BLAW 2nd exam Flashcards
negligence
do something unreasonable person would do - Omission
fail to do something reasonable person would do - commission
elements of negligence
must prove all 4
1) defendant owes duty of care
2) defendant breached duty of care
3) plaintiff suffered injury
4) defendants negligent act cause injury
negligence does not require the element of…
intent
duty of care
obligation we owe to eachother not to cause unreasonable harm
landowners duty to care
reasonable care
protect people coming onto property
business owners duty to care
protect from foreseeable risks
remove or aware of hidden dangers
breach of duty of care
dont exercise care or act responsible
breach of duty consists of
an action
failure to act
do individuals have duty to rescue others?
no
punitive damages
punish the defendant financially
two categories of damages
compensatory damages
punitive damages
compensatory damages
compensate or reimburse
proof of negligence
causation
two types of causation that both need proven
factual
proximate (legal cause)
what is foreseeability
consequences that would typically occur
four defenses to negligence
assumption of risk
superseding intervening cause
contributory negligence
comparative negligence
Assumption of risk
plaintiff knew the risk and did the activity anyway
superseding intervening cause
chain reaction scenario
bike, ankle, air plane
is the defendant liable to plaintiff if intervening act was foreseeable
yes
contributory negligence
you contribute to your injury therefore its somewhat your fault
pure comparative negligence
injury damages are divided by both parties
partial comparative negligence
plaintiff recieves no damages if they are more than 50% liable
roller coaster and guy with no legs
contract law provides 3 things
stability
predictability
certainty
what is contract law?
legally binding promise and must keep promise
enforceable
what is a contract?
legally binding promise between 2 competent parties
bargain, agree, perform
offeree
recieves and accepts offer
offeror
extends offer
4 elements of an enforceable contract
agreement
consideration
contract capacity (understand the contract)
lawful objective (contract obeys the law)
two types of contracts
bilateral
unilateral
bilateral contract
promise for a promise
unilateral contract
promise for an act
missing lap top
quasi contracts
unjust enrichment
3 requirements of an offer
intent to bond the offer
terms must be definite
must be communicated to offeree
objective theory of contracts
offer is judged by reasonable person standard
preliminary negotiations
discussing whats fair, not an offer
expressions of opinion
not contractual law
doctors opinions
offers made in jest, anger,
basically joking
auctions
if there is a reserve, they do not have to sell to the highest bidder if the reserve is not met
an effective offer must be…
communicated to the offeree
by the offeror of representative of the offeror
contract acceptance
offeree shows agreement on the terms of the offer
mirror image rule
acceptance must be clear and definite
consideration
value is given in exchange for a promise
forbearance
refraining from doing something that you can legally do
bargained for exchange
difference between enforceable contracts and gifts
gift promises
new car for straight A’s
enforceable and unilateral contract
preexisting duty
promises to perform something they already are obligated to do
promissory estoppel
document that allows enforcement of a contract that lacks consideration
example of the girl that built house on parents land
full competence
both parties fully understand the contract
limited competence
minor or a drunk
contractually what age are you not a minor
18+ a few months
minors
can enter any contracts within the law
minors can get out of contracts
can dis affirm contracts without penalties
majority rule
minor can return items in any condition
minority rule
if condition it is returned is different then when received
they must restore the entire value
misrepresentation of age
if minor lies about being 18 they are treated like 18
emancipation
minor leaves home on their own and has no more parental support, then treated like an adult
intoxication
contract only voidable if they were so drunk they couldnt understand what was going on
fraudulent misrepresentation (must meet all 4)
wrongdoer: Lied, intended to deceive
innocent party knew
innocent party must show damages
5 types of contracts that need written and signed document
involving: interest in land one year rule secondary contracts prenups sale of goods over $5,000
