Contracts
This case held that substantial performance in a unilateral contract renders the offer irrevocable
Cook v. Coldwell
This doctrine from Summers v. Tice applies when multiple negligent defendants caused a risk and the burden shifts to them to identify who caused the harm
Alternative liability / burden shifting
Waiving service gives a defendant this many days to respond instead of 21
60 days
This type of concurrent estate includes a right of survivorship and requires the four unities of time, title, interest, and possession.
What is a joint tenancy
A charitable subscription becomes enforceable when there is both a promise and either consideration or reliance, according to this case
King v. Trustees of Boston University
This case involved detrimental reliance where a business incurred expenses during lengthy negotiations, satisfying restatement §90
Pops Cones v. Resort International Hotel
In this case, a patient injured while unconscious could hold all medical staff liable because they were in control of the instruments and body
Ybarra v. Spangard
This group of defenses must be raised in the first response or they are waived
FRCP 12(b)(2)-(5)
This doctrine allows a tenant to terminate a lease if the landlord's wrongful conduct substantially interferes with use and the tenant vacates
This case explains that a past action cannot constitute consideration for a later promise even when moral obligation is invoked
Mills v. Wyman
This is the remedy aimed at preventing unjust enrichment by awarding the value of the benefit conferred, not the promise made
restitution
The difference between NIED liability to a direct victim and a bystander
Direct: The emotional distress arises from the defendant's negligence and is owed directly to the plaintiff (mishandling a loved ones medical care)
Bystander: The plaintiff suffers emotional distress from witnessing harm to a close family member (must be present at the scene)
This type of claim is always permissive and if filed against a co-party
what is a crossclaim
Under sawada v. endo, property held in this form is generally immune from creditors of only one spouse
tenancy by the entirety
the UCC §2-710, a seller may recover these damages, which include commercially reasonable charges incurred after the buyer's breach
incidental damages
This test determines whether a hybrid contract should be governed by the UCC or by common law
the predominant purpose test
This case held that defendants owe no duty to plaintiffs outside the zone of reasonably foreseeable danger.
Palsgraf v. Long Island Railroad
What allows non-parties to join a lawsuit as of right or with permission
FRCP 24
this remainder is given to a class of living people whose number may grow, reducing the size of each member's interest
a vested remainder subject to open
the pennsy supply "benefit to the promisor" test
This type of promise appears to bind someone, but actually binds them to nothing
ex. "I promise to buy you lunch if I feel like it."
an illusory promise
This form of comparative negligence reduces a plaintiff's recovery by their percentage of fault and bars recovery if they are 51% or more responsible
Modified comparative negligence
under this rule, electronically stored information must be produced as kept or in a reasonably usable form
FRCP 34 (e-discovery)
a grant "to A for life, than to B if B becomes president" creates this type of remainder in B
contingent remainder
This doctrine prevents a party from denying a promise when the other party reasonably relied on words, conduct, or circumstances that functioned as the equivalent of a promise
equitable estoppel