EXAM 2 Flashcards
What are intentional Torts?
When the wrongdoer intends to impinge upon a protected interest and knew ( or should have known) the resulting consequences (Injuries)
Someone intends to do something wrong to the plaintiff. Intent the action the result doesn’t matter intent does.
What does scienter mean in fraud?
The defendant knew the information they were giving the plaintiff was false.
If the plaintiff knew the information given them by the defendant was false do they win or lose?
They lose. You can only win if you thought it was the truth and relied on it. If you knew it was false you lose on fraud.
SIAVAGE v. Gandy what does it hold and what are some details?
Anyone including a lawyer can be liable for fraud if they participate in the fraud.
Who can sue for fraud?
Only the parties who were directly involved in the fraud can sue for fraud. only those harmed can sue.
What are the two forms of misrepresentation?
Negligent or intentional.
What does intentional interference with contractual relations mean?
Wrongful interference in a contract with between a plaintiff and another party with the defendant. Ex - defendant interview in a contract and the contract fell through.
What is the holding of Techno Lite v. EMCOD? And give case details.
The court said employees violating a promise not to compete is fraud.
Employees were working in their own company while working in another company and they promised
What was the holding of MacPherson v. Buick? Give case details.
If you are the final manufacturers must inspect the parts put on the cars otherwise they are liable.
What is express warranty? How does it work with strict liability?
Make a promise it will work a certain way or function a certain way and it doesn’t there’s strict liability.
What does modern strict liability law entail?
Manufacturers and retailers are still liable even if the product wasn’t purchased directly from them
What was the holding of Baxter v. Ford Motor said about advertisements and express warranty? Give case details.
If the manufacturer creates an advertisement that promises something it counts as a express warranty it doesn’t matter if it wasn’t in the contract.
What was the holding of GreenMan v. Yuba power products? Give case details?
If you make a defective product and put it into commerce you are liable no matter what or who it hurts. Anyone who has ever possessed it is in the hook for it.
What was the holding of Paris v. ICON? Give case details.
The trampoline case guy ignored warnings and tried to do a back flip landed on his neck and turned paraplegic. With a lot of warnings and very visible warnings, the creator is not liable for damages.
What was the holding of Shin v. Starbucks Corp? Give case details.
Case of the woman who bought tee and fell over for being clumsy and sued for lack of handling in the cups.
If a reasonable person could no forsee the use of the company’s product then the company has no liability. If the customer uses the product in an unforeseen way the company is not liable.
What joint and several liability is in product liability.
Everybody who is in the chain of title is jointly and severally liable in product liability they can be made to pay the entire amount of damages. You can sue any if or all of them whoever is easier to sue.
What is the open and dovious doctrine?
Manufacturers are not responsible for defects or risk that consumers take when the risk is open and obvious. If a reasonable person can see its dangerous then they are not liable.
Define the difference between Personal property and Real Property.
Personal property is movable. Real property is not (attached to land/not movable).
What is included in Real Property?
Before they are extracted, trees, crops, oil, and minerals are real property. Chairs or tables screwed on also are real property.
How does tort law protect property interest?
Tort law helps enforce rights to property.
Suing for trespassing (Crossing personal property) or conversion (stole personal property)
How does contract law arranges the use of property?
Arrages the use of property.
How we decide what to sell to people what to lease and so on.
What is the definition of property?
Property is a protected expectation of using a thing for your own advantage.
What is the term that is the most common form of real property ownership?
Fee simple
What is the term for two or more people having an undivided interest in real property?
Tenancy in common
What does joint tenancy mean?
Where you have the right of survivorship. When one of the tenants passes away instead of going into descendants it goes to the survivor. Typically used for spouses to just get the stuff.
What is a life estate?
You have possession of the property for your life. When you die it goes back to whoever gave it to you.
What do easements allow the utility companies to do?
Gives them the right to use your property in a specific way without them having the land. EX - Allows them to put powerline across your property.
What was the holding of Four B Properties v. Nature Conservancy? Give case details.
The covenant runs with the land which means all owners are bound by it. Whether they know about it or not. Since its recorded in the property records.
What is the example given in the book for a restrictive land covenant?
Policies like only single families are allowed, no dogs are allowed, no pastel colors.
What is the implied warranty of habitability in residential leases?
There is an implied warranty of habitability in a residential lease.
What is the difference between commercial leases and residential leases?
Commercial leases are usually longer, for 5-10 years. Residential leases usually don’t go longer than 1 year.
What was the holding of Nielsen v. Gold’s Gym? Give case details.
The terms must be clear for an agreement to be enforceable.
What does the government have to do before they can take your private property?
Pay you fair market value.
What is the name of the power governments use to tell homeowners how they may use their land?
Police power.
When does the government must pay for a regulation that reduces the value of private real property?
when they reduce the usefulness to practically nothing
What was the holding of RDNT, LLC v. City of Bloomington Court? Give case details.
The city can make any decision it wants along as its for the best interest for the city.
What is the definition of Conversion?
When someone exercises dominion and control over your personal property without your permission.
What was the holding of Reyes v. Brookshire Grocery Co.? Give case details.
Since the store did proper warning of wet floor via a sign the company was not liable
