Contracts
Name all the three remedies and define them
"expectation interest," which is his interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performed,
"reliance interest," which is his interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, or
"restitution interest," which is his interest in having restored to him any benefit that he has conferred on the other party.
Name the types of delivery for a gift and define
Actual:Physical transfer of the gift.
Constructive: Donee is given access to the gift. (Keys to open a lockbox with the gift inside.)
Symbolic: Transfer of an item that represents or symbolizes the gift. (A photo.)
What are the elements to conversion of chattel?
1. intention exercise of dominion or control
2. over the chattel of another
3. substantial dominion & control is exercised
Low IQ, Intoxication, Novice, Mental Disability, Forgetfulness
What type of harm can be proven by itself ("prima facie")
Physical Harm
What is an invalid offer?
Two types of government takings
Direct condemnation & Indirect condemnation
In Self-Defense you need to satisfy these four categories to have a viable claim of self-defense.
-reasonable apparent threat
-reasonable necessity to use
-reasonable force
-no retaliation or revenge
Distinguish between an invitee, licensee, and trespasser.
Trespasser:
No legal right to be on land; enters land without consent.
Invitee:
Any person on premises:
In part for pecuniary benefit of landowner
OR
On premises held open to general public
Rule: its whether the business premises had current business relations between the person who is coming onto the land & the person who owns it; pecuniary benefit.
Licensee:
On land with permission but with limited license to be there.
EX: guests, hunters, fishers, neighbors, friends/social guests are licensee
What are the four parts of a public accommodation claim?
1. Is the business covered by the law?
2. Did the business "discriminate"?
3. Is the plaintiff a member of a protected class?
4. Do any exceptions apply?
Is not a contract at all and is construed by the courts to avoid unjust enrichment by permitting the plaintiff to bring an action of restitution to recover the amount of the benefit conferred by the defendant. (no consideration b/c its not a contract at all)
A benefit conferred upon the defendant by the plaintiff,
Appreciation by the defendant of such benefit, and
Acceptance and retention by a defendant of such benefit under such circumstances that it would be inequitable to retain the benefit without payment of the value thereof.
Name the three types of waste and define them
Permissive Waste: Allowing premises to deteriorate through: neglect, failure to preserve OR failure to reasonably protect (Occurs when the life tenant allows the property to fall into a state of disrepair.)
Voluntary Waste: voluntary, overt conduct that decreases prop. value. affirmative action causing waste.Involves the commission of an act on the part of the life tenant.
Ameliorative Waste: voluntary, overt conduct that has no effect on or increases property value.
Shopkeeper's Privilege/Merchant's Privilege
The π must first establish elements of false imprisonment
∆ must then establish an affirmative defense
Had probable cause to detain
Did not exceed the scope of the privilege
Did the merchant act reasonably for a reasonable length of time
incapacity, lack of knowledge, compliance was impossible, emergency, would cause greater harm
What are all the special relationships imposing Affirmative Duty to Aid
Landlord/tenant
Common carrier/passengers
Business/customers
School/students
Employer/employee
Custodian/prisoners
Innkeeper/guests
What are the elements of promissory estoppel?
The promisor must make a reasonably foreseeable promise to induce the Promisee's action or forbearance.
Induced reliance (Promisee relied on the promise)
Injustice (Promisee must have suffered substantial detriment as a result of relying on the promise)
Promise (must have been a promise to begin with)
What is spot zoning?
This refers to designating a small parcel for a different use than the surrounding area, which benefits the owner but potentially disadvantages others and suggests unfair treatment.
What are the factors for confinement?
-does in fact confine
-duress
-mere threats
-physical barriers or force
-false assertion of legal authority
Rule Statement:
Dangerous condition on the land
Children are likely to trespass on the land
Because of their youth and inexperience, such children will face an unreasonable risk of serious injury
§2-205 Merchant Firm Offers (MFO)
an offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a for, supplied by the offeree must be separately signed by the offeror.
Has to be by a merchant (prevail of goods)
Merchant needs to WRITE down the offer to hold it & be SIGNED
Cannot be longer than 3 months
An offeree's silence or inaction operates as acceptance only in specific cases, what are the specific cases.
when they take the benefit of offered services with the expectation of compensation, when the offeror indicates that silence can signify assent, or when it is reasonable based on prior dealings that the offeree should notify the offeror if they do not intend to accept. In these situations, the offeree's failure to respond is considered an acceptance of the offer.
What is the Rule Against Perpetuities
The Rule Against Perpetuities limits the duration of future interests, ensuring they must vest or fail within 21 years after a life in being at the creation of the interest, preventing the creation of remote or speculative future interests in property.
What types of intent are required for trespass to land?
-cause entry by another or object
-remain after privilege is revoked
-exceed permitted use
-enter or commit equivalent entry
-refuse to remove goods or materials
NEGLIGENT SUPERVISION OR NEGLIGENT HIRING: A Plaintiff Must Prove That The Employer:
Owed a duty of care
Breached that duty by failing to supervise the Employee or in hiring the employee or in retaining the employee; and that the breach of duty.
Was a factual cause; and
A proximate cause
Of the harm to the π
Bona fide purchaser who buys from convertre is liable as a converter. BFP that buys from one who has a voidable title is not a converter. Owner entrusts goods to merchant that deals in goods of that kind (repair) a BFP buys goods in an unauthorized sale from merchant gets good title. One who does not pay value is not a BFP and is liable for conversion.