7/10

Question 1

is negligent driving a foreseeable danger for manufacturers of cars?

Answer 1

yes

Question 2

what is the implication of negligent driving being a foreseeable danger for manufacturers of cars when their cars have manufacturing defect?

Answer 2

Negligent driving = foreseeable intervening cause
Manufacturing defect = proximate cause

Question 3

Redline limitation to felony murder (minority view)

Answer 3

• minority view
• felon not guilty of felony murder where killing constitutes a justifiable homicide
• ex: police or victim shoot co-felon

Question 4

when must a defendant be aware he has received stolen goods to be guilty of receipt of stolen goods

Answer 4

when he receives them, i.e., not guilty if he learns later

Question 5

sufficient structural damage to constitute “burning” at common law, for arson

Answer 5

burning or charring (burn damage)

Question 6

insufficient structural damage to constitute “burning” at common law, for arson

Answer 6

discoloration or blackening (smoke damage)

Question 7

majority subadjacent support rule

Answer 7

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

Question 8

insufficient under majority subadjacent support rule for liability to attach

Answer 8

subadjacent water removal; neighboring landowner will not be liable for this

Question 9

remedy for breach of general/specific warranty deed covenants

Answer 9

suit for damages

Question 10

when does liability arise under attractive nuisance doctrine

Answer 10

• 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)

Question 11

doctrine of substantial performance applies to sale of goods?

Answer 11

no, perfect tender rule

Question 12

example of a “contract that cannot be performed in one year” (sof)

Answer 12

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

Question 13

when is an offer to settle a claim admissible in court (& when not)

Answer 13

1. bias or prejudice
2. negating contention of undue delay
3. proving an effort exists to obstruct criminal investigation or prosecution

NOT: pins

Question 14

is an offer to settle a claim admissible as prior inconsistent statement for impeachment

Answer 14

NO

Question 15

Approach to hearsay questions

Answer 15

1. non-hearsay purpose? (e.g., opposing party statement)
2. if no, hearsay exceptions

Question 16

what is federal common law used exclusively for and implications

Answer 16

1. interpretation of federal statutes
2. congressional intent

if congressional action/constitution does not create a cause of action, there is none

Question 17

12(b)6 dismissal flow chart (with or without prejudice)

Answer 17

Question 18

Must an excited utterance be made during or immediately after an event occurs?

Answer 18

no, does not require immediacy, just still under stress of startling event or condition

Question 19

Does an excited utterance require personal knowledge of the subject matter of the statement?

Answer 19

yes

Question 20

collateral agreement + example of one that is not, contracts

Answer 20

an agreement entirely distinct from the original agreement at issue

ex of NON-collateral (subsequent agreement): agreement to extend payment deadline on existing contract

Question 21

under the ucc, what is the right to cure if there is no deadline for delivery?

Answer 21

reasonable time to cure, with notice (i.e., it doesn’t fall under a “deadline” rule)

Question 22

unilateral k liability/revocability flowchart

Answer 22

Question 23

default rule for duration of employment

Answer 23

at-will, absent an agreement to the contrary

Question 24

are oral or written assurances of job security made to an individual employee sufficient to take employment contract out of default “at-will” rule?

Answer 24

yes, in a majority of jurisdictions

Question 25

Name of correct contract remedy for impossibility and innocent misrepresentation? I.e., what happens to the contract itself

Answer 25

rescission

Question 26

assignments that must be in writing

Answer 26

1. wages
2. interests in real property
3. choses in action (e.g., insurance policy rights, debt, rights under a contract)

Question 27

Minor breach:
- discharged of obligation?
- extent of damages?

Answer 27

• not discharged of obligation
• entitled to recover any damages suffered as a result

Question 28

is there contractual privity in contract delegation and assignment?

Answer 28

only with novation