Law School Mastery 1

Helpfulness: 0
Set Details Share
created 10 years ago by thebomb
241 views
Grade levels:
College: First year, College: Second year, College: Third year, College: Fourth year, Graduate school, Professional
show moreless
Page to share:
Embed this setcancel
COPY
code changes based on your size selection
Size:
X
Show:
1

be alert, experiment, be patient, general principles first

hints for using the writing process well

2

letter for your boss/client

office memo

3

what you might submit to a court

brief

4

rule-based reasoning

past case implemented this rule.

5

Analogical reasoning

the person in the past case was in a similar situation

6

counter-analogical reasoning

this is different from the past case because

7

policy-based reasoning

we want to achieve this policy, so the ruling should be

8

Narrative

reaching ruling by story

9

preponderance of the evidence

the standard of proof that must be established to win a civil case. The standard is met when a party's evidence indicates that it's more likely than not that the fact is as the party alleges it to be.

10

purpose of Uniform Commercial Code

standardize transaction of goods across state lines

11

definition of Goods in Uniform Commercial Code

all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action.

12

example of formal requirements in Uniform Commercial Code

A contract for the sale of goods for the price of $5,000 or more is not enforceable by way of action or defense unless there is some record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against which enforcement is sought or by the party's authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record.

13

purposes of tort law

1. peaceful means for adjusting rights, prevent "taking the law into their own hands"
2. deter wrongful conduct
3. encourage socially responsible behavior
4. restore injured parties to their original condition
5. vindicate individual rights of redress
6. Allocating burdens

14

insurance system

in the back of the tort system is an...

15

US court system

Federal State (varies by state)
Supreme court State Supreme
Appellate Courts of Appeal/ Superior
District courts District court

16

supra

above

17

infra

below

18

discussion of Toker v. Westerman

Welfare, contracts enforced? Milk today, extra price, discourage bad acts, societal good? unconscionable. injury to the public

19

instant the contract is made

when we judge the validity of a contract

20

don't always look for hard and fast rules.

key to torts, contracts and property

21

actual damages

needs to be shown in a negligence case

22

Brown v. Kendall

dogs, hits owner (name of case), Dog fight. If the injury was unavoidable, and the conduct of the ∆ was free from blame, he will not be liable. Burden of proof on π to show ∆ acted without due care.

23

civil remedy

torts are not given a criminal remedy, but a...

24

Expectation interest

restore buyers to how they expected they would be

25

fault-based liability

both Intentional torts & Negligence have _____-_____ _________, but strict liability dies not

26

rule in Brown v. Kendall

"If the act of hitting the plaintiff was unintentional, on the part of the defendant, and done in the doing of a lawful act, then the defendant was not liable, unless it was done in the want of exercise of due care, adapted to the exigency of the case, and therefore such want of due care became part of the plaintiff's case, and the burden of proof was on the plaintiff to establish it. . . ."

27

Individual's right to own land to the exclusion of everyone else

Classical definition of property:

28

Johnson v. M'intosh

case involving native American property rights, ruled for US rights. Reasoning: European law and lack of civilization among slaves

29

if someone improves land, they get the right to own it.

labor theory of property

30

without hurting someone else

Some claim that property rights can't help someone

31

self-development

Hagel argued that property rights are essential to

32

Sales or transactions in goods

Article 2 of the Uniform Commercial Code

33

ambiguous

the original Article 2 of the UCC is __________ on whether some things are goods

34

lawyer's reasoning

If I was in Cincinnati...

35

hard edged rules of entitlement

whoever kills the fox, gets it

36

ambiguous standards

whatever feels right

37

Ghen v. Rich

RULE: When someone does all that is possible to secure control over a wild animal, within the recognized custom it becomes property of the securer.

38

no fault

strict liability

39

culture

_______ defines property rights

40

strict liability

holding a defendant liable without a showing of negligence

41

negligence

failure to act with the prudence that a reasonable person would exercise under the same circumstances

42

Garratt v. Dailey

Boy moves chair from underneath an old lady. If the defendant "knew with substantial certainty" that his actions would cause harmful contact, then the defendant is liable for battery.

43

rules and ambiguities

main things to put in outlines.

44

intent

difference between negligence and assault and battery

45

inherited rule

rule from prior authorities

46

dictum

in court commentary

47

processed rule

rule that meets the facts of the case

48

balancing test

example of common rule structure

49

section 2 revision

part of UCC that wasn't adopted

50

no

Does the UCC cover sale of land?

51

pros of bright line rules

reduces cost, more certainty (expectations), less subjective, easier to resolve/less litigation

52

future goods

Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are ___________. A purported present sale of future goods or of any interest therein operates as a contract to sell.

53

ambiguities

If you don't understand the __________, you don't understand the law.

54

riparian doctrine

1. Water belongs to those who own the land bordering the watercourse
2. Share right of reasonable use of water
3. Liable if use unreasonably interferes with others'

55

prior appropriation system

1. anyone is entitled to divert water.
a. Provided the water is not being used by someone else
b. provided you're first
c. provided you put it to good use (erickson)

56

muddy rule

love thy neighbor is an example of a

57

intent

Fault does not depend on the

58

Spano v. Perini Corp.

• Strict liability was originally based in trespass.
• Defendant blasting and there was a garage across the street that was damaged by the blasting.
• Explosion is the movement of particles (movement from literal trespass to something more figurative.
• Strict liability: one who engages in abnormally dangerous activities must assume the responsibility for the consequences regardless of the trespass.

59

margin

most of the world is not on the

60

margin

most of law school is on the

61

principled consistency

Understanding similarities and differences leads to

62

punishment

Contract law is about compensation, not

63

Pierson v. Post

RULE: A person who is pursuing a wild animal does not acquire a right to that animal by the mere fact of pursuit; Mere pursuit of wild animal with an intent to capture does not constitute ownership.

64

Dissent of Pierson v. Post

muddy test-- first pursuer

65

Affirmative duty

(Specific Performance Duty) is a duty to do something for someone. rarely enforced under common law, but more recently.

66

Summary judgement

facts not in dispute, skips trial to production based on the law

67

pocket parts

softcover addendums

68

yes

are "future goods" goods?

69

intent

replacement for direct force

70

intentional torts

Writ of trespass became

71

Negligence

action on the case became

72

no

Can we detf the harm involved;
(c) the social value that the law attaches to the type of use or enjoyment invaded;
(d) the suitability of the particulalized case: if restitution is too*tion, cooperation, and safe worker use

73

fault

whether or not somaone took care. used in negligence, but no20harmful/offensive contact, and such contact has to occur.

74

eminent domain

1. taking
2. For public use
3. Just compensation

75

boyce v. Brown

fractured ankle had screw put it no problems for 7 years, another doctor took out the screw and ankle healed. Not all cases require an xray, must depend on expert testimony to say if an ordinary professional would have taken an xray

76

penn central v. new york city

1978 - Takings - Restriction on Use - Upheld that the restrictions imposed (by the Landmarks Law) are substantially related to the general welfare and not only permit reasonable use but also afford appellants opportunities to further enhance the property. 3-factor regulatory takings test. Court must evaluate a regulatory takings claim based on (1) the economic impact of the regulation, (2) the owner's reasonable investment-backed expectations, and (3) the character of the regulatory action.

77

no

typically, is stupidity or insanity a defense against the reasonable prudent person standard?

78

required

we do not look at average! we look at what is ___________ for the profession.

79

specialized

you move your due care standard if you hold yourself as a __________ professional

80

statute of limitations

That period of time established by state law during which a lawsuit may be filed

81

malpractice (negligence)

1. learning, skill, abiity
2. judgement
3. diligent care

82

locality rule

A mesure of the standard of care, by which a Professional is held to the standard of care of the community in which they practice.

83

similar locality rule

A mesure of the standard of care, by which a Professional is held to the standard of care of the communities similar to the one in which they practice.

84

national rule

A mesure of the standard of care, by which a Professional is held to the standard of care of the nation as a whole. this is the typical standard

85

10.2

case names (bluebook)

86

10.3

Reporters and other sources (bluebook)

87

10.4

court and jurisdiction (bluebook)

88

10.5

date or year (bluebook)

89

option-6

how to type §

90

10.6

weight of authority (bluebook)

91

10.7

prior and subsequent history (bluebook)

92

12.1

basic citation forms--statutes (bluebook)

93

12.2

choosing the proper citation forms-- statutes (bluebook)

94

16

periodicals (bluebook)

95

15

administrative and executive materials (bluebook)

96

T6

abbreviations (bluebook)

97

T13

periodicals (bluebook)

98

self-defense

A person is entitled to use reasonable force to prevent any harmful or offensive bodily contact and confinement/imprisonment

99

1.2

Introductory signals (Bluebook)

100

cf.

an abbreviation meaning "compare"

101

2-713

buyer's damages for non-delivery or repudiation.

102

Lucas v. South Carolina Coastal Council

Lucas buys two properties next to the beach and goes to build two houses, but when he goes to get the permits he finds that the Council had moved the Set Back line past his property to where he can't build his houses.
Court States: Decides in Lucas' favor. The Council owes Lucas one million dollars. When the government deprives the owner of all economically viable use, the government must pay just compensation. This only becomes a taking when the government takes and destroys all of it.

103

it

refer to the court as __ in writing

104

minority requirements

1. public use (highways, railways, etc.) to private
2. public use land being taken (private enity remains accountable to the public)
3. public use, private ownership (Independent publiv purpse--condemnation heps)

105

United States v. 564.54 acres of land

can you be remedied for more then fair market value? no

106

eminent domain

just compensation v. fair market value is a debate in _______________ ______________.

107

penn central test

balancing: is it a taking?
1. Economic impact
-investment-backed expectations
2. nature of the taking
-physical invasion or something else?
3. not expectation, but property. 4. How severe a taking?

108

Medical malpractice

1. duty to inform & breach
Material risks and alternatives
-- anything that changes mind
what would this plaintiff want to know?
- what would the RPP want to know?
-what a reasonable prudent physician would disclose
2. causation.
--if informed of risks, would not have accepted treatment.
--what would this patient have done/ what would the RPP have done?
--the jury has to decide.
3. injury --risks actually realized.

109

Contracts practice lessons

1. reference every fact that seems disputable
2. be concise and relevant.
3. write like a memo-- but don't make it pretty.
4. never divorce facts from definitions (IE, restitution mistakes)
5. read carefully and remember-- this is not a math test.

110

discrete contract

low probability of familiarity with other party, not a repeated game

111

relational contracts

are contracts whose provisions are dynamic with respect to the environment in which they are executed.

112

offer-and-acceptance

The necessary elements of mutual assent; for example, an agreement of one party to buy and another party to sell; replaced by UCC

113

bargain

an agreement between parties (usually arrived at after discussion) fixing obligations of each

114

consistent

rules for determining moment of formation are not ____________.

115

2-204

Formation of contract under UCC, can be made in any manner sufficient to show agreement.

116

Standard of interpretation

based on intention, or meeting of the minds.

117

2-207

additional terms in acceptance or confirmation

118

Morrison v. MacNamara

medical procedure done while standing guy fainted and hit his head. National standard was to do the test sitting down, local standard was to do it standing. Went with the national standard→must exercise the "degree of reasonable care and skill expected of members of the medical profession under the same or similar circumstances". Local rule outdated
• Now use similar community in similar circumstances

119

fiancé

a man engaged to be married

120

fiancée

a woman engaged to be married

121

Federal Practice digest

digest by West for Federal courts

122

regional digest

digest by West only for state courts.

123

state digest

digest by west for state and federal courts in 1 state

124

B<P*L

one is liable if.... (L. Hand in Carroll)

125

B>=P*l

one is not liable if.... (L. Hand in Carroll)

126

pokora v. Wabash ry. co.

P carefully approached a train crossing with obstructed view got hit. Complaint dismissed bc his conduct was contributory negligence. P has a duty to stop, look, listen, and get out of his car and look if safe/possible
• Must be able to stop within a range of vision

127

contributory negligence

behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence

128

reasonable prudent person

Hand formula meant to approximate, not replace ________ _________ _____________ standard

129

negligence per se

An act that is considred inherently negligent because of a violation of a law or ordinance is referred to as ___________ ______ _____. There may be an excuse, only if such excuse is enumerated in past case law.

130

statute, standard of care

the _________ is the ______ __ _______ if:
1. purpose of statute is designed to prevent the arm that occurred
2. statute is designed to protect people like the plaintiff

131

[4]

topic 4 in digest would be referred to by ___.

132

just

"Just compensation is rarely __________."-- Prof. Baradaran

133

expectations

takings is in large part about ________________.

134

Loretto v. Teleprompter

Building owner says government requirement that she tolerate cable box and wire is a taking; Permanent physical occupation is always a taking regardless of degree of public benefit or private burden; strict liability, bright line rule

135

physical invasion

reasons for bright-line rule re: ______ _______ in takings doctrine

1. limits ability to exclude
2. to use
3. to sell/profit from
4. free from disturbance

136

per se, takings

____ _____ rules against _________, given for public use
1. physical occupations=takings
2. all economic use deprived=takings

137

negligence

not keeping a statute is ____________, but the full effects of a statute not being followed is not _________.

138

wallace v. rosen

woman touched other to move during a fire drill. battery is the knowing or intentional touching of a person against his will in a rude, insolent, or angry manner. In a crowded world, a certain amount of personal contact is inevitable and must be accepted. Harmful or offensive must meet reasonable standard

139

R8

capitalization (bluebook)

140

yes

letter of acceptance is mailed,
crashes. do most people think the contract was made?

141

Exaction

a requirement imposed by a local government that a developer contributes to the community by providing an amenity, paying an impact fee, or making some other monetary contribution as a condition of development

142

no

needs some other law (e.g. Nuicance) to prove affirmative duty. Is it a taking w/just compensation?

143

takings

5th amendment sufficient for ______. public use

144

principal-agent

Duties between these two parties are to compensation, reiumbursement and indemnifivation

145

Stanchniewiez v. mar-cam Corp.

statute and regulation: standard of care for serving beer to drunkards.

146

determining statute relevance in tort law

1. Does the statute apply?
-what harm is the statute designed to prevent?
-What is the text of the surrounding statutes?
-Other context signals.
Who is the stat3A adds to intent to make harmful or offensive contact, inigned to protect?

Statute%2t to cause harm--exception to normal rule of intent, which is only "harmful or offensive"

147

transfer of intent

If we have intent, we can transfer it to any plaintiff injured or any other intentional tort.

148

U.S.C.A.

United States Code Annotated. A commercially published edition to the United States Code.

149

U.S.C.

United States Code. A compilation of Congressional statutes and their amendments which is organized into fifty subject titles.

150

titles

Sorting of US Code

151

U.S.C.S.

Unites States Code Service

152

tragedy of the commons

situation in which people acting individually and in their own interest use up commonly available but limited resources, creating disaster for the entire community

153

Justice Thomas

I join Justice Scalia's dissenting opinion. I write separately to note that the law before the Court today "is ... uncommonly silly." Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart, J., dissenting). If I were a member of the Texas Legislature, I would vote to repeal it.

154

tort of conversion

taking something and using it for your own purposes

155

coase theorem

If property rights are well-defined and transaction costs are low, private parties will work out problems by themselves.

156

specific performance

equitable remedy in contract law requiring the breaching part to perform according to the specific terms of the contract

157

moore v. regents of the university of california

∆: body parts aren't property b/c never ruled such. Policy arguments dictate not to extend the definition. "better left to the legislature."

158

Fee Simple Absolute

The highest or most complete form of ownership that can be held under the law. The ownership rights go on forever. full bundle of sticks

159

punitive damages

Damages that are awarded to punish the defendant, to deter the defendant from similar conduct in the future, and to set an example for others.

160

nominal damages

a trivial sum (usually $1.00) awarded as recognition that a legal injury was sustained (as for technical violations of a contract)

161

compsenatory damages

compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated (Torts in particular use this)

162

mitigate damages

a legal term used when a party injured by a breach of contract is required by law to take resonablesteps to minimize the harm done

163

no clear definition

Who is a lost volume seller?

164

American Law Reports

secondary authority that is leading annotated law reporter published by Lawyers Co-op. Distinguishing feature not the scope of cases that it reports, but the extensive editorial commentary that follows each reported case

165

American Jurisprudence

Legal Encyclopedia

166

Corpus Juris Secundum

legal encyclopedia published by West

167

treatise

Law article treating a specific subject systematically and thoroughly

168

restatement

a scholarly compilation of the common law by the American Law Institute.

169

united states reports

the official record of cases heard and disposed of by the Supreme Court including the full opinions of the justices

170

Federal reporter

is a case law reporter in the United States that is published by West Publishing. The third and current ______________ series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well

171

assault

a battery without actual harmful or offensive contact. You need, instead, apprehension of imminent harmful or offensive contact, and intent to cause imminent apprehension of (or actual) harmful or offensive contact

172

Parker v. 20th century fox

actress refuses mitigating offer after contract breach; recovers full price of original contract

173

closed range

cattle must be fenced

174

open range

crops must be fenced

175

court of equity

A court that decides controversies and administers justice according to the rules, principles, and precedents of equity. frequently require specific performance

176

specific performance

equitable remedy requiring the breaching party to perform the specific terms of the contract

177

Copylease v. Memorex

SPECIFIC PERFORMANCE
• M manufactures goods and C sells
• C really want specific performance
Ruling:
- remedy at law must be inadequate
• Cali does not recognize for K that require "continuing series of acts"---long term relationship
• exception to this is when goods are unique (2-217----C says that all other options were inferior
• in comments, not just uniquess but inability to cover is strong evidence of "other proper circumstances"
• output and production K specifically mentioned in 2-217

178

2-711

buyer's remedies guide

179

2-703

seller's remedies guide

180

efficient breach

The theory that a party should break a contract if it makes the breaching party better off even after compensating the non-breaching party with expectancy damages.

181

2-105

location of definition of "good" in UCC

182

liquidated damages

Amount predetermined by parties to contract as total compensation due injured party should the other party breach the contract

183

penalty clause

a term specifying an exorbitant amount for breach of contract, intended to frighten a party into performance

184

2-709

action on the price

185

Erickson v. Queen Valley Ranch

water waste case-- is private use beneficial

186

false imprisonment

the direct restraint of one person of the physical liberty of another without adequate legal justification. the person must be conscious (or harmed).

187

balance the equities

modern rule for encroachments-- allow two options-- balance what was done.

188

Peters v. Archambault

unusual rule: Mass law allows house encroaching to be torn down.

189

advantages of injunctions in encroachment

is a court order that prevents a party from performing a specific act.

190

advantages of injunctions in encroachment

-damages do not always take into consideration owner's plans
-market expectations?

191

lein

the legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation

192

INS v. AP

issue: does AP have a right to protection? not binding today.

193

penalty clause

it is either liquidated damages or a __________________, exclusively.

194

forseeable damages

in Hadley v. Baxendale, court redefined natural damages as __________________.

195

intentional torts

assault, battery, emotional distress, false imprisonment are examples of _________.

196

intent

substantial certainty or purpose

197

learned hand

judge.
1. restated Hadley's doctrine
2. wrote L. Albert

198

peters v. Archambault

encroachment case involving beachfront property Rule: encroacher won

199

adverse possession

a method of acquiring title to real property by possession for a statutory period under certain conditions, especially a non-permissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open, and notorious

200

Somerville v. Jacobs

rule: 2 choices, sell land or buy building.

201

privity

The contractual relationship between the two parties of a contract. If party A contracts with party B and party B subcontracts with party C, there is not privity between party A and C.

202

color of title

That which gives the appearance of title, but is not title in fact; that which, on its surface, appears to pass title but fails to do so.

203

intentional infliction of emotional distress

1. intentional or reckless conduct
2. extreme and outrageous conduct
3. causal connection
4. severe emotional distress
possibly disabling

204

intent

purpose or substantial certainty is sufficient for

205

O'Brien v. Cunard

woman gets smallpox vaccine. did she consent?

206

2-612

"Installment Contract"; Breach

207

Security Stove v. American Railways

key example of reliance interest. Plaintiff got cost of trip restored after essential package was late.

208

restitution damages

compensates plaintiff for any benefits it gave to defendant- to prevent unjust enrichment

209

come to the nuisance

moving into a position to be annoyed

210

2-107

goods served from realty

211

2-102

scope of article 2

212

Hawkins v. Mcgee

Implied contract through a doctors guarentee.
A boy has a burnt has, Doctor makes a promise to make the hand perfect, hand ends up worse. (remedy Expectation damages- difference between a burnt had and a perfect had)

213

1-106, expectation damages

location of remedy definition of UCC and remedy-based goal of UCC

214

predominant purpose Test

Ct. test to determine if the predominant purpose of the transaction was to sell goods or services. If goods, then Article 2 applies to the whole transaction. If services, then Article 2 does not apply to any part of the transaction, not even the goods portion.

215

the Gravaman test

looks to that portion of the transaction which the complaint is based, to determine if it involved goods or services.

216

reasons against specific performance

Efficient breach: breach will benefit both parties
Quality control: difficult for courts to police the performance

217

Transaction cost theory

if restitution is too meager and expectation too much, give reliance damages to put plaintiff back in the position before the contract was made for nosejob

218

nuisance

firms seek to economize on transaction costs.
IT lowers market transaction costs.

219

negliegent

"You cannot be intentionally _________"

220

Spivey v. Battaglia

Rule road legal concept including anything that disturbs the reasonable use of%tend health or is offensive

221

no

do we need a motive in intentional torts?

222

harmful/offensive

battery: intent to cause ______________ contact, and such contact has to take place.

223

adverse possession

1. actual possession-- actual use... fulfilling type of property.
2. open and notorious... not done in a corner... world on notice
3. adverse/hostile/under claim of right... not with owners permission. treat it as your own property

I: "Good faith" test
4. exclusive (no one else is doing it too)
usage and possession

5. continuous

-no abandonment and returning

224

gravity of harm

balancing test
In determining the gravity of the harm from an
intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:
(a) The extent of the harm involved;
(b) the character o

225

permanent damages

Awarding of compensation for the total economic loss caused, both present and future. See Boomer v. Atlantic Cement. In this case, permanent damages were awarded in lieu of an injunction to stop an ongoing nuisance.

226

spur v. del webb

OUTCOME: The court affirmed the judgment permanently enjoining defendant, holding that the feedlots were both a public and private nuisance. However, plaintiff, having brought people to the nuisance, was ordered to indemnify defendant for his damages proximately caused by the injunction. The case was remanded for further proceedings on damages issue.

227

l. albert v. armstrong

the case of the losing contract and motor. Promisee may recover his outlay in preparation for the performance, p'or may reduce it by as much as he can prove p'ee would have lost

228

2-715

buyer's incidental and consequential damages

229

reliance

restitution interest is a subset of _____ interest, which is a subset of expectation interest

230

expectation interest

We don't want to use ___________, if we have a bargain where breach helped the buyer.

231

reliance interest

makes you as good as if the contract had been never made.

232

restitution interest

prevents unjust enrichment of the breaching party

233

state zoning enabling act

Gives cities the right to zone. enacted in all 50 states.

234

katko v. briney

owners of farm house put a spring gun. trespasser was injured. Don't have the right to use deadly force to protect against your property unless you believe you will suffer immediate severe bodily harm if you don't discussion: can we ever use spring gun?

235

proportionality

rule about defense of property.

236

fact

the lack of a fact may be an important _______.

237

2-606

what constitutes acceptance of goods

238

2-601

buyer's rights on improper delivery

239

2-608

revocation of acceptance in whole or in part

240

purpose of restitution damages

desire to prevent unjust enrichment or desire to deal with breach when expectation aren't available

241

full performance

claiming restitution after breach gives us a wider range of options if there isn't ________________.

242

specific performance

breach before performance can entitle you to ______ _____ under certain conditions

243

negligence

1.Duty
2. Breach of the duty
3. causation
4. damages

244

zoning regulations

held constitutional in Euclid

245

peevyhouse v. garland

If breach pertains to a matter only incidental to the main purpose of the contract, and performance would be disproportionately costly, the proper measure of damages is the diminution in value measured

246

quantum meruit

Literally, as much as he deserves—an expression describing the extent of liability on a contract implied in law (quasi contract).

247

private necessity

A defendant invades property to protect an interest of his own. Three features:
1) Private necessity defendant is liable to pay actual/compensatory damages for harm done to the property.
2) No liability for nominal or punitive damages.
3) As long as the emergency continues, defendant can remain on plaintiff's land for a position of safety. He has the right of sanctuary and cannot be ejected or expelled (owner can actually be held liable for ejecting you!).

NB: If defendant acts out of private necessity, and protects plaintiff's own property, no liability.

248

public necessity

D invades P's property in an emergency to protect the community as a whole or a significant group of people. Property must contribute to emergency
Absolute defense. No liability can attach.

249

trespass

privilege as a defense is the difference between no _______ but compensation and ________ with compensation?

250

justification

catch-all defense for intentional torts, according to prof. Nuñez

251

negligence

Rule:
1. duty to act in some way
2. breach of that duty
3. causation
a. cause in fact
b. proximate cause
4. damages

252

reasonable prudent person

standard by which the conduct of others is measured, hypothetical person who behaves with full knowledge and alertness

253

delair v. mcadoo

tire blew out and hit another person. Should have known the tire was worn as a reasonable person would have known

254

inferences

we need to scrutinize our ___________ which we draw from our facts.

255

F. supp

the opinions of federal distrcit judges are published in this federal supplement

256

hawkins v. mcgee

Implied contract through a doctors guarentee.
A boy has a burnt has, Doctor makes a promise to make the hand perfect, hand ends up worse. (remedy restitution- what he paid for the operation)(Expectation damages- difference between a burnt hand and a perfect hand)

257

Kelo v. New London

-the taking of private land for economic development, and particularly for private sector development, has come under public scrutiny since the supreme court decision,
-Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public.

258

fifth amendment

eminent domain amendment

259

zoning estoppel

stopping a government from prohibiting land use once landowner has changed to conform to standard

260

Hodges v. Carter

fire destroys building and insurance company refuses to pay. Lawyers followed the local custom and mailed them notice there was no statutory authorization for service by mail though and the insurance companies moved to dismiss. No negligence bc lawyers were acting in good faith, standard was to mail and hasn't been challenged ever.

261

yes

Are children doing traditional childhood activities held to the same negligence standard as adults?

262

no

are children doing childhood activities held to the same standard as adults

263

profession

a reasonably prudent professional is held to the standards of his ______ and his knowledge, training, skill

264

conduct, casual, emotional

Intentional infliction of emotional distress:
1. intentional or reckless conduct
2. extreme and outrageous ________
3. _______ connection
4. severe ________ distress
possibly disabling

265

respondeat superior

an employer is vicariously liable for the behavior of an employee working within his or her scope of employment

266

no, yes

are insane person typically held to a different standard? is there a minority rule?

267

B10.7.3

capitalization
-supreme court
-full name of court
-court it should be adressed to

268

vested right

A right which the law recognizes as having accrued to an individual by virtue of certain circumstances and that as a matter of constitutional law cannot be arbitrarily taken away from the individual.

EX: A government makes zoning changes that affect development projects in progress. The developer may argue that it has acquired a vested right in the prior zoning, or can use the theory of estoppel.

269

substantial reliance tests

1. set quantum test--change position beyond certain point--project-based
2. proportionate test-- % completed v. % left --spend a substantial amount-- monetary
3. balancing test-- public v. development interests (physical construction)

270

special exception

A land use explicitly permitted by a zoning ordinance but subject to certain limitations

271

hardship variance

An exception to the application of a zoning ordinance for lots that, because of size, topography, or other physical limitations, do not conform to the ordinance requirements for the zone

272

In Re: worldcom

Michael Jordan is not a lost-volume seller. did not want new contracts

273

informed consent

consent by a patient to undergo a medical or surgical treatment or to participate in an experiment after the patient understands the risks involved. Full disclosure of effects and side effects must be provided. To give consent, the person must (a) demonstrate the capacity to decide, (b) do so voluntarily, and (c) have adequate knowledge of all salient aspects of the treatment.

274

utility of conduct

balancing test
In determining the utility of conduct that causes an intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:
(a) the social value that the law attaches to the primary purpose of the conduct;
(b) the suitability of the conduct to the character of the locality; and
(c) the impracticability of preventing or avoiding the invasion.

275

rules of nuisance

1. gravity of harm v. utility of conduct is an issue
2. Harm is serious-- the $ burden doesn't destroy
3. Harm is severe--defendants win

276

Surocco v. Geary

-Fire marshal blew up P's house to prevent fire from spreading.
-D not liable at all, even though it didn't stop the fire.

277

Surocco v. Geary

performing otherwise illegal act due to circumstances

278

quote from 2-606

"Determination of substantial impairment is made from an objective view or from the buyer's subjective view, considering the particular needs and circumstances

279

assault

intent to cause a harmful or offensive contact or imminent threat of harmful/offensive contact

280

battery

assault with contact

281

consent

a. Express ________ to an intentional interference w/ person or property is a complete defense.

282

offer, acceptance, consideration

three things needed to form a contract

283

contract

A promise or a set of promises for which the breach of the law gives a remedy, or the performance of which the law in some way recognizes as a duty.

284

promise

a manifestation of intention to act or remain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made.

285

bargain

formation of contract requires a

286

meeting of the minds

Mutual assent or agreement between the parties to a contract regarding the substance of the contract.

287

offer

manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to the bargain is invited and will conclude it.

288

revocable

offer is usually ____________ until accepted.

289

time

valid contracts are often made which do not specify the ____ for performance. however, we want the amount of _________ to be reasonable for single performance

290

power of acceptance

The offer must be communicated to the offeree; only the offeree has the _______ __ _________

291

rejection

a refusal of an offer by the offeree that brings the offer to an end.

292

acceptance by performance

Requires that at least part of what the offer requests be performed or tendered.

293

acceptance by promise

Requires offeree complete every act essential to the making of the promise.

294

42-43

revocation in restatements

295

impact, taking, expectation, severe

penn state balancing
1. Economic _______
-investment-backed expectations
2. nature of the _________
-physical invasion or something else?
3. not __________, but property.
4. how __________ a harm?

296

essential nexus

-relates to the appeal, i.e., individual can enlarge the house without providing access to the beach,
-Refers to a connection. Is the means of restriction justifiable in light of the right being restricted?

297

virtue

infinite ______ of his atoning sacrifice

298

warranty of fitness

seller warrants by implication that the goods will be fit for the purpose for which they are to be used

299

duty to disclose

Does one party have superior knowledge? Is the fact in question material? Does the party of superior knowledge have reason to believe that the other party has no other means of discovering the material fact? If the answer to all three of these is yes, then there is a _______ __ __________.

300

caveat emptor

"let the buyer beware"

301

apply, protect, effect

1. Does the statute ________?
-what harm is the statute designed to prevent?
-What is the text of the surrounding statutes?
-Other context signals.
Who is the statute is designed to _________?
Appropiate to use statute
i. Statute broad?
ii. Disproportionate damages
iii. consistent with the common law
iv. Causation (Bar brawl--was he already intoxicated)
2. What is the procedural _______ of the statute?

302

rebuttable presumption

Used in setting the statute as the standard of care. A presumption that is not conclusive and that may be contradicted by evidence. A presumption that applies unless proven inapplicable by the introduction of contradictory evidence.

303

mere evidence

use of statute violation law. looks at the evidence

304

direct force

Spano did away with _______ _________.

305

fault

you should have done something differently

306

causation

if it caused this, we have...

307

snowball

we don't send people to trial when there's not a chance of a _________ in Hades

308

exaction

steps for __________
1. essential nexus ie, exact relationship
2. rough proportionality

309

essential nexus

steps for exaction
1. ________ _________ ie, exact relationship
2. rough proportionality

310

Strawn v. Canuso

DUTY TO DEFECT DISCLOSE WHERE
o Known to seller, who is professional
o Materiality affects value
o Not readily observable (off-site)
o Not known to buyer, not real estate owner, remanded to trial court

311

implied warranty

an unwritten guarantee that the good, land or service is fit for the purpose for which it was sold

312

race statutes

whoever records first wins, regardless of the timing of transactions. No BFP protection

313

notice statutes

whoever gives notice first wins, regardless of the timing of transactions.

314

race-notice statutes

must record first AND have no notice of prior interest to win

315

actual notice

notice that has been expressly given and is known to a party. actually see the document.

316

constructive notice

the legal presumption that information may be obtained by an individual through diligent tile searching, properly recording documents in public record, actual document

317

keywords

look for __________ when distinguishing laws between notice, race and race-notice

318

common law

when statute doesn't work, look at _________ ______. (in race-notice)

319

A

O conveys to A, who fails to record. B has notice. O conveys to B, who records. who wins under race-notice?

320

B

O conveys to A, who fails to record. B has no notice. O conveys to B, who records. who wins under race-notice?

321

A

O conveys to A, who fails to record. B has no notice. O conveys to B, who fails to record. who wins under race-notice?

322

A

O conveys to A, A records. B has no notice. O conveys to B, B records after A. who wins under race-notice?

323

Inquiry notice

Notice the law presumes a reasonable person would obtain by inquiring into a property

324

property

you do not buy a __________ unless you know the full rights of the lesee

325

notice

notice is _________, be it actual, constructive, or inquiry

326

res ipsa loquitor

"The thing speaks for itself" ie.The accident is of the type that usually does not occur w/o negligence. requires exclusive control and things don't happen outside of negligence

327

Mcdougald v. perry

Tire case flying behind. When invoking res ipsa, the plaintiff does not need to eliminate all other possible causes, but needs to show that negligence is more likely than not the cause of the harm; the jury can draw on common sense in deciding whether an event normally occurs in the absence of negligence

328

exclusive, ordinarily

Res Ipsa applies when it is in the _________ control of the defendant, event does not ____________ occur without negligence

329

T

you could take res ipsa or theory of negligence to trial. In some jurisdictions, you can't take both T/F?

330

larson v. st. francis hotel

Ped walking outside of hotel and got hit by armchair thrown out of window. Hotel does not have exclusive control over armchair thus no res lpsa loquitir.

331

legaltrac

Law review/law journal index--1980 to present

332

Wilson ILP

Law review/law journal index--1982 to present and retro

333

law reviews

legal periodicals published by a law school, bar association, or academic organization with articles on legal subjects such as court decisions and legislation.

334

marvin v. marvin

can unmarried cohabitants contract into the rights of marriage? courts concerned that contract may rely on sexual services, therefore look like prostitution; Court is willing to say that living together as a couple may show intent to divide assets or show an implied contract and reliance

335

implied contract

a contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances

336

express contract

a contract statement that may be oral or written

337

quantum meriut

You are entitled to be paid the reasonable value of your services and material in a contract action when you have completed the work and the buyer refuses to pay because of some "minor" difference in what was contracted for. Not a contract.

338

consideration

Something of value that gets a person to enter into a contract; owner of property promises to convey marketable title and the buyer promises a certain amount of money

339

legal form

Set of statutes that make a "box" that situations can fall into. examples: marriage, wills, trusts

340

legal forms

marriages, trusts, wills, are examples of ____________ ________

341

functions of forms

cautionary function -warning
Evidentiary function -evidence that there was a contract
challenging function --certain transactions should go in a certain way. separate rules
facilitating function -- no need to reinvent the wheel

342

statute of frauds

State law requires certain instruments, such as deeds, real estate sales contracts and certain leases, to be in writing to be legally enforceable

343

hamer v. sidway

rich uncle; Promise: trust: key issues. timing limitations. stetting up trust forms

344

cestui que trust

beneficiary of trust

345

promise

essence of consideration is a return _____ or performance

346

doctrines

the doctrine of consideration is many __________. There is not just one rule.

347

consideration

some argue that ______________ must benefit the person who offered the contract

348

gift

as the value of consideration goes, it is less likely we will consider it a _______.

349

preexisting duty

A promise lacks consideration if a person promises to perform an act or do something he or she is already under an obligation to do.

350

matchless

As we commemorate the birth of Jesus Christ two millennia ago, we offer our testimony of the reality of His ________ life and...

351

fifty-fifty

with a burden shift, the winner at the _____-_____ level is the plaintiff, not the defendant

352

inference

three procedural jury instructions for res ipsa

1. _____________ -- there could be negligence
2. presumption --plaintiff has to prove it is more likely than not, jury starts out assuming negligence
3. shifts the ultimate burden of proof

353

presumption

1. inference of negligence-- jury is allowed to find negligence
2. __________ of negligence-- jury is expected to find negligence, burden on plaintiff
3. shift of burden of proof jury is expected to find negligence, def. has burden of proof

354

causation rule

"if the breach hadn't happened, accident wouldn't have occurred"

355

causation

1. cause in fact
2. proximate cause

356

breach, damages

causation links ________ with ____________.

357

gentry v. douglas hereford ranch

negligence in steps not shown to lead to man stumbling key issue: possible causation. Key idea: burden of proof is on the plaintiff for causation

358

cause in fact

"If it wasn't for you your father would still be alive"--Scar

359

narrow

Ybarra is a very _______ ruling. (multiple people, unconscious, etc.)

360

pepsi commercial

Ad: propoganda or no? Is there a right to the Harriet Jet

361

equitable estoppel

Legal principle that precludes a person from claiming a right or benefit because that person made a false representation to another person who relied on the untruthful statement to his detriment

362

proximate cause

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

363

Deus ex machina

any active agent (ie court) who appears unexpectedly to solve and insoluble difficulty

364

life estate

(law) an estate whose duration is limited to the life of the person holding it

365

fee simple determinable

An estate which has been created to exist only until the occurrence or nonoccurrence of a particular event. Returns automatically.

366

leasehold

land or property held under a lease (rent)

367

fee simple subject to a condition subsequent

An estate which is subject to a power in the original grantor, or the grantor's heirs, to terminate the estate upon the happening of an event. Thus, continued possession is not wrongful until and unless the holder of the power of termination has exercised it.

368

defeasible fees

present (property) interests which are of a potentially infinite duration which can be terminated by the happening of a specified event (condition).

369

more likely than not

torts liability is based on ____ _______ ____ ___

370

Daubert Test

Trial Judge is the gatekeeper of reliable Science: Reliability: 1) Was it tested and how, 2) Was it published or peer reviewed 3) What is the rate of error? 4) general acceptance in the community. (Not exclusive) Relevance: if expert testimony is true, would that matter?

371

fee simple subject to executory limitation

"A To B but if X event occurs, then to C." Third party--> the third party has a shifting executory interest. Unlike FS Determinable and FS sub. to cond. sub., the future interest is divested to a third party. reversion.

372

Davis v. Jacoby

Guy asked friends to care for wife, they did after he died. Suicide. will contradicted. Court considered bilateral K before death (promise to take care). If unilateral, acceptance only by performance, and offer revoked at death. RAE: Why not allow option post death?

373

reversion

an interest in an estate that reverts to the grantor (or his heirs) at the end of some period (e.g., the death of the grantee)

374

remainder

the rights to property after present interest expires

375

vested interest

an interest in which there is a fixed right to present or future to land. immediate knowledge of who that will be.

376

adverse possession

inquiry notice and ______ ____________ have similar requirements

377

fee simple determinable

To B so long as there is a smiley face.

378

possibility of reverter

The right retained when a fee simple determinable is granted.

379

right of entry

The right retained when a fee simple on condition subsequent exists; also referred to as the power of termination. Back to court. Not reversion

380

fee simple subject to a condition subsequent

"but if"
"however if"
"provided that"

381

fee simple determinable

"as long as/so long as"
"until"
"during"
"while"

382

fee simple subject to executory limitation

any condition, but than it goes to 3rd party automatically

383

executory interest

Future interest created in third-party transferee which is not a remainder and which takes effect by cutting short some interest in another person FSSEL

384

future interest

person's present right to an interest in real property that will not result in possession or enjoyment until some time in the future, such as a reversion or right of re-entry

385

grantor

interests in ________
a. reversion
b. possession
c. right of entry

386

transferee

interests in __________
a. remainder
i. vested (absolute right)
ii. contingent (having condition)
b. executory interest (inheritance)

387

vested

fixed and absolute and without contingency. vested now, future intereszt

388

contingent

A to B for life, than to heirs of C vested or contingent?

389

vested

A to B for life, than to C vested or contingent?

390

contingent

A to B for life, than to C if she survives B. B is still alive. vested or contingent?

391

contingent

A to B for life, than to C if she survives B If not, to D. vested or contingent? (remainder)

392

vested subject to complete defeasance

a remainder that can be completely lost if the terms of vesting are not met; not automatic

393

vested

if to existing children, it is ________ subject to partial divesture. if heirs, it is not _______.

394

subjectivity

"meeting of the minds" is not intended to introduce ______________.

395

promissory estoppel

a promise enforceable without consideration e.g. Hoffman v. Red Owl. tied to reliance

396

Kirksey v. Kirksey

Brother-in-law Δ promised Π a place to live after the death of her husband (Δ's brother). She abandoned her home in reliance on that promise and moved to that home. He subsequently kicked her off. Court held that the promise was a gratuity and therefore not enforceable. Issue: was moving 60 miles consideration?

397

motivations for enforcing contracts

1. offer-and-acceptance
2. estop people from not keeping promises.

398

90

Restatement __ states that there should be promises enforced if enforcement prevent injustice. (promissary estoppel)

399

negligence

two "but for" causes does not exclude a single party from being held liable for __________.

400

substantial factor test

a standard adopted in several states in place of proximate cause; in jury may hold a defendant liable in tort if it finds that defendants conduct was a major cause of the injury in question

401

summers v. tice

When two parties are negligent and an injury results, the parties will be held jointly and severally liable even if only the negligence of one party could have been the cause of the injury; burden shifts to the defendants to prove by a preponderance of the evidence that their negligence was not the cause of the injury

402

enterprise theory

suing whole market and showing working in cohort

403

sindell v. abbott laboratories

DES drug, gave pregnant woman for morning sickness, diziness, caused deformed children and caused cancer developed years later

THe idea of determining liability on the basis of market share of all producers came from

404

131

restatement ___ ( 2d, contracts) is about statute of frauds.

405

discussion of Davis v. Jacoby

trust; unilateral vs. bilateral contracts; partial performance. details of promise. travel; will you mail me?
"What was Rupert thinking?"
unilateral contracts--do we want performance

406

unilateral contract

-a contract that contains a promise by only one person to do something, if and when the other party performs some act.
-a one-sided agreement whereby you promise to do (or refrain from doing) something in return for a performance (not a promise)

407

bilateral contracts

In case of doubt, courts use __________ ____________ instead of unilateral.

408

option contracts

1. promise which limits power to revoke
2. made under seal, by extra consideration, reliance

409

45

restatement __:Where an offer invites an offeree to accept by rendering a performance, an option contract is created when the offeree tenders or begins the invited performance.

IE. by commencing climbing a flagpole, yo make an option contract

410

consideration

difference between unilateral contracts and promises.

411

return promises

difference between unilateral and bilateral contracts

412

Alsop v. Montoya

father's will overturned in the name of intent and economic efficiency

413

balancing test on selling restraint

1. scope of the restraint (few restrictions or total restrictions?)
2. method of restrain--disabling, forfeiture, promissory
3. nature of the interest restrained

414

invalid

a disabling life estate is _______ under fee simple

415

vested interest

(law) an interest in which there is a fixed right to present or future enjoyment and that can be conveyed to another

416

latches

a delay ( in pursuing or enforcing a claim or right) can be so long that the person against whom you are proceeding is unfairly hurt or prejudiced by the delay itself. Latches is an equitable defense used when a plaintiff delays unfairly in starting a lawsuit

417

affirmative waste

Life tenant actively chages the property's use or condition in a way that substantially decreased the property's value

418

permissive waste

(a) does not involved a voluntary act. It involves inaction. A life tenant has to act reasonably to protect the land from damage. If he fails to take reasonable steps, he can be sued.
EXAMPLE:
Life tenant receives a piece of property in Florida in an area where hurricanes are not uncommon. There are special storm windows that are to be placed on the structure during hurricane season to provide protection should a hurricane hit. Life tenant fails to install the storm windows, a hurricane hits and damages the property. This would be _________ _________.

419

ameliorative waste

1. Life tenant must not engage in acts enhancing property's value UNLESS all future interest holders known and consent
2. NY: life tenant may make reasonable improvements unless remaindermen object

420

Bartolone v. Jeckovich

minor initial injuries lead to schizofrenia--couldn't body build: judgement: causation based on precedent-- this led proximately to schizofrenia, based on past cases --Introduction of "take them as you find them" theory.

421

eggshell plaintiff

You do not have it intend or be ablee to forsee the plaintiffs injuries. - *you take the plaintiff as you find them including all their frailties. firm rule. only personal body and skull

422

negligence, intentional

the eggshell plaintiff theory applies in both ___________ and _________ torts

423

vested interest subject to partial divestment

O to A for life, then B's children. 1 child is born. there is a ________ __________ ________ ___ __________ __________.

424

contingent remainder

Remainder is created in an (as yet) unascertained person OR Is subject to a condition precedent (or both).

425

no

if A intends to shoot B but mistakes B for P. A misses P. B is not in the area. Do we need transfer of intent?

426

substantial factor test

a standard adopted in several states in place of proximate cause; in jury may hold a defendant liable in tort if it finds that defendants conduct was a major cause of the injury in question

427

charities, reliance

promissory estoppel started with _________, and requires _________ in most cases.

428

chattels real

Real estate interests less than fee ownership, such as tenant leasehold interests and mortgages, are known by....

429

term of years tenancy

A to B for 12 months, to commence January 31, 2010

430

periodic tenancy

A to B from month to month, commencing March 12, 2010

431

Tenacy at sufferance

wrongful continuing of possession

432

facts, liability

cause in fact is based on _________, proximate cause is based on ___________ analysis.

433

palsgraf v. long island r.r. co.

fireworks on train tracks. scale. When the foreseeable risks of a defendant's acts do not include injury to the specific plaintiff, than the defendant is not liable to the specific plaintiff because the defendant has not been negligent as it pertains to the P. A defendant's negligent act involves a zone of danger (risks) for which injury is reasonably foreseeable. When a plaintiff is outside of this zone of danger, no proximate cause exists for the injury.

434

validity of restraint

balancing test for determining _______ __ __________

1. Scope of restraint (total or partial)
2. Method (disabling - cannot sell, forfeiture - money from sale goes to someone else, promissory - contract enforced)
3. Nature of interest (life estate, fee simple) See chart on pg. 625)

435

tenancy at will

An occupation of space for an indefinite period which can be terminated by either the lessor or lessee at any time.

436

British Rule

if tenant has been denied possession, he/she can rescind unilaterally

437

partial actual eviction

o LL either physically using or authorizing someone else to use or blocking you from using part of the premises.

o Its partial because you cannot use part of the premises.

o Traditional remedy:
• If its NOT trivial you still don't have to pay rent then.

o Current Remedy:
• States will pro-rate or give partial abatement.

438

constructive eviction

action by a landlord that compels a tenant to leave the premises (as by rendering the premises unfit for occupancy)

439

actual eviction

the physical ouster of a tenant from the leased premises

440

partial constructive eviction

o Landlord causes a specific are of the home to be virtually unlivable, although they may not have blocked it off.

o You don't need to leave but you have to have left the area in question (East Haven)

441

penalty

regardless of the type of eviction, the ____________ is similar

442

warranty of habitability

Implied warranty in residential leases. The landlord covenants by implication that the premises are suitable for human occupancy. The implied warranties are found in the statutes and implied by common law.

443

contract, goods, services

_______ law is used for leases, because ________ and __________ are heavily involved with leases

444

repairing property

remedies for landlord not __________ ______________
1. rent withholding
2. abatement
3. repair and deduct

445

hoffman v. red owl stores

Hoffman owned a bakery and contacted Red Owl to inquire how to start one of their franchises. Hoffman told Red Owl he only had $18,000 available to invest and Red Owl informed him $18,000 would be sufficient to set up a Red Owl store. ended up costing $26,000, famous promissory estoppel case

446

Governance provision

provision in contracts saying who will make future choice about a long-term franchise

447

duty, proximate cause

judge Cardozo's Palsgraf opinion is mostly based on _______, but the reasoning is fairly similar to ____________ _________

448

proximate cause, duty

in Palsgraf, Judge Andrews puts forseeability in _______ _________, Cardozo puts it in _____, and limits duty to the plaintiff.

449

intervening cause

the cause that either interrupts a chain of events or substantially contributes to a result

450

superseding cause

an independent cause of injury or loss that insulates or relieves the defendant from liability for his or her negligence

451

intervening

question to ask in _______ causes: when we read the first part of the facts, can we see what will happen? (we do not have to forsee what the exact ________ cause will be)

452

intervening

In negligence and forseability: in criminal cases, you have to forsee _________ cause.

453

statute of frauds

State law requires certain instruments, such as deeds, real estate sales contracts and certain leases, to be in writing to be legally enforceable

454

statute of frauds

Things needed in writing come under __________ ___ ____________

455

reliance

promissory estoppel typically uses _________ damages

456

franchisor

the parent company of a franchise agreement that provides the product or service

457

franchisee

a person who buys a franchise

458

at will

franchise agreements are not terminable __ _______.

459

balfour v. balfour

Husband worked overseas. Wife stayed home and paid until they reunite. Later divorced. Cannot sue for payment, as agreement made whilst in amity, so not intended to be legally binding.

460

statute of frauds

if part of a contract is to be performed in over a year, it falls within the ________ ___ __________

461

139

restatement ___ 2d contracts states we can enforce contracts where the statute of frauds applies, method similar to promissory estoppel

462

consideration

when comparing consideration and statute of frauds, easier to get past the ________________ requirement

463

tips for torts final

be CAREFUL about what the question asks
Put it all together. Apply the fact to the rule.

no points for case names and facts

when there are multiple approaches talk about both, but

464

cases, facts

in contracts, but not torts/property, ______ and ______ are relevant

465

casual nexus

which issue caused what happened?

466

act

good Samaritan laws protect you if you do _____, but don't require you to ___

467

rent control

a price ceiling placed on rent

468

injury

if you cause an ________, you have a duty to act

469

nature, public

Rule in J.S. (sexual abuse case)
1. ______ of harm
severity
forseeability
2. preventability
3. comparative interests and relationshipsa
4. ______ policy & fairness

470

protect

under common law rule, duty to _______ requires a special relationship.

471

tenant, landlord

permissive waste liability is either to the ________ or ____________, depending on the jurisdiction

472

summary proceedings

Action for removal of T may be brought when demand for rent has been made and he doesn't pay or where he stays longer than lease without permission. tends to take time

473

self-help

A landlord doesn't have the right to _______-________, for instance, landlord locking out tenant.

474

berg v. wiley

The common-law rule that a landlord may rightfully use self-help to retake leased premises from a tenant in possession without incurring liability for wrongful eviction provided two conditions are met: (1) The landlord is legally entitled to possession, such as where a tenant holds over after the lease term or where a tenant breaches a lease containing a reentry clause; and (2) the landlord's means of reentry are peaceable. LAW DISFAVORS SELF HELP!

475

landlord

discussion of Berg: do we have to let the ______________ wait? how can we balance these rights with the rights of the tenant?

476

statutory lein

statement of property you want if lease/property contract defaults.

477

cotenancy

when two or more persons hold concurrent rights and interests in the same property.

478

tenancy in common

Form of co-ownership in which each owner holds an undivided interest as if he or where were sole owners; individual owners have right to partition, right of inheritance

479

joint tenancy

Co-ownership of real estate; when one of the owners dies, that interest goes to the remaining owners (right of survivorship)

480

tenancy by the entirety

A special joint tenancy between a lawfully married husband and wife, which places all title to property (real or personal) into the marital unit, with both spouses having an equal undivided interest in the whole property. In essence, each spouse owns the ENTIRE estate.

481

Unity of interest

tenants must have identical interests in share; so a joint tenant cannot have a one-fourth interest

482

unity of title

States that the joint tenancy interests were created in a single conveying instrument.

483

unity of possession

The right of each tenant to the possession and use of the whole property. (Joint tenants and tenants in common.)

484

Reletting

finding a new leasee after breach of first; original leasee has to cover difference, is still responsible for the account

485

possession

Each cotenant is entitled to full ___________ under joint tenants and tenants in common.

486

no, tenancy in common

A,B and C have a joint Tenancy, B sells to X. is there now a joint tenancy between A and C? if not, what is it?

487

unity of time

States that the joint tenancy interests of the joint tenants must have been acquired at the same moment.

488

die

liens, leases ____ with the owner in joint tenancy

489

firm-specific investments

Investments made by employees that have more value in a particular firm than in an alternative firm.
Think: Firms can treat employees with a high firm-specific investment badly because they are less likely to leave the firm.

490

contract

Promissory estoppel is not a __________!!

491

implied-in-law

argument that stated that legal obligations are inferred from merely having an employment contract

492

wagenseller v. Scottsdale memorial

I: Is public policy a good reason to prevent firing? How about a personnel policy manual? how about a good faith contract (AZ)

493

investing, incentives

some say employees are ______ in the company and contracts should not be at-will, others say at-will employment provides _________ for good performance

494

exceptions for at-will firing

1. Public policy
2. handbook
3. "Good faith and fair dealing"
(4. promissary estoppel)

495

illegal contract

Contract or promise whose performance, formation, or object is against the law. typically not enforceable.

496

legal, unjust enrichment

courts distinguish between contracts for murder/theft, and illegal contracts, whose underlying purpose was illegal but the top activity was _______. They use _______ _____________ as justification

497

physical damages

there is no recovery for economic damages without ________ __________.

498

physical damages

there is rarely recovery for emotional damages without ________ __________. If, however, there are _____ ___________, such as loss of weight, there can be recovery, even if there wasn't physical impact.

499

informed consent

duty to tell medical risks that Reasonable prudent patient would want to know
breach
causation-- would not have taken surgery if they had told risks
actual damages

500

special relationship,

you need a _________ ______________ for an affirmative duty