Torts
Evidence of it is relevant, but not persuasive.
What is custom?
The amount that would put the nonbreaching party in the position the party was in before the amount that the party was in before entering into the contract.
What are reliance damages?
Jurisdiction over an individual defendant based on the individual’s domicile that allows the individual to be sued in the individual’s home state on any cause of action, irrespective of whether there is a connection between the defendant’s activities or contacts in that state and the cause of action.
What is general jurisdiction?
A substantial and unreasonable interference with a person’s use or enjoyment of their property.
What is a private nuisance?
A cause of action is only available if the defendant’s statement was made with “actual malice."
What is a claim for defamation when the plaintiff is a public figure?
An unintended manner of production renders a product more dangerous than usual.
What is a manufacturing defect?
Consideration cannot be based on a promise to act in a way that is the same as the promisor’s then-existing legal obligations.
What is the preexisting duty rule?
*outline says it most commonly test in conjunction with modifications
What a court has over an individual who is personally served while voluntarily present in the forum state.
What is personal jurisdiction?
When a group of people all engage in a tortious enterprise.
What are joint tortfeasors?
The nonbreaching party is required to fulfill its remaining duties but may then sue to recover damages.
What is what happens when there is a partial breach or immaterial breach?
Multiple defendants may be liable when each is negligent but it is unclear which one caused the plaintiff’s injuries.
What is alternative liability?
Special damages that are caused by the breach but that do not directly flow from the breach; they are awarded only if they are reasonably foreseeable to the breaching party.
What are consequential damages?
Where it's incorporated and where its principal place of business--aka its nerve center-- is located.
What are the places a corporation is a citizen for subject matter jurisdiction purposes?
Even before performance is due, one party may indicate that the party does not intend
to perform. The communication must be unequivocal, absolute, and definite, and it must
involve the entire performance
What is anticipatory repudiation?
Where its constituent members are citizens.
What is the citizenship for unincorporated associations for purpose of SMJ? For example, LLCs.
When the plaintiff was in the zone of danger, when the plaintiff experienced an impact, or when the plaintiff can satisfy the requirements of bystander recovery?
What are the exceptions to the rule that a plaintiff cannot recover for purely emotional distress?
When one party has reasonable grounds to believe
the other party may not perform, but the other party has not anticipatorily repudiated the contract, the party that has reasonable grounds to believe the other will fail to perform has the right only to temporarily suspend performance and request assurance that the other party’s performance will not be impaired.
What is request for adequate assurances?
“Residence” for venue purposes means any judicial district where the entity would be subject to that court’s personal jurisdiction for that action.
What is a defendant entity?
For example, a corporation.
Requires mutual assent, certainty of terms, and new or different consideration unless it is fair and equitable because of circumstances unanticipated by the parties when the contract was formed.
What is a modification under common law?
Acceptance occurs if the buyer:
(1) Tells the seller that the goods conform;
(2) Fails to reject the goods after having a reasonable time to inspect them; or
(3) Acts in a way inconsistent with the seller’s continued ownership of the goods (such as
using the goods).
What is when the buyer’s right to reject the nonconforming goods is extinguished?
When a plaintiff who cannot establish that a doctor’s negligence was more likely than not the cause of the plaintiff’s harm, the plaintiff can nevertheless bring a medical malpractice claim for reduced damages.
What is the lost chance doctrine?
An order to buy goods for prompt shipment
invites acceptance either by a prompt promise to ship or by the prompt shipment of conforming
or nonconforming goods. (If the goods shipped are nonconforming, the seller may be in breach of the contract created by the shipment.)
What is an offer to purchase goods via shipment under UCC?
“Residence” for venue purposes means the district where its principal place of business
is located.
What is a plaintiff entity?
For example, a corporation.
Where it is incorporated, where it has its principal place of business, and where it has contacts so substantial as to render it essentially at home.
What is where a corporation is subject to general jurisdiction?
For debts that are jointly owed, a promise by one of the debtors to pay the entire debt on behalf of both debtors, and a surety’s promise to pay another’s debts when the surety’s main purpose is motivated by protection of an economic or other material benefit.
What are exceptions to when a suretyship must be in writing as per the statute of frauds?
For examples, look at page 26 of the outline.