TLS FS Difficult 1L 2021

Black Letter Law

100

Conduct in the part of P which is a cause to his/her own injury

Contributory Negligence

200

Violation of a statue meant to protect that individual

Negligence per se

300

CL - add’l consideration required for modifications

UCC – no consideration needed so long as good faith

Modification

400

Consent induced by fraud or misrepresentation, transfer of title.

False Pretense

500

inducement via: fraudulent misrep OR nonfraudulent material misrep AND justifiable reliance on misrep THEN K is voidable by innocent party

Misrepresentation

Buzzwords

100

a killing that would be murder but for existence of adequate provocation

Voluntary Manslaughter

200

Duty to exercise reasonable care

Standard of Care

300

Acceptance must mirror the offer, otherwise it’s a counter offer

Mirror Image Rule

400

add’l terms become part of K unless:

1. They materially alter og K (i.e. subst. change to economic risk/benefit or change in remedy);
2. Offer limits acceptance to Offer’sterms;
3. Offeror objects w/in reasonable time;

Battle of the forms

500

BARRMKS***

Battery, Assault, Rape, Robbery, Mayhem, Kidnapping, 

How to get away with murder

100

Not a defense to murder

Duress

200

Reckless disregard of obvious or high risk that a particular harmful result will occur

Malice

300

Elements of conspiracy 

Agreement

With another party

For an unlawful objective

Overt Act

400

Strict Liability Crimes

Rape, Selling Liquor to minors, Bigamy

500

Elements to Insanity

M'naughten

Irresistable Impulse

Durham Rule

Model Penal Code

Pop Torts

100

Undiscovered - no duty

Discovered - Must warn of known latent artificial condition likely to cause death or serious bodily harm

Must post warning signs of dangerous conditions

Trespasser

200

Accident does not normally occur in the absence of negligence

Res Ipsa Loquitor

300

P is working at a bank. D, the bank security guard, believes P has stolen some money. When P goes into the bank's storeroom, D locks the door from the outside. D holds P for several hours before the bank manager returns from his golf lesson. During this time P repeatedly asks to be released.

False Imprisonment

400

Home owner wakes after hearing a noise. She yells out, "Is someone there?" The burglar hears her, grabs her TV, and runs from the house. The homeowner gets her gun and investigates the noise. She sees the burglar running away with the TV. He is two houses away down the street, but she takes a shot anyway and hits him. What can the burglar sue for and what are the defenses?

Battery

Assault w/ deadly weapon

Defense of Self 

Defense of Property

500

We need all of these for a Prima Facie Case in Negligence

Duty of a standard of care, Breach of Duty, Actual & Proximate Cause 

Estop, Drop, and Roll

100

When parties to a contract have reduced their agreement to writing and the writing is intended as a final integration of their terms, any prior or contemporaneous statements are inadmissible to alter the terms of the writing

Parole Evidence Rule

200

Occurs when one of the parties to a K does not perform and that performance was not excused.

Breach

300

Should reasonably expect her promise to induce action or forbearance

Promissory Estoppel

400

manner authorized by offer or any reasonable commercially reasonable manner

Mode of Acceptance

500

These Ks must be in writing to be enforced (Acronym: MY LEGS)

Marriage

Year rule

Land

Executor

Guarantee 

Sale of Goods more than $500