Contracts
what are the two ways to revoke a K
1) notice before acceptance
2)communicated to offer
defeasible fees
(terminated by the occurrence of an event)
fee simple determinable
fee simple to a condition subsequent
fee simple to an executory limitation
when is a witness unavailable under 804
(5)
1. dead/ cant be found/ physical-mental disability
2. refusal
3. can't remember
4. exempt on grounds of priv
5. absent cannot be subpoenaed or otherwise made to be present
diff b/t good samaratin rule and rescue doctrine
Rescue doctrine = lets injured rescuer sue wrong doer
Good Samaritan = No liability absent negligence - rescue encouraged
venue vs jx
JX = power of court to hear/adjudicate
venue = which courthouse is right location
*** once JX is established over D
Under the UCC for vague/ missing terms other than subject matter and quantity
Rule against perpetuities
A contingent interest is invalid unless it vests within 21 years after the death of the last living person id at time interest created.
what are the buzz words for PSI & EU
PSI = statement - while or immediately after the declarant perceived it
EU = statement - made while declarant is still under the stress of excitement
when does eggshell p rule kick in?
when D's negligence causes ANY injury ->>on hook for fragile P's full damages
*** does not matter if P extra fragile
21 days (60 is waived service)
what is anticipatory repudiation and what happens after party states breach
may be established by party stating the breach / may req adequate assurance of performance
express easements - how are they created
(G+R)
by grant or by reservation
Past recollection recorded vs
past memory refreshed
PRR = read onto to the record / no writing required (can't be as an exhibit unless adverse party admits)
PMR= can be used to refresh W memory ≠ jury's awareness
Battery elements
Initial disclosure
14 days after rule 26 F conference (planning discovery)
What is the parol evidence rule and what is not allowed
a way for courts to bring in extrinsic evidence in support of explain/ interpret ambiguity NOT to bring in evidence or prior oral/ other agreements contrary to the one at issue
easement by estoppel - how is it created
(GF)
good faith reliance on repeated use
Opposing party's statement
(think of sally being bit by the wolf, Using someone else's words, representation, or partner)
-not hearsay if:
Party own words
used against them
*** Can be adopted, authorized, agency/ EE, co conspirator
assault elements
intent,
to cause P to anticipate (IMMINENT & HARMFUL) offensive contact w P,
D's conduct causes P to ANTICIPATE such contact w P person
Time frame for amending
21 days after service of pleading motion
what kind of damages are available in contracts
ERRLMICNI
Equity = prom estoppel
diff b/t real property and equitable servitude
A real covenant is enforceable at law and requires horizontal and vertical privity, while an equitable servitude is enforceable in equity with notice but without strict privity requirements.
Short answer: RC = H+V privity / while ES = notice but no privity
in PRR the evidence consists of the contents of a hearsay doc or memo; in Present recol rephreshed, evidence consists of the testimony of a witness consulting his present, revived memory
what case?
True - Ricardi
Res ipsa
ACCIDENT SPEAKS FOR ITSELF -
negligence inferred when 91) event doesn't occur absent neg (2) instrumentalist under D's control (3) p not at fault
** EX - barrel of flower falls out of a warehouse window and injures a pedestrian. Barrels don’t just roll out of windows without someone being negligent, the warehouse had control, and the pedestrian did nothing wrong
Erie Doctrine
Fed court + conflict (bt state / fed law) = ERIE
Key words= diversity = apply state substantive law / FRCP