Contracts
What three elements are generally required to form an enforceable contract under common law?
Offer, acceptance, and consideration.
What are the four elements of negligence?
Duty, breach, causation, and damages.
What is the most complete form of land ownership recognized under property law?
Fee simple absolute
A singer promises to pay a guitarist $500 for performing at a concert. The guitarist agrees and performs. What is the strongest legal conclusion?
A. No contract because the agreement was oral
B. A contract formed through mutual assent and consideration
C. No contract because music is not a good under the UCC
D. The agreement is merely a gift
B. A contract formed through mutual assent and consideration
What is the legal term for something of value exchanged between parties as part of a bargain?
Consideration.
What intentional tort occurs when a person causes harmful or offensive contact without consent?
Battery
What nonpossessory property interest gives someone a right to use another person's land for a limited purpose?
Easement
A basketball fan is struck by a player who intentionally punches the fan during an argument. What is the strongest tort claim?
A. Battery
B. Defamation
C. Trespass to land
D. Negligent misrepresentation
A. Battery
Under the common-law mirror image rule, what happens when an acceptance changes a material term of the offer?
It is a counteroffer.
What is the legal term for failing to act with reasonable care under the circumstances?
Breach of duty.
What doctrine can allow a trespasser to acquire title after meeting statutory possession requirements?
Adverse possession.
A film studio has a written lease for a warehouse. The landlord sells the building, and the buyer knows of the lease. Which is generally correct?
A. The sale automatically terminates the lease
B. The tenant immediately becomes the owner
C. The buyer generally takes subject to the existing valid lease
D. The tenant must renegotiate solely because of the sale
C. The buyer generally takes subject to the existing valid lease
What are the elements of promissory estoppel?
A clear and definite promise.
The promisor reasonably expects the promise to induce reliance.
The promisee actually and reasonably relies on the promise.
The reliance causes a detriment.
Enforcement is necessary to avoid injustice.
What doctrine can reduce a plaintiff's recovery based on their own percentage of fault?
Comparative negligence.
What is the future interest retained by a grantor who conveys a fee simple determinable?
Possibility of reverter.
A celebrity signs an exclusive appearance agreement. The celebrity then refuses to appear, and the organizer seeks an order forcing the celebrity to perform. Which remedy is generally unavailable?
A. Compensatory damages
B. Restitution, if appropriate
C. Specific performance of personal services
D. Reliance damages
C. Specific performance of personal services
What type of damages gives the nonbreaching party the benefit of the bargain?
Expectation damages.
What doctrine may hold an employer liable for an employee's tort committed within the scope of employment?
Respondeat superior.
What doctrine generally gives a purchaser priority over earlier unrecorded interests if the purchaser takes without notice and pays value, under a notice recording statute?
Bona fide purchaser protection.
A stadium owner knows that a stairway railing is dangerously loose but does not repair or warn about it. A ticketed spectator uses the stairs normally, the railing collapses, and the spectator is injured. Which is the strongest answer?
A. The owner owes no duty because spectators assume every stadium risk
B. The owner may be liable for negligence based on a dangerous premises condition
C. Only the railing manufacturer can be liable
D. The spectator automatically loses because the incident occurred at a sports event
B. The owner may be liable for negligence based on a dangerous premises condition