Torts
True or false? You can transfer intent within intentional torts
True! For example, a defendant who intends to make a harmful contact with Party A but instead makes contact with Party B will be liable for battery of Party B due to the transferred intent
Only transferable within Battery, Assault, and False Imprisonment
Are advertisements offers?
Generally no, unless the advertisement is very specific and there's no room for negotiation
What are the elements of Adverse Possession (bonus if you use HELUVA!)
Describe the Mailbox Rule
An acceptance sent by mail is effective when the letter is sent
What is a wild animal?
an animal that (1) is not generally domesticated; and (2) if not restricted, is likely to cause injury
What are the elements of false imprisonment?
Intent
Confinement in a bounded area
Physical barriers, threats of force, failing to release P after duty to release arises, or the invalid assertion of legal authority
No duration requirement
If P knows (actual knowledge) of reasonable means of escape, then no confinement and no liability
Against P’s will (consent is a defense)
and
P is aware of confinement or injured thereby
True or false? There are punitive damages in breach of contracts
False! Restatement Second §355 - Punitive damages are not recoverable for a breach of contract
What are easements? What is the difference between an affirmative/positive easement and a negative easement?
Easements are the privilege to use the land of another.
An affrimative easement entitles its holder to do a physical act on another's land
A negative easement enables its holder to prevent the owner of the land from making certain uses of that land.
The dominant tenement benefits from the easement while the servient tenement is burdened by the easement.
Describe the Mims Test
Crystal Clear “Stop!”
Doctor Can Safely Stop Right Then
Name the 5 ways to create easements (bonus if you define 2 of them)
Express Easements (actually clear, will or deed, must be written SOF)
Easements by estoppel
Implied easements
Easement by necessity
Easement by prescription
Define self-defense
A person honestly and reasonably believes that they used reasonable force to prevent someone from engaging in an imminent and unprivileged attack
D only needs to be reasonable and respond with proportionate force
Name the 5 Leacock elements of an offer
Specific subject matter
A promise by the asserter/initiator
An Exchange (or demand)
Parties identified
Intention to make an offer (which will lead to the creation a contract)
Describe the Implied Warranty of Habitability (bonus: name the case that establishes this)
A legal guarantee that a landlord will keep a residential rental property in a safe and livable condition.
Hilder v. St. Peter - all residential rentals include an implied warranty of habitability, which cannot be waived or disclaimed
What are the Four Unities (property)
Possession, interests, time, title (or PITT)
What is a condition in contract law?
an event which must occur before performance under a contract is due (unless non-occurance is excused). Both parties are part of/agree to these conditions
What is negligence per se?
a person is negligent if (1) the person violates a statute, (2) without excuse (3) and the statute is designed to protect against the type of accident the person’s conduct causes, and (4) the victim is within the class of persons the statute is designed to protect
Describe the Statute of Frauds and give an example
Types of contracts that can only be enforced if there is a writing.
Examples: marriage provision, one year provision, land contract provision, executor, suretyship, and goods over $500
Define a tenancy in common? Bonus if you know the rule
Definition: A tenancy in common is a concurrent estate in which the cotenants own a separate and distinct share of the property.
Rule: each co-tenant owns an individual part of the whole, but each has a right to possess and enjoy the whole.
Name the types of consent (5)
Actual consent, apparent consent, substitute consent, implied-in-law consent, or emergency doctrine
What is a reversion?
a future interest if the grantor that automatically vests at the end of a Life Estate
Describe Scienter action (aka known dangerous domestic animals)
If the owner had reason to know that a non-wild animal poses a higher level of danger than typical for that kind of animal (vicious or dangerous propensity, such as a dangerous dog), the standard for imposing liability is strict liability (referred to as scienter action because it's based on the owner's knowledge of that danger)
[1] value
[2] anticipated to be paid
[3] capability of identifying a monetary value (under the above)
[4] objective test (reasonable person)
[5] avoidance of injustice
What is the Rule Against Prepetuities?
No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest
Define the Eggshell Skull Doctrine
defendant who is found negligent is liable for all of the victim's damages, even if the victim had a pre-existing condition that made them more susceptible to injury
True or false: Medical malpractice is almost always considered foreseeable in a negligence case. It will rarely, if ever, limit the liability of the defendant
True! Medical malpractice is a foreseeable event (unless the doctor was severely intoxicated on the job (i believe))