Tort
The four elements of negligence are duty, breach, causation, and this.
What are damages?
The three basic elements required for contract formation.
What are offer, acceptance, and consideration?
An uncle writes to his nephew about possibly selling a car. The nephew immediately responds, "I accept!"
Question: Why is there no valid acceptance?
Because the uncle's letter was only a solicitation or invitation to make an offer, not an actual offer. Therefore, the nephew's response is an offer, not an acceptance.
This tort occurs when a person intentionally enters another's land without permission.
What is trespass to land?
D points a gun at P. P sees the gun and believes she is about to be shot. No shot is fired.
What is Assault?
Assault only. P has awareness of imminent harmful contact, but no contact occurs.
This type of causation asks whether the injury would have occurred "but for" the defendant's conduct.
What is actual cause?
A promise to do something one is already legally obligated to do lacks this.
What is consideration?
An offer specifies a particular method of acceptance, but the offeree responds in a different way.
Question: Why is there no contract?
Because the offeree failed to accept in the manner required by the offer.
A person intentionally throws a rock onto another's property.
Question: Has trespass occurred?
Yes.
Without warning, D walks up behind P and slaps her.
What is Battery?
Battery only. P had no awareness before the contact, so no assault.
A driver texting while driving hits a pedestrian in a crosswalk.
What is breach of duty?
An acceptance that changes the terms of the offer is called this.
What is a counteroffer?
An offer states that silence will constitute acceptance, and the offeree remains silent.
Question: When can silence operate as acceptance?
Only if the offeree actually intended to accept under the circumstances.
A person remains on property after being told to leave.
Question: What tort may have occurred?
Trespass.
D approaches P with a knife. P sees the knife and fears being cut. D then cuts P's arm.
Question: What are Assault and Battery?
Both. P experiences apprehension before the contact and then suffers harmful contact.
This doctrine allows a plaintiff's damages to be reduced based on their own fault.
What is comparative negligence?
An auctioneer asks, "Do I hear a bid for this sofa?" Someone responds, "$300."
Question: Why has no contract been formed?
Because a bid is an offer, not an acceptance. The auctioneer has not accepted it yet.
An offeror says, "I'll sell you my bike for $200." The offeree responds, "I accept if you include the helmet."
Question: Has the offer been accepted?
No. This is a counteroffer.
This mental state is required for trespass.
What is intent to enter the land?
D tells P, "Next week I'm going to beat you up."
What is Neither?
Neither assault nor battery. The threat concerns future harm, not imminent harm.
A defendant leaves a manhole uncovered. A pedestrian falls in and is injured. The injury is exactly the type of harm expected.
What is proximate cause?
Yuki says, "I'm going to sell my car for $500." Tim immediately hands over $500 and says, "I'll take it."
Question: Why is there no contract?
Yuki's statement was merely an invitation to negotiate, not a definite offer.
An offeree receives an offer and simply does nothing.
Question: What is the general rule regarding silence?
Silence is not acceptance.
A hunter accidentally crosses onto private land because he read the map incorrectly.
Question: Has tresspass every occured?
Yes.
A rock strikes P from behind. P never saw it coming.
What is Battery?
Battery only. Harmful contact occurred, but P had no apprehension beforehand