PROPERTY
What are the elements of trespass?
Intention (voluntary physical act)
Unprivileged intrusion
onto the property of another
What is a unilateral contract?
Promise for a performance
What are the two types of intent?
Purposeful and substantial certainty
Indivisible Harm:
When multiple actors caused the victims harm, and it is impossible to tell which actor’s caused harm.
Possession, interest, time, title
The right of survivorship is terminated if any of the interests are severed.
What are the elements of adverse possession?
1. Continous
2. Hostile
3. Actual
4. Open and notorious
5. Goes on the statutory period of time
6. Exclusive
What are some types of considerations?
Act, performance, return promise, and forbearance (refrain from doing.)
Elements of battery?
Intent
To cause contact
That is harmful or offensive
Harmful or offensive contact results
Negligence
Overt conduct that creates unreasonable risks that a reasonable person would avoid. Negligence may consist of action or inaction.
What would not constitute consideration?
Gifts, illusory promises (promises that are unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform), pre-existing duty rule.
What is a novation, and what does it apply to?
Peerless Rule and Second Restatement:
The Peerless Rule states that if parties attach materially different meanings to their manifestations and neither knows the other's meaning, there is no mutual assent. If one party understands the meaning attached by the other, the contract is operative according to that understanding.
Markers of outrage:
Repeated conduct
Abuse of power
Vulnerability of π known to ∆.
Physical & economic threats & violence
Superseding Cause
An unforeseeable event that occurs between the defendant's actions and the plaintiff's injury, relieving the defendant of liability.
TUNKL FACTORS:
The business is of a type generally thought suitable for public regulation
∆’s service is of “great importance to the public” & perhaps a practical necessity
∆ is holding himself out as performing the service generally for the public
The need for service & the economic setting give the ∆ decisive advantage of bargaining strength.
What are the three exceptions of nuisance?
Hypersentisitve use
Conduct that is ultra-hazardous (storing hazardous waste)
Strict liability is imposed
§36 Methods of Termination of the Power of Acceptance:
Rejection/ counter-offer
Lapse of time
Revocation by the offerer
Death/ incapacity
Non-occurrence
Factors of substantial dominion
extent and duration of control by ∆
∆’s intent to assert a right to the property that is inconsistent with the π’s ownership
∆’s good faith
amount of actual interference with π’s right to use the chattel
harm done
Expense or inconvenience caused to π
Elements for negligence per se:
Statute or regulation must clearly define required standard of conduct.
Statute or regulation just have been intended to prevent types of harm ∆’s act or omission caused
Π must be a member of the class of persons the statute or reg designed to protect
Violation must have been the cause of injury = adds causation.
Modified comparative negligence
The plaintiff can recover until plaintiff is 50% (or more) at fault. No bar to plaintiff claim unless they are 50% or more at fault. Exact percentage is usually stated in the states statute.
Greenacre to Thomas, so long as he does not drop out of law school, if so then, to Elliot
Fee simple subject to an executory interest (shifting)
§40 Time when rejection or counteroffer terminates to the power of acceptance
A rejection or counteroffer sent by mail or telegram does not immediately terminate the power of acceptance. However, it limits the power of acceptance, meaning the offeror can only accept the original offer if they receive the acceptance before the rejection or counteroffer is received. Otherwise, the rejection or counteroffer is treated as a new counteroffer.
Defenses & Privileges to Intentional Torts
Property (reasonable force to prevent or stop trespass)
Others (force reasonably necessary to prevent harm to third party)
Parental (parent, guardian, or teacher may use reasonable force to discipline)
Consent (actual, apparent, implied)
Arrest (reasonable belief π committed a felony or misdemeanor)
Necessity (public/private)
Self-defense
SLIP & FALL RULE
Show that some negligent at of ∆ caused his injury;
OR
Show that ∆ had actual knowlegde of a dangerous condition and failed to warn π;
OR
Show that the dangerous condition existed for a sufficient amount of time to impute constructive knowledge to the ∆, in that ∆ should have known of dangerous condition.
Give an example of Fee simple subject to a condition subsequent.
Greenacre to Thomas, provided that he does not drop out of law school.