Torts :(
This doctrine allows juries to infer breach from circumstantial evidence when the accident ordinarily does not occur absent negligence.
Res Ipsa Loquitur
What test for proximate causes asks "Was P’s general sort of harm one of the potential risks?"
Risk Rule
If a statute doesn't specify the mens rea, what do you assume?
recklessness
What crime has Pinkerton liability?
Conspiracy
At common law, this doctrine holds that an acceptance adding or changing terms is not an acceptance but a counteroffer.
Mirror Image Rule
To whom does a landowner/occupier owe a duty to warn/protect/rescue from known dangers and dangers a reasonable person should have known about?
Invitee
When can strict liability be imposed for a domestic animal?
When D knew or should have known that the animal had dangerous propensities beyond its class.
This inchoate offense requires specific intent to commit the target crime but does not require an overt act under common law.
Solicitation
This type of murder does not require intent to kill but only extreme recklessness, demonstrating extreme indifference to human life.
Depraved Heart Murder (2nd Degree)
What kind of contract is formed when the offeree’s performance is complete at the point of contract formation, and only the offeror’s performance remains outstanding when the contract is created?
Unilateral Contract
This doctrine applies when multiple negligent defendants cannot prove who caused the harm, shifting the burden of proof to them.
Alternative Liability
What are the three exceptions to the FTCA?
(1) Can’t sue for strict liability or intentional torts
(2) Can’t sue for injuries during wartime (Farrah's Doctrine)
(3) Can’t sue the Post Office
Under the MPC, an unreasonable but honest mistake regarding the need for self-defense often leads to this result.
Reduces purposeful/knowing conduct to recklessness or negligence (imperfect self-defense)
Under common law, necessity does not typically justify this class of offenses.
Homicide
This form of reliance-based recovery applies when a promise is made, the promisor should reasonably expect reliance, and injustice can be avoided only by enforcement.
Promissory Estoppel
Under this privilege, a defendant may enter another’s property in an emergency but must pay for any damage caused.
Private Necessity
What are the 3 requirements for implied assumption of risk?
(1) P had actual or constructive knowledge of the risk in that particular situation,
(2) had appreciation of the risk, and
(3) voluntarily exposed themself to the risk.
What is required for a valid mistake of fact in MPC?
Mistake must negate the mens rea (but nothing negates negligence)
What is often the most important consideration for the Res Gestae limitation to the felony murder rule?
Time
This measure of damages is available when expectation damages are uncertain and the plaintiff has conferred a benefit on the defendant.
Restitution
This defense applies when the plaintiff’s injuries stem from risks that were inherent, obvious, and necessary to the activity (ex: sports), even without express agreement.
Primary Assumption of Risk
What is the exception to the general rule that if P’s level of culpability is less than D’s, then no comparative fault?
Comparison not allowed if risk that made D’s conduct tortious was specifically the risk of the P doing an intentional or reckless act.
What are the two types of impossibility defenses recognized for attempt in MPC?
Pure Legal Impossibility (complete) and Inherent Impossibility (partial)
How can an initial aggressor regain their right to self-defense?
Can regain self-defense if they communicate intent to withdraw & make a good-faith effort to do so.
Consequential damages are recoverable only if...
They were foreseeable at the time of contracting.