Torts
This case held that a homeowner must warn social guests of known dangerous conditions
Rowland v. Christian
a summons may be left with a suitable person of age and discretion at this location
the individual's dwelling or usual place of abode
this doctrine implies that residential landlords must maintain premises in safe and habitable condition
the implied warranty of habitability
A contract falls within this category if it cannot be completed within one year by its terms, requiring a writing under the Statute of Frauds
the "Year" category of MY LEGS
This form of liability applies to fungible products when the specific manufacturer responsible cannot be identified
Market share liability
This doctrine imposes liability on landowners for dangerous conditions that attract children, regardless of their purpose for entering
Attractive nuisance
This type of counterclaim arises form the same transaction/occurrence and is waived if not raised
compulsory counterclaim
under the majority approach, this is the default form of concurrent ownership when a deed reads to "A and B"
This type of contract arises when actions, context, or the ability to reject suggest one party implicitly requested a benefit
an implies-in-fact contract
This category or visitor is owed a duty of reasonable care and requires hazards to be fixed or warned about because they enter for business purposes.
invitee
This case held that emotional shock suffered by someone outside the zone of danger is not compensable
Waube v. Warrington
This rule 23(a) prerequisite requires a common question of law or fact among class members
this type of remainder is vested in an ascertainable person but may be cut short id a condition subsequent occurs
a vested remainder subject to divestment
this case allowed recovery in restitution where the plaintiff saved the defendant's life, establishing the material benefit rule
Webb v. McGowin
This concept refers to accidents where no direct evidence exist, but the jury may infer negligence from the circumstances
Circumstantial evidence (Hoyt v. Jeffers)
This defense fails when consent is obtained through fraud, duress, or when the plaintiff lacks capacity
invalid consent
this federal statute expands diversity jurisdiction over certain class actions exceeding $% million
the class action fairness act (CAFA)
this future interest remains with the grantor after giving a life estate, such as "to A for life."
a reversion
This four-part test determines whether a quasi-contract claim exists: benefit conferred, knowledge, retention, and inequity in retaining without paying
The elements of Commerce v. Equity
This test asks whether the defendant's actions were a significant contributor to the plaintiff's harm
Substantial factor test
This rule allows a mother to recover for emotional distress when negligent medical treatment injures her child during childbirth because she is a direct victim
NIED for direct victims
Burgess v. Superior Court
this rule requires a court order, good cause, and relevance for a physical or mental examination
FRCP 35
this landlord-tenant doctrine holds that the landlord must refrain from interfering with the tenant's quiet enjoyment, and any substantial interference (actual or constructive) violates this promise
the covenant of quiet enjoyment
This UCC section defines goods as items movable at the time of identification and excludes money and intangible rights
UCC §2-105
This doctrine allows negligence to be inferred when the accident ordinarily does not occur without negligence and the defendant controlled the instrumentality.
Res Ipsa Loquitur