EXAM 2 LEGL Flashcards
1
Q
What is Property?
A
-Right to Exclude others from resources that are originally possessed
-Legal Fence
-Bundle of Rights:
right to:
exclude
possess
use
sell
control
gain income
2
Q
Real Property
A
Land and Buildings
3
Q
Personal Property
A
movable resources
Tangible: Land, Object
Intangible: Ideas, intellectual property
4
Q
Air rights
A
-owner possesses air above the land
-throwing football from one property to another is a violation of air rights
-can sell air rights
5
Q
Subsurface Rights
A
Rule of Capture: liquid flowing from neighbors property to yours, allowed to capture it even if originated on your neighbors property
6
Q
Case Example Subsurface Rights
A
Allowed to extract gas underneath neighbors property if you don’t have physical trespass
7
Q
Fixture
A
-personal property that has been converted into real property
-fixture becomes one with the real property
8
Q
What happens to fixtures when property is sold?
A
default rule if a fixture, stays within the company
9
Q
Fee Simple Absolute
A
when I leave property to someone, they own it
10
Q
Fee Simple Defeasible
A
has to have some type of additional conditions to use the property
11
Q
Life estate
A
Grants ownership in land for the lifetime of a specified person
12
Q
Reversion Interest
A
If Land reverts to original granter upon death of person
13
Q
Remainder Interest
A
Property goes to someone other than original grantor upon death of person
14
Q
Life estate holder
A
entitled to full use of property, responsible for property taxes and repairs
15
Q
Leasehold Estate
A
Property granted to tenants by Landlord
1. Can be leased for definite or indefinite duration
2. Can’t waste land/reduce value
3. provided notice to get out
16
Q
Concurrent Ownership
A
More than one person owning same property
17
Q
Joint Tenancy
A
-must be equal
-Rights of survivorship (property goes to other person if joint person passes away)
18
Q
Tenancy in common
A
-can have different shares
-No rights of survivorship (have to go through probate court)
19
Q
Easements
A
Right of someone other than the owner to cross over land or use land
20
Q
Natural Easement
A
dealing with property that is Land Law
21
Q
Negative easement
A
-asking neighbor to not do something on property that would have negative impact
-Neighbor promises not to do something
22
Q
Negative easement vs Private nuisance
A
Negative easement: preventative
Private Nuisance: damage already occurred
23
Q
Easement by prescription
A
Use other persons land openly, wrongfully, and continuously
24
Q
Easement vs Adverse possession
A
Easement: you and owner continue to use property
Adverse possession: you are sole owner
25
Bailments
personal property
26
Bailor
Owner
27
Bailee
temporary possessor of the object
28
Type of Bailment: Ex: keep car in bailee's garage
Sole benefit of the bailor
1. bailee only owes slight duty of care
29
Type of Bailment: Ex: Go to enterprise to rent a car, enterprise gets money, you get car to use
Mutually beneficial
1. Both owe reasonable duty of care
30
Type of Bailment: Ex: Neighbor asks to use your lawnmower
Sole benefit of the bailee
1. bailee owes bailor High duty of care
31
Rule of first possession
First person to bring previously unowned things to possession, becomes their owner.
32
Abandoned property
First person to bring abandoned thing to possession owns it. Look at intent
33
Lost items
Finder becomes owner by bringing item to possession and following a statutory procedure.
34
Mislaid things
Must be given to owner of the premises where item was mislaid
35
Mislaid vs Lost items
Mislaid: intended to put item
Lost: didn't intend
36
Confusion
1. fungible (identical) goods are mixed together
2. Owners hold proportional share if confusion is by honest mistake
3. Not rewarding bad behavior is intentionally wrongful, give back to party
37
Accession
Something that is added. Engage in bad behavior, you get nothing
38
Gift
1. Intends to make the gift
2. Delivers the gift by physical transfer
39
Constructive delivery
Gifting car to you, and hand you keys; keys representing delivery of car
40
Testamentary gift
gift through a will, not complete until donor's death
41
Title
Document registered with state for certain types of personal property that represents ownership
42
Warranty Deed
promises the grantee that grantor has good ownership and full power to convey it.
43
Special/Limited Warranty Deed
-Limits liability of grantor/seller
-Doesn't hold grantor liable for what happened prior to his/her ownership
44
Quitclaim Deed
Makes no guarantees other than grantor surrenders all claim against the land.
45
What happens when deed is not recorded?
doesn't matter if you had closing first, if your deed doesn't get recorded first, you won't own property
46
Recording Statutes Rule
Recording puts everyone on notice, if its not recorded, we would be able to purchase it free and clear of loan
47
Foreclose
Georgia is a non-judicial foreclosure state
48
Deficiency
Balanced owed by the debtor to the creditor (mortgagee)
49
Right of redemption
allows mortgagor to get back land upon payment of the full amount of the debt.
50
Artisan's Lien
personal property
51
Mechanic's Lien
Real property
52
Public Nuisance
Land that causes inconvenience or damage to the public
53
Private Nuisance
Unreasonable use of one's property causing interferences of another's land-few people
54
zoning
Variance: allows use of land that is different from what is normally permitted from normal zoning ordinance
55
Contracts
Both verbal and written contracts
56
Bilateral Contracts
Agreement of mutual promises
57
Unilateral Contracts
-Agreement with only one promise
-Promise made in exchange for performance
58
Express Contracts
1.Parties show agreement in words (written or oral)
2. Parties actually discuss promised terms of their agreement
59
Implied-in-fact
Arise from conduct of parties rather than from words
60
Implied-in-law aka Quasi-Contracts
Remedy applies when no actual contract exists to cover the dispute. Ex: Credit card bill owes 1000 bucks, but you accidentally pay them 2,000 dollars. Unjust enrichment. Has to return money.
61
Voidable
at least one party can withdraw and make the contract void
62
Executed Contract
Parties have performed their promises
63
Executory Contract
Parties have not yet performed their agreement
64
Elements of an Enforceable contract
-Offer
-Acceptance
-Consideration
-Capacity
-Legality
65
Offer to Contract
Put yourself in the shoes of the Offeree
66
Revocation
Offeror doing revoking
67
Rejection
Offeree doing the rejection
67
Counteroffer
Offeree rejecting original offer and sending alternative
68
Lapse of time
how long you have to accept
69
Mirror Image Rule
Acceptance must match the offer exactly to create binding contract, otherwise it is a counteroffer
70
Mailbox rule
Acceptance becomes legally binding when offeree dispatches it
71
Offeror's Revocation
1. Revocation be affected once it's received by Offeree
2. Once offer is accepted, no longer revoke it
72
Consideration
Bargained for exchange
1. each party gives something of value to other person
73
Option contract
Agreement to not revoke an offer
74
What doesn't suffice as consideration
Pre existing Obligation, Past consideration, promise to make a gift, promise to pay off college tuition after graduated
75
Pre-existing Obligation
-A contractor demanding more money for the same work
-doesn't apply to UCC sale of Goods
76
Past Consideration
-promising to pay $20 to her neighbor for washing her car earlier in the week
77
Promissory Estoppel
exception to consideration requirement. Party who reasonably relies on gratuitous promise can ask a judge to award compensation for that reliance.
78
Capacity of Parties to Contract General Rule
-as a minor have the right to withdraw from contract prior to turning 18 and for reasonable time after turning 18.
-intoxicated and mentally impaired persons cannot be bound.
79
How does a court determine competence?
nature and purpose of contract
80
the Statute of Frauds requires certain types of contracts to be in writing:
-sale of an interest in land
-collateral promise to pay another's debt
-Contracts cannot be performed within one year
-Sale of goods of 500 or more (exception: specially made goods, if its a service no price tag)
81
Fraud
-intent to deceive that a party justifiably relies on.
-Remedy: party has option to void or enforce contract and sue.
82
Innocent Misrepresentation
-without intent to deceive that a party justifiably relies on
-Remedy: party has option to void contract
83
Mutual Mistake
-Both parties mistaken
-Remedy: Rescission by either party
84
Unilateral Mistake
-one of the parties mistaken
-remedy: none
85
Duress
-force or threat of force, threat can be physical or economic
86
Undue Influence
-one taken advantage unfairly by a party who misuses a position of relationship.
87
Compensatory Damages
-damages that aim to put plaintiff in same position as if the contract had been performed
88
Liquidated Damages
Amount of damages is stipulated in the contract
-damages has to be reasonable amount
89
Consequential Damages
Damages for downstream impact
arises from unusual foreseeable losses like lost sales
90
Buyer Breaches
-Lost profits: buyer fails to pay but seller makes replacement sale for lower price
-contract price: buyer fails to pay for goods/services and seller can't resell.
91
Seller Breaches
Occurs when seller fails to deliver good/service and it is procured at a higher price
92
Mitigation
reducing or minimizing the damage
93
Specific Performance
Used for unique subject matter (land, no two parcels of land are the same)
94
Injunction
directing party to do or refrain from doing something
95
Rescission
-court cancels and returns the consideration
96
Creditor Beneficiaries
Creditor Beneficiary can enforce contract against Promisor OR Promisee
97
Donee Beneficiaries
can enforce contract against Promisor but not Promisee
98
Assignment
Transfer of contractual rights. Keeping old agreement
99
Novation
agree to relieve obligor from liability by substituting another. Completely new agreement
100
What controls Contracts?
-handwritten
-typed
-pre-printed Forms
101
Parol Evidence Rule
cannot introduce evidence of oral agreements made at the time of or prior to written contract
102
When is evidence of oral agreements allowed?
occurring after the written contract may be admitted
103
Condition Precedent
something must take place before a party has a duty to perform
104
Condition Subsequent
Excuses performance if some future event takes place
105
Complete performance
Everything required under the contract has been done
106
Substantial performance
Less than full performance but greater than significant performance
107
Material Breach
other party is relieved from performance
108
excuse for nonperformance: Force Majure
has to be listed as a triggering event
109
excuse for nonperformance: Impossibility
-common law
-physically impossible or illegal
-Higher standard
110
Excuse for Nonperformance: Frustration of Purpose
-common law
-unforeseen event undermines the party's principal purpose (get into car accident after hiring coach to train you)
111
Excuse for Nonperformance: Commercial Impracticability
-UCC
-if goods are reasonable available from another supplier, can’t use this excuse.
112
Tort
civil wrong that gives rise to an injury or harm (intentional, Negligence, Strict Liability
113
Intentional Torts
intended to perform the act
114
Assault
physical safety, threatening
115
Battery
-Touching without consent
-doesn't have to end with physical injury
116
Infliction of Emotional Distress
requires plaintiff to prove not only mental distress but also physical symptoms
117
False Imrisonment
Detained
118
Malicious Prosecution
False Arrest
119
Trespass to Chattell
Trespass to personal property
120
Conversion
substantial or serious invasion of property
121
Difference between Conversion and Trespass?
hitting a dog and slightly injuring it (trespass to chattel) ; hitting a dog and killing it (conversion). Degree is greater.
122
Defamation
-Publication (someone other than you/third party) of untrue statements that hold up a individual's character or reputation to riducule
123
Slander and Libel
Slander: spoken defamation
Libel: written defamation, includes things said over radio
124
Injurious Falsehood
product rather than character or reputation
125
Tortious Interference
wrongful interference with contractual or business relationships
126
Negligence
-Unreasonable behavior that causes injury
-doesn't care about intent
127
Elements of Negligence (have to accept all 5)
-Duty of care
-Breach of Duty
-Causation in Fact
-Proximate Causation
-Actual Injury
128
Duty of Care
go hiking, see a Bear on trail. There is no duty to warn other potential hikers that there is a bear roaming around even though they could get hurt.
Were the restaurant employees AWARE of the danger? If yes, they have a duty to try to prevent injury.
129
Breach of Duty
Business has a duty to do everything that is reasonable to keep their customers safe from harm.
130
Causation in fact
But For Test: But for the act of the defendant, would the injury have occurred
131
Joint and Several liability options
1. Entire judgement among from either defendant
2. split 50/50
3. doesn't have to be 50/50
132
Proximate Causation
7th floor collapses while you are walking, foreseeable plaintiff: you, people walking under (not someone who is 5 blocks away)
133
Assumption of the Risk
Plaintiff cannot recover if plaintiff:
1. had knowledge of specific risk
AND
2. Voluntarily assumed that risk
134
Cant sue for Negligence if?
someone hasn't suffered injury
135
Strict Products liability
Commercial seller (not next door neighbor)
136
Punitive Damages
punish defendants
