7/10 Flashcards
is negligent driving a foreseeable danger for manufacturers of cars?
yes
what is the implication of negligent driving being a foreseeable danger for manufacturers of cars when their cars have manufacturing defect?
Negligent driving = foreseeable intervening cause
Manufacturing defect = proximate cause
Redline limitation to felony murder (minority view)
- minority view
- felon not guilty of felony murder where killing constitutes a justifiable homicide
- ex: police or victim shoot co-felon
when must a defendant be aware he has received stolen goods to be guilty of receipt of stolen goods
when he receives them, i.e., not guilty if he learns later
sufficient structural damage to constitute “burning” at common law, for arson
burning or charring (burn damage)
insufficient structural damage to constitute “burning” at common law, for arson
discoloration or blackening (smoke damage)
majority subadjacent support rule
there can be no liability imposed on an adjacent landowner unless he actually removes a substance from the soil underneath the plaintiff owner’s property
insufficient under majority subadjacent support rule for liability to attach
subadjacent water removal; neighboring landowner will not be liable for this
remedy for breach of general/specific warranty deed covenants
suit for damages
when does liability arise under attractive nuisance doctrine
- landowner has knowledge or is put on notice
- facts should make it CLEAR he has notice (I.e., rust behind paint on merry go round won’t cut it)
doctrine of substantial performance applies to sale of goods?
no, perfect tender rule
example of a “contract that cannot be performed in one year” (sof)
two parties orally agree that a man will sell his bicycle to his neighbor for $350 in a year and a half when the man expects to be out of the city
when is an offer to settle a claim admissible in court (& when not)
- bias or prejudice
- negating contention of undue delay
- proving an effort exists to obstruct criminal investigation or prosecution
NOT: pins
is an offer to settle a claim admissible as prior inconsistent statement for impeachment
NO
Approach to hearsay questions
- non-hearsay purpose? (e.g., opposing party statement)
- if no, hearsay exceptions
what is federal common law used exclusively for and implications
- interpretation of federal statutes
- congressional intent
if congressional action/constitution does not create a cause of action, there is none
12(b)6 dismissal flow chart (with or without prejudice)
Must an excited utterance be made during or immediately after an event occurs?
no, does not require immediacy, just still under stress of startling event or condition
Does an excited utterance require personal knowledge of the subject matter of the statement?
yes
collateral agreement + example of one that is not, contracts
an agreement entirely distinct from the original agreement at issue
ex of NON-collateral (subsequent agreement): agreement to extend payment deadline on existing contract
under the ucc, what is the right to cure if there is no deadline for delivery?
reasonable time to cure, with notice (i.e., it doesn’t fall under a “deadline” rule)
unilateral k liability/revocability flowchart
default rule for duration of employment
at-will, absent an agreement to the contrary
are oral or written assurances of job security made to an individual employee sufficient to take employment contract out of default “at-will” rule?
yes, in a majority of jurisdictions
Name of correct contract remedy for impossibility and innocent misrepresentation? I.e., what happens to the contract itself
rescission
assignments that must be in writing
- wages
- interests in real property
- choses in action (e.g., insurance policy rights, debt, rights under a contract)
Minor breach:
- discharged of obligation?
- extent of damages?
- not discharged of obligation
- entitled to recover any damages suffered as a result
is there contractual privity in contract delegation and assignment?
only with novation
