Bar exam - MBE study Flashcards
I.Contract formation. OAC.
Offer, acceptance, consideration
I.Offer.
Intent to be bound
I.Consideration
Bargained for exchange
I. Promisorry Estoppel
Promise, reliance, enforcement necessary to avoid injustice
I.Statute of frauds applies to what kinds of contracts. MOLESS
Marriage, one-year, land, executor, surety, sales of goods
I.Merger clause means what regarding the contract.
Complete integration
I.bargained for exchange. the promise must ______ the detriment.
Induce
I. Unilateral contract
Promise in return for performance
I. fee simple absolute. contract language.
A to B and his heirs
I. Life estate. contract language.
A to B for life
I. fee simple defeasible
A to B and his heirs so long as
I. FOB. Seller has ______ .
risk of loss
I. Rule against perpetuities
no interest in property is valid, unless it must vest, if at all, not later than 21 years after one or more lives in being at the creation of the interest.
I.fee simple subject to subsequent condition
A to B and his heirs, but if _____, then A has right of reentry
If one joint tenant conveys interest to third party, then ____ .
tenancy in common
I. Battery
intentional harmful or offensive contact
I. Negligence. DBCD
Duty, breach, causation, damages
I. False imprisonment.
D confines P to bounded area, causation, intent
I. Strict liability. ACD
Abnormally dangerous activity, actual and proximate cause, damages
I. Trespass to chattel. Damages for chattel
chattel’s fair market value
I. Private necessity. Damages.
D liable for any property damage.
I.Conversion. Who possesses the chattel after the action?
Defendant
I. Intentional infliction of emotional distress.
Extreme or outrageous conduct, intent or recklessness, causation, severe emotional distress
I. Defense of property.
reasonable force
I. slander
Defamation by spoken words
I. fee simple subject to subsequent condition. grantor exercises his power of termination.
bringing suit or making reentry
I. Defense of property. Limits
Deadly force or force likely to cause substantial harm is not permitted
Under the 5th amendment, a taking requires ______ to the victim.
just compensation
I. takings. If a government regulation denies a landowner of ______________, the regulation may constitute a taking.
all economic use
I. negligence per se
conclusive presumption of duty and breach of duty
I. respondeat superior. employer not liable for employee’s actions ___________ .
outside scope of employment
I. Negligence. Professional duty. SSK
Superior judgment, skill and knowledge as he actually possesses.
I. Modification. Employer at will contract. What is sufficient consideration?
Continued employment for a substantial period of time.
I. Libel
Defamation by the written word
I. Interstate Travel. A person has a ________ to interstate travel, and a state law meant to deter person from moving into the state violates _______ .
fundamental right, equal protection clause
I. Interstate travel. When a state uses a _______ for dispensing benefits, this law will be _______ .
waiting period, invalidated
I. Products liability. To recover in an action for indemnity, the owner must show that ______ that caused an the injury to the victim.
manufacturer breached a duty
I. negligent infliction of emotion distress. ________ damages are required to make a claim.
physical
I. Mortgages. As a general rule, the priority of mortgage is determined by ________ .
The time it was placed on the property
I. strict liability. prima facie case. ACD.
Abnormally dangerous activity, actual and proximate cause and damages
I. prescriptive easement
Use must be open and notorious, adverse, and continuous and uninterrupted for the statutory period.
I. Abnormally dangerous activity. Foreseeable risk of dangerous harm even when _______________ , not a matter of ___________ in the community
reasonable care is exercised, common usage
I. proximate cause. D is liable for ____________ that are __________ of and within the increased risk caused by his acts.
all harmful results, the normal incidents
I. Negligence/proximate cause. Even a third party’s criminal act will not cut off the defendant’s liability if, __________ .
D’s negligence created a foreseeable risk that a third party would commit a crime.
I. robbery.
taking of another’s personal property with force or intimidation with the intent to deprive permanently.
I. Products liability. These cases may proceed on either two theories of liability.
negligence or strict liability
I. larceny
Taking and carrying away of another’s tangible personal property by trespass with the intent to deprive permanent or for an unreasonable time
I. Statute of Frauds. Any conveyance of an easement interest of greater than one year ________ .
must be in writing to be enforceable
I. Habit evidence. Evidence of a habit is relevant to prove that the conduct of the person ______ .
on a particular occasion was in conformity with the habit.
I. taking/decreasing value. Regulations that decrease the property’s value are not takings as long as there remains ___________ .
An economically viable use for the property
