7/16 Flashcards
is expert testimony required to determine whether a specialist breached a duty? why/why not?
no; it’s a question of fact to be determined by the jury, and in some instances no special knowledge is necessary to determine that performance is inadequate
where one party (whether tenant or landlord) to a lease assigns all interest therein to a third person (buyer of property, assignee), when does liability shift (e.g., tenant to new landlord for rent)
when notice of the assignment is given
public disclosure of private facts (elements + standard)
v - disclosure of matter not of legitimate public concern
i - intentional act
c - causes
r - offense/embarrassment (standard: reasonable person of ordinary sensibilities)
How to approach answers to questions about whether someone will be held liable for negligence where there are “no answers”
if an answer knocks out an earlier element needed to prove negligence (e.g., duty, breach), it’s the answer
who has the burden of proving elements in a case asserting the government violated the 5A takings clause
government
what must the government demonstrate to satisfy the 5A public use clause for takings (I.e., scrutiny standard, not elements of taking)
rationally related to conceivable public purpose
how is unreasonableness in private nuisance claims assessed?
weigh gravity of harm against social utility of activity
do 6A confrontation clause rights extend to co-defendants in a criminal trial, I.e., does a d have a right to confront a co-defendant
yes
non-breaching party may not recover for any losses it could have avoided without experiencing unreasonable…
risk, burden, or humiliation
What kind of efforts to mitigate does the duty to mitigate require
Reasonable efforts
what must the seller know or have reason to know, and when must they know it, for the aggrieved buyer to recover consequential damages
- consequential damages would result from the breach
- at the time of contracting
