that carol breached their contract. carol responds that she never intended to enter into a contract with bob. the intent to enter into a contract is determined with reference to ...

the objective theory of contracts

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