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Contracts Elements
Contracts Misc.
Contracts Definitions
Torts Definitions
Torts Elements
100
(1) a manifestation of mutual assent by two or more persons each with at least partial legal capacity, (2) consideration, and (3) reasonably-certain terms.
What are the elements of a contract.
100
A promise to modify a contract governed by the U.C.C. is enforceable without consideration as long as the promisee acted in ___________ in obtaining the promise.
What is good faith.
100
manifestation of intention not to accept an offer unless the offeree manifests an intention to take it under further advisement
What is rejection.
100
Conduct that creates an unreasonable risk of harm.
What is negligence.
100
(1) duty of care; (2) breach of duty; (3) harm; (4) actual cause; and (5) proximate cause.
What are the elements for a negligence prima facie case.
200
Offer requires (1) a manifestation of assent (2) by an offeree (subject to limited exceptions); (3) to the terms of the offer (4) made in a manner invited or required by the offer (5) while the offeree still has the power of acceptance.
What is acceptance.
200
What courts use to determine whether an event is a condition or simply a promise.
What is the objective theory of contract interpretation.
200
The non-occurrence of a condition is excused if (1) the party whose duty is subject to the condition waives the occurrence of the condition; and (2) the occurrence of the condition is not a material part of the agreed exchange.
What is waiver.
200
Plaintiff is completely barred from recovery.
What is contributory negligence.
200
(1) Plaintiff is a member of the class protected by statute, and (2) Plaintiff’s injury was the type of injury the statute was intended to prevent.
What is negligence per se.
300
(1) the formation of a contract; (2) the occurrence of any conditions to the defendant’s duty to perform or that the non-occurrence is excused; and (3) a repudiation.
What is a breach of contract.
300
The delivery and acceptance of a deed extinguishes the previous contract for sale, and “all preliminary understandings, negotiations and agreements, both written and oral, regarding the conveyance, are held to merge in the deed.”
What is the merger doctrine.
300
If a contract involves multiple promises on each side, and it can be concluded that pairs of corresponding promises were consideration for each other, those corresponding promises are considered “divisible” or “severable” from the other corresponding promises in the contract.
What is the doctrine of divisible contracts.
300
When it is within the scope of the original risk, it is not a superseding cause and original tortfeasor is liable.
What is Intervening cause.
300
(1) Defendant is liable for the type of harm risked by negligence, and (2) Defendant is liable to Class of Persons at risk by the defendant's negligence.
What is the test for proximate cause.
400
(1) the defendant has been enriched (2) by the plaintiff and (3) it would be unjust for the defendant to not pay the plaintiff for the benefit received.
What are the elements of a quasi-contract.
400
If the meaning the parties attached to a particular contract provision or word was different, but one of the parties was aware (at formation) of the meaning attached by the other party (and the other party was unaware of the meaning attached by the first party), the meaning attached by the other party applies.
What is knowledge of misunderstanding.
400
(1) Express terms; (2) course-of-performance evidence; (3) course-of-dealing evidence; and (4) usage-of-trade evidence.
What is hierarchy of evidence.
400
If the defendant causes harm to the plaintiff, even if the extent of the injuries are not foreseeable, then the defendant takes the plaintiff as he finds her.
What is the thin skull rule.
400
(1) Physical traits of the defendant; (2) average mental ability; and same knowledge as average member of community.
What are the characteristics of a reasonable person.
500
(1) a promise; (2) the promisor should reasonably have expected the promisee to detrimentally rely on the promise; (3) the promisee in fact detrimentally relied on the promise; (4) a repudiation or breach of the promise, and (5) injustice can be avoided only by enforcing the promise.
What are the elements of promissory estoppel.
500
When an offeree begins performing in response to an offer of a unilateral contract, an option is formed. Although the offeree has no duty to complete performance, the offeror’s duty to perform is subject to the offeree completing performance unless complete performance is excused.
What is equitable option.
500
The death or destruction of a person or thing essential for performance after the offer is made and before acceptance is the non-occurrence of a condition of acceptance.
What is supervening impossibility.
500
Burden is less than the probability and loss.
What is the hand risk-utility model.
500
The fact of an accident raises an inference of negligence to establish a prima facie case
What is res ipsa loquitur.