Feb ’18 Flashcards
An abstract of judgment from a Virginia court in one jurisdiction, docketed in a Virginia circuit court of another jurisdiction, will create…
…a judgment lien on any real estate owned by the judgment debtor[s] in the jurisdiction where the judgement was recorded.
liens on motor vehicles are perfected by…
…having the lien noted on the title to the vehicle by registering the security interest with DMV not by filing a financing statement.
Three ways a tenancy by the entirety can be severed, which creates a tenancy in common:
- Death of one co-tenant
- Issuance of a divorce decree
- Execution by a joint creditor (e.g., foreclosure).
How to partition a tenancy in common?
The first question in any partition suit is whether the property can be divided in kind, i.e., dividing the real property and improvement equally. Inquiry is practicability.
E.g., where part of the property had a residence on it, and part did not, partition in kind would be impossible.
If not, sale and division of proceeds.
A tenant in common or joint tenant “who places improvements upon common property at his own expense is entitled to compensation in the event of partition.” (Current value of improvements.)
Under the doctrine of employment-at-will, an employment contract for an indefinite period is…
…terminable at any time, after reasonable notice, by either party for any reason or no reason at all. Cannot be used to control voting of a shareholder.
Virginia recognizes a tort claim for conspiracy to induce the breach of a contract, and the plaintiff must prove…
…that there was a conspiracy to procure the breach of contract and that pursuant to such conspiracy the contract was breached.
Punitive damages may be recovered for…
…willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.
How to avoid being sued over property?
The most appropriate legal action is to file a complaint in Circuit Court requiring the claimants to interplead their claims. The Court may thus “enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of the Commonwealth affecting the property involved in the interpleader action until further order of the court.”
A no fault divorce may be granted if…
…the parties lived separate and apart for a period in excess of one year without cohabitation and without interruption, with the intent of at least one of them that the separation be permanent.
Sex does not reset the clock unless there is intent to resume cohabitation.
Divorce should be filed in…
…the circuit court of the county or city where the couple last cohabited together as husband and wife or in the city/county where the non-filing party resides in Virginia.
Under UCC, who bears the loss?
Shipment by carrier (e.g., FedEx)-K type determines risk of loss (“ROL”):
• Shipment Ks-seller only obligated to ship goods to buyer
• Risk of loss passes to buyer when seller delivers goods to carrier
• If K is otherwise silent on shipment terms, shipment K is presumed if K requires shipment by third-party carrier
• Destination Ks-seller obligated to ensure goods reach buyer
Non-carrier delivery-goods not shipped by common carrier
• Merchant seller-ROL passes to buyer when he takes physical possession
• Non-merchant seller -ROL passes to buyer upon tender of delivery
“FOB [location]”-seller bears risk and expense of getting goods to the named location, at which point risk passes to buyer
• E.g., A in Akron sells goods to B in Boise; K states “FOB Boise”; A is responsible for getting goods to Boise, then risk passes to B
Breach & ROL-if buyer rejects defective goods or revokes acceptance, ROL does not pass to buyer until defects are cured or she accepts
Defenses to negligence:
Assumption of risk
Contributory negligence
Mitigation of damages
Gov:
Sovereign immunity
Notice of claims requirement
Shareholder’s right to vote.
A shareholder is entitled to one vote, for each outstanding share of stock held, on each corporate matter submitted to a vote at a shareholder meeting.
Must be free of duress and intimidation from corporate management. Where shareholder is employee, must be free from reprisal by employer.
