TORTS
Pure Comparative Negligence
P recovery reduced by % of fault
3 types of federal SMJ
federal Q
supplemental
diversity
Irrevocable Offers (4)
Option contracts
Firm offers
Detrimental Reliance
Unilateral Performance
What statements can be brought in when the declarant is unavailable
dying declaration
former testimony
statement against interest
Which type of concurrent estate does not have a right of survivorship?
tenancy in common!
What damages does a plaintiff get after a conversion
The full market value of the property at the time of the conversion
when is the only time diversity needs to be met
at the time the suit is filed
For prompt shipment of goods, what is the status of the contract when the seller sends nonconforming goods with notice of accomodation
It is treated as a rejection and counteroffer
What can a prior ID statement be admissible
when the declarant is testifying and subject to cross-exam
What do you need for a valid deed
Delivery
Acceptance (which is presumed)
Elements of Intentional Misrepresentation
false statement of material fact
D knows it is false
intended to induce reliance
P justifiably relies
Damages to P - actual or pecuniary loss
How is the evidence viewed in JMOL motion
in the light most favorable to P
A contract modification under the UCC needs
Good faith
Who holds spousal privilege
The witness spouse
Which interest has a "right to re-entry" from the grantor
What are the five elements of attractive nuisance
1. A dangerous condition on the property that is likely to attract children
2. the condition poses an unreasonable risk of death or serious bodily harm
3. children do not understand the nature of the risk
4. the burden of eliminating the danger is slight compared to the risk of the children
5. the landowner fails to exercise reasonable care to eliminate the danger or protect children
What three defenses are not waived after an answer
lack of SMJ
failure to state a claim upon which relief can be granted
and failure to join a party
Parol Evidence doesn't apply in 4 instances where there is...
Condition precedent
a second. separate deal
an ambiguous term that needs to be cleared
a defense to contract formation
Hearsay Exceptions
present sense impression
excited utterance
then existing mental emotional or physical condition
statement for medical diagnosis or treatment
business records
public records
past recollection recorded
Alternatives to Mortgages
Absolute deed
condition of sale or repurchase
equitable mortgage
deed of trust
installment land contract
Components of abnormally dangerous activities (strict liability)
high risk of harm
not commonly found in the community
risk that cannot be eliminated with due care
A plaintiff seeking a preliminary injunction has to show what elements
she is likely to suffer irreparable harm if the preliminary injunction is not issued
she is likely to suffer greater harm than the defendant will if the preliminary injunction is not issued
she is likely to succeed on the merits AND;
the injunction is in the best interest of the public
Limitations to Expectation Damages
Has to be reasonably certain
Consequential damages can only be recovered if they are foreseeable
Plaintiff has the duty to mitigate the damages
Impeachment Methods
Showing bias
prior inconsistent statements
bad character for truthfulness
prior convictions
prior bad acts
What are the exceptions to the due-on-sale clause
1. Devise, descent, or transfer to joint tenants upon death
2. Transfer to child or spouse
3. Transfer to ex-spouse upon divorce
4. Transfer to borrower's living trust
5. Leasehold of 3 years or less with no option to purchase
6. Obtaining a subordinate lien with no occupancy rights