Agency
What are the four elements required for creating an agency relationship?
1. A principal manifests assent to an agent.
2. The agent acts on the principal's behalf.
3. The agent's actions are subject to the principal's control.
4. The agent manifests assent or otherwise consents.
Define offer.
An offer is an objective manifestation of a willingness by the offeror to enter into an agreement that creates the power of acceptance in the offeree.
A conveyance by will by a joint tenant of his property interest has what effect?
NONE. The property passes automatically to the remaining joint tenant(s) due to the right of survivorship.
Battery
1) The defendant intends to cause a contact with the plaintiff
2) His affirmative conduct causes such a contact, and
3) The contact causes bodily harm or is offensive to the plaintiff
These are the three types of mandatory disclosures.
What are Initial disclosures; Disclosures of expert testimony 90 days before trial; and Pretrial disclosures 30 days before trial.
What is a special agent?
Special agents generally have limited authority regarding a specific transaction or a string of repetitive acts.
Examples: real-estate agents, subagents, insurance agents, commission merchants, bailees
Under the common law, what terms must be covered in order for a contract to be formed?
All essential terms (i.e., the parties, subject matter, price, and quantity)
In most states, there is a rebuttable presumption that a conveyance to two or more persons creates what kind of tenancy?
Tenancy in common
Assault
1) Plaintiff’s reasonable apprehension,
2) Of an imminent harmful or offensive bodily contact,
3) Caused by the defendant’s action or threat,
4) With the intent to cause either the apprehension of such contact or the contact itself.
This is a claim that is made by a defending party against a nonparty for all or part of the defending party's liability on an original claim.
What is impleader?
Must an agent consent to the agency relationship verbally, in writing, with actions, or by a combination thereof?
An agent does not have to verbally consent, but may manifest assent by performing acts on behalf of the principal.
Under the UCC, what three requirements must be met for an offer to buy or sell goods to be an irrevocable firm offer?
(i) The offeror is a merchant;
(ii) There is an assurance that the offer is to remain open; and
(iii) The assurance is contained in a signed writing from the offeror.
What are the two types of executory interests? How is each defined?
1. Shifting executory interest: divests the interest of the grantee by cutting short a prior estate created in the same conveyance. The estate “shifts” from one grantee to another on the happening of the condition.
2. Springing executory interest: divests the interest of the grantor or fills a gap in possession in which the estate reverts to the grantor.
intentional infliction of emotional distress (IIED)?
1) The defendant's intentional or reckless,
2) Extreme and outrageous conduct,
3) That causes,
4) The plaintiff severe emotional distress.
These are the three types of Jury Verdicts.
What is:
(1) Special verdict (A written finding made by the jury on each issue of ultimate fact.)
(2) General verdict (A decision by the jury as to the prevailing party and amount of damages)
(3) General with special interrogatories (Used to ensure that the jury independently considered the material facts of the case in arriving at its verdict)
When is a duty non-delegable?
Generally, a duty is non-delegable when the responsibility is so important to the community that a person should not be permitted to transfer it to another person.
How is a unilateral offer accepted?
Acceptance of an offer for a unilateral contract requires complete performance.
Once performance has begun, the unilateral offer is irrevocable for a reasonable period of time to allow for complete performance.
What are the four types of landlord-tenant estates?
1. Tenancy for years
2. Periodic tenancy
3. Tenancy at will
4. Tenancy at sufferance
trespass to chattel?
The defendant intentionally interferes with the plaintiff’s right of possession by either:
i) Dispossessing the plaintiff of the chattel; or
ii) Using or intermeddling with the plaintiff’s chattel.
This is the due process requirement for in personam jurisdiction that Kinkopf waterboarded into us.
What is if the nonresident defendant has sufficient minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
What is the doctrine of joint and several liability?
Each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for the entire harm. The plaintiff has the choice of collecting the entire judgment from one defendant, the entire judgment from another defendant, or portions of the judgment from various defendants, as long as the plaintiff’s entire recovery does not exceed the amount of the judgment.
Define consideration.
Consideration is evidenced by a bargained-for exchange in legal position between the parties. Most courts conclude that consideration exists if there is a detriment to the promisee, irrespective of the benefit to the promisor.
Who is responsible for the interest of a mortgage on a life estate and who is responsible for the mortgage itself?
Life tenant is responsible for the interest.
Remainderman is responsible for the mortgage itself.
What are six circumstances in which a defendant has an affirmative duty to act?
1) Assumption of duty - A person who voluntarily aids or rescues.
2) Placing another in peril
3) Contract
4) Authority - One with actual ability and authority to control another, such as parent over child and employer over employee
5) Special relationship - A defendant with a unique relationship to a plaintiff, such as business proprietor–patron, common carrier–passenger, innkeeper-guest, employer-employee, or parent-child
6) Statutory obligation - A statute that imposes an obligation to act
This person is responsible for serving the summons and complaint, and it must be served within this many days.
What is the plaintiff is responsible for serving the summons and complaint upon the defendant within 90 days after filing the complaint?