Contracts (common law)
What are the three requirements for a contract?
1. offer
2. acceptance
3. consideration
The UCC covers what?
Sales of goods
Criminal liability may be imposed only if the defendant voluntarily acted or _______.
failed to act.
People v. Shaughnessy
What are three rights included in the bundle of rights?
Right to include and transfer
Right to exclude
Right to destroy
If a purported option agreement is not supported by consideration, it is _______, and the offeree can __________.
If a purported option agreement is not supported by consideration, it is deemed to be a mere offer, which the offeree can specifically enforce if the offer is accepted before it expires or is otherwise revoked.
What is a crucial element in determining a good?
Movability
With respect to intentional homicides, what differentiates first-degree murder from second-degree murder?
The required mens rea, or culpability, differentiates first-degree murder from second-degree murder. First-degree murder requires premeditation or deliberation. Second-degree murder does not; it requires only malice aforethought.
In some states, first-degree murder may separately or additionally be defined by statute as an intentional killing either carried out by specific means (e.g., poisoning, bombing, or torture) or committed upon a specific class of victim (e.g., a police officer).
Does pursuit of a wild animal vest property rights in the pursuer and what rule is your answer based on?
No. Rule of Capture. Pierson v. Post
What is the time standard for accepting an offer?
Bonus 50 pts: what case did you guys review that exemplified this?
A contract may be created by acceptance within a time frame specified by the offer or, if no time is specified, within a reasonable time.
Ever-Tite Roofing Corp. v. Green
Finish the statement regarding contract formation under the UCC: (does not have to be exact)
A contract for sale of goods may be made in any manner sufficient to show agreement , including __________________________.
A contract for sale of goods may be made in any manner sufficient to show agreement , including conduct by both parties which recognizes the existence of such a contract .
UCC Section 2
Under the common law, what is actus reus?
the physical act or unlawful omission that constitutes a crime
What are the elements of adverse possession?
Actual
Open and Notorious
Exclusive
Hostile
Continuous
Courts try should try their best to construe a contract in a way so that it is _________.
enforceable.
A contract that omits an essential term can be enforceable if the contract provides the means by which to ascertain the term with sufficient certainty.
Moolenaar
What does the finder of fact NOT have to determine in a UCC agreement?
Section 2-204(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
For a felony to trigger the felony-murder rule, what connection must it have to the victim’s death?
For a felony to trigger the felony-murder rule, the defendant's felonious conduct must be both the cause in fact and the proximate cause of the victim’s death.
Under the rule of finders, lost property belongs to ____________ whereas mislad property belongs to ____________.
finder; person who owns the land where it is foun
(this is what I learned in my class)
In Alaska Packers’ Association v. Domenico, what why was the agreement not enforceable and why?
The takeaway and rule: A contract that obligates a party to perform what he or she has a prior existing duty to perform under an earlier agreement is not enforceable, because it lacks consideration.
One key difference between traditional contract law and UCC Section 2-204(2) is that the UCC prioritizes __________ over __________.
One key difference between traditional contract law and UCC Section 2-204(2) is that the UCC prioritizes intent to contract over definiteness of terms.
With respect to intentional homicide, does the law specify any particular length of time of reflection that must occur for premeditation to exist?
No. Premeditation can occur during even the briefest of intervals.
A fee simple absolute has a/an _________ duration and is _________ transferable.
A fee simple absolute has an undefined, maybe infinate, duration and is fully transferable.