Torts
In the tort of Intentional Infliction of Emotional Distress, the conduct at issue must be these two words
Extreme and Outrageous
True or False:
When a breach is non-material, may the non-breaching Party suspend its performance of its K duties while awaiting the breaching Party to cure its breach?
False.
The traditional remedy for a violation of a real covenant?
Money damages
The deadline to order OutLaws merchandise
February 28th
The tort of Intentional Infliction of Emotional Distress has this different mental of the defendant than other intentional torts
Reckless
True or False:
Does a waiver of an ancillary condition require consideration for the waiver to be enforceable?
False.
The easement a buyer most likely has where the owner of land sells a portion of the property and the sold land becomes landlocked as a result
The document filed in response to another party's complaint
The Dean of Student Affairs
Dean Gilbert
The various tests for Negligent Infliction of Emotional Distress modify this element of a traditional negligence claim
Duty
All Parties' performances can occur simultaneously. The timing of when the Parties must perform is NOT stated in the contract. No words in the contract indicate any Party's performance is a condition.
Which Party must perform first?
The Parties must perform at the same time. Each Party’s performance is a constructive condition concurrent of the other Party’s duty to perform.
True or False:
Where the owner of land has a strong need for an easement to access her land, she will always be granted an easement by necessity
False. Necessity alone is not enough - there must be common ownership followed by separation of title resulting in a landlocked parcel, AND reasonable necessity
True or False:
Unless promptly corrected after being brought to the deficient party's attention, the Court must strike an unsigned paper from the record.
True.
The religious affiliation of Capital Law School
Unaffiliated (undergrad campus is Lutheran)
This Latin phrase refers to the fact that minimal intrusions on land are actionable as trespasses to land
De Minimis
In a two-year contract, Party X made the first six months of payments to Party W on time. The Party X's seventh payment was late by a few days. Party W was insecure about whether Party X would make its eighth payment on time. The Parties had no prior dealings with each other before this contract.
Which assurance is likely available to the insecure Party?
The demand of verbal assurances of future timely payments
That which must run for C to enforce a restriction against A, where A and B agree to a land use restriction and B later sells his land to C
The benefit must run
By signing, filing, submitting, or advocating for a representation to the court, a signee certifies that the representation NOT presented for this:
Any improper purpose
The acronym for an ethical exam that attorneys must pass to practice law in Ohio
MPRE
Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress are recently developed in the case law. This term describes their role and why they were developed -
"Gap Filler"
There are no words in a contract that state when each Party will perform or who must go first. One Party’s performance will take time, and the other Party’s performance will NOT take time.
Which party must go first?
The Party whose performance takes time must go first. That Party's performance is a constructive condition precedent for the duty of the other Party to perform.
If a person owns dominant land which benefits from an express easement appurtenant, is that person within their rights to use the easement to access additional land that is acquired after the easement was created?
No. This use of an easement to access non-dominant land is a "misuse" of the easement
1. The representations are objective reasonable
2. You have questioned the client's facts thoroughly
3. You have performed a reasonable investigation
How many trans collegiate athletes are there in the entire country who are being targeted by Republican lawmakers?
Less than Ten - source, NCAA