CL CT for Bar Flashcards
(hook: judges are lawyers who construe law, and protect DMFs from self, can’t waive)
How should the DTPA be construed?
Lawyers Protect Dumb M-Fer who Can’t Waive
How should the DTPA be construed?
Lawyers Protect Dumb M-Fer who Can’t Waive
Liberally construe, Protect consumers against, Deceptive, Misleading, False business practices, generally Cannot be Waived
(hook: palm tree sap and sappy LSG, make for a proper party)
Who is a proper party under the DTPA?
C-SAP-LSG-No Biz 25 Mill
Who is a proper party under the DTPA?
C-SAP-LSG-No Biz 25 Mill
only Consumer is a proper plaintiff in DTPA action, consumer is any entity that Seeks or Acquires by Purchase or Lease any Services or Goods, Not a Business w/ assets of $25M or more
(hook: biz balling need NAP w/o know PI Pro)
What are the exceptions to DTPA liability?
Biz is Large NAP w/o Know Pro PI
What are the exceptions to DTPA liability?
Biz is Large NAP w/o Know Pro PI
Business consumers, Large transactions (not for homes; $100k + if consumer had atty + signed K; $500k+), Newspaper Advertisements Published W/O Knowledge, Professional services, Personal Injury (but not really)
(hook: enjoy essence, office party)
Explain the professional service exemption to DTPA.
E-JAO + UMM Fussy Drunks Insisted
Explain the professional service exemption to DTPA.
E-JAO
UMM Fussy Drunks Insisted
Essence of professional service is providing, Judgment, Advice, Opinion, or similar professional skill
Unconscionable action, Material Misrepresentation, or Failure to Disclose Information, can’t be characterized as JAO
(hook: new artists pee + produce laundry, CDs + mixtapes)
What 4 claims are available under the DTPA?
DMFer on Pee on Laundry + CDR
WU ChIC 541 Produce ED MA
What 4 claims are available under the DTPA?
DMFer Pee on Laundry + CDR
WU ChIC 541 Produce ED MA
Deceptive, Misleading, or False Practice on Laundry list, Consumer Detrimentally Relied
Warranty breached (express or implied), Chapter 541 Insurance Code, acts must be a Producing cause, Economic Damages, or Mental Anguish
(hook: large laundry list, including cars, sports, flowers)
In general what types of acts are on the laundry list?
GM, Major League Rugby, FTD
In general what types of acts are on the laundry list?
GM, Major League Rugby, FTD
General Misrepresentations, Misrepresentations about Legal Rights, Failure To Disclose
*note: there is no requirement for knowledge or intent unless DTPA requires it
*note: consumer must rely on it to the consumer’s detriment
(hook: Kanye is unconscionable, so Bey (who acts and practices) and Jay made APeshit CD of Talking ACEd GUD music @ Transaction
What is the definition of DTPA unconscionability?
A/P CD TALK ACE GUD @ Transaction
What is the definition of DTPA unconscionability?
A/P CD TALK ACE GUD @ Transaction
Act or Practice, to the Consumer’s Detriment, Takes Advantage of Lack of Knowledge, Ability, Capacity, or Experience to Grossly Unfair Degree @ time of Transaction
hook: Kerry Washington is a Warranty, HUCC-SICL is Gladiator Work Product
Give examples of implied warranties that may give rise to a DTPA action
HUCC SICL GWP
Give examples of implied warranties that may give rise to a DTPA action:
HUCC SICL GWP
implied warranty of Habitability, UCC warranties, implied warranty of Suitability In Commercial Leaseholds, implied warranty of Good & Workmanlike Performance
