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BLAW > BLAW 2nd exam > Flashcards

BLAW 2nd exam Flashcards

1
Q

negligence

A

do something unreasonable person would do - Omission

fail to do something reasonable person would do - commission

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2
Q

elements of negligence

A

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

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3
Q

negligence does not require the element of…

A

intent

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4
Q

duty of care

A

obligation we owe to eachother not to cause unreasonable harm

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5
Q

landowners duty to care

A

reasonable care

protect people coming onto property

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6
Q

business owners duty to care

A

protect from foreseeable risks

remove or aware of hidden dangers

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7
Q

breach of duty of care

A

dont exercise care or act responsible

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8
Q

breach of duty consists of

A

an action

failure to act

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9
Q

do individuals have duty to rescue others?

A

no

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10
Q

punitive damages

A

punish the defendant financially

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11
Q

two categories of damages

A

compensatory damages

punitive damages

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12
Q

compensatory damages

A

compensate or reimburse

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13
Q

proof of negligence

A

causation

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14
Q

two types of causation that both need proven

A

factual

proximate (legal cause)

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15
Q

what is foreseeability

A

consequences that would typically occur

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16
Q

four defenses to negligence

A

assumption of risk
superseding intervening cause
contributory negligence
comparative negligence

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17
Q

Assumption of risk

A

plaintiff knew the risk and did the activity anyway

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18
Q

superseding intervening cause

A

chain reaction scenario

bike, ankle, air plane

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19
Q

is the defendant liable to plaintiff if intervening act was foreseeable

A

yes

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20
Q

contributory negligence

A

you contribute to your injury therefore its somewhat your fault

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21
Q

pure comparative negligence

A

injury damages are divided by both parties

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22
Q

partial comparative negligence

A

plaintiff recieves no damages if they are more than 50% liable
roller coaster and guy with no legs

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23
Q

contract law provides 3 things

A

stability
predictability
certainty

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24
Q

what is contract law?

A

legally binding promise and must keep promise

enforceable

25
Q

what is a contract?

A

legally binding promise between 2 competent parties

bargain, agree, perform

26
Q

offeree

A

recieves and accepts offer

27
Q

offeror

A

extends offer

28
Q

4 elements of an enforceable contract

A

agreement
consideration
contract capacity (understand the contract)
lawful objective (contract obeys the law)

29
Q

two types of contracts

A

bilateral

unilateral

30
Q

bilateral contract

A

promise for a promise

31
Q

unilateral contract

A

promise for an act

missing lap top

32
Q

quasi contracts

A

unjust enrichment

33
Q

3 requirements of an offer

A

intent to bond the offer
terms must be definite
must be communicated to offeree

34
Q

objective theory of contracts

A

offer is judged by reasonable person standard

35
Q

preliminary negotiations

A

discussing whats fair, not an offer

36
Q

expressions of opinion

A

not contractual law

doctors opinions

37
Q

offers made in jest, anger,

A

basically joking

38
Q

auctions

A

if there is a reserve, they do not have to sell to the highest bidder if the reserve is not met

39
Q

an effective offer must be…

A

communicated to the offeree

by the offeror of representative of the offeror

40
Q

contract acceptance

A

offeree shows agreement on the terms of the offer

41
Q

mirror image rule

A

acceptance must be clear and definite

42
Q

consideration

A

value is given in exchange for a promise

43
Q

forbearance

A

refraining from doing something that you can legally do

44
Q

bargained for exchange

A

difference between enforceable contracts and gifts

45
Q

gift promises

A

new car for straight A’s

enforceable and unilateral contract

46
Q

preexisting duty

A

promises to perform something they already are obligated to do

47
Q

promissory estoppel

A

document that allows enforcement of a contract that lacks consideration
example of the girl that built house on parents land

48
Q

full competence

A

both parties fully understand the contract

49
Q

limited competence

A

minor or a drunk

50
Q

contractually what age are you not a minor

A

18+ a few months

51
Q

minors

A

can enter any contracts within the law
minors can get out of contracts
can dis affirm contracts without penalties

52
Q

majority rule

A

minor can return items in any condition

53
Q

minority rule

A

if condition it is returned is different then when received

they must restore the entire value

54
Q

misrepresentation of age

A

if minor lies about being 18 they are treated like 18

55
Q

emancipation

A

minor leaves home on their own and has no more parental support, then treated like an adult

56
Q

intoxication

A

contract only voidable if they were so drunk they couldnt understand what was going on

57
Q

fraudulent misrepresentation (must meet all 4)

A

wrongdoer: Lied, intended to deceive
innocent party knew
innocent party must show damages

58
Q

5 types of contracts that need written and signed document

A 
involving:
interest in land
one year rule
secondary contracts
prenups
sale of goods over $5,000

BLAW (3 decks)

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