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
A buyer and a seller agreed to form a contract. Under the terms of the agreement, the seller would sell a quantity of goods, the amount to be determined later, to the buyer for a price that they would both agree to at the time of delivery. They also agreed that the date and place of delivery would be determined within a few months.
If the buyer never hears from the seller again, is the buyer likely to prevail in a breach of contract claim and why?
No, because the essential terms are so open and indefinite that a court would likely conclude that the parties never intended to make a contract.
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
Conveyance: O to A for life, then to be if B is 30 then, if B is not 30 then to C.
What does A have?
50 point bonus: What does B have?
A: Life estate
B: contingent remainder in fee simple absolute (Professor specific)(class, is this right?)
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
A motorist, who was texting while driving, drove onto the road’s shoulder, striking and killing a cyclist. The motorist was convicted of reckless homicide.
Which of the following facts, if true, would most support this conviction? MPC jurisdiction
D is correct. A crime is not a crime without a culpable state of mind, or mens rea. Under the Model Penal Code, there are four bases of mens rea: purposeful, knowing, reckless, and negligent. A defendant is negligent if the defendant ought to have been aware of a substantial and unjustifiable risk. By contrast, a defendant is reckless if the defendant was actually aware of a substantial and unjustifiable risk but consciously disregarded it.
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)
A national employer had used a generic employment agreement when it hired its employees, all of whom worked on an at-will basis. The employer’s outside counsel advised that state-specific employment agreements were preferable. The employer sought to have current employees execute new, state-specific employment agreements. The agreements did not materially alter the terms of the prior generic employment agreement; the job responsibilities and salary for existing employees did not change. However, the employer required current employees to sign and agree to them in order to remain at their jobs.
Are the new state-specific employment agreements enforceable?
Yes, because the new state-specific employment agreements are supported by consideration.
Quimbee Formation of contracts q. 78
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.
The city of Rivertown has experienced a sharp economic decline over the past decade. To revitalize the area, the city government approves a redevelopment plan that includes shopping centers, office buildings, and public parks. As part of the project, the city seeks to acquire several residential properties through eminent domain.
One of the homeowners, Alex, has lived in their house for 30 years and refuses to sell. Alex argues that the taking is unconstitutional because the government is transferring the land to a private developer rather than using it for a strictly "public" purpose like a highway or school.
If Alex files a lawsuit, claiming that the city’s actions violate the Takings Clause of the Fifth Amendment, which states: "nor shall private property be taken for public use, without just compensation" is he likely to succeed?
No. In Kelo v. City of New London (2005), the U.S. Supreme Court ruled that economic redevelopment can qualify as a valid public use under the Fifth Amendment, even if the property is ultimately transferred to a private party, as long as the taking serves a broader public benefit (such as job creation or economic growth).