July ’16 Flashcards
A landowner owes no duty to those outside the land with respect to…
…natural conditions on the land.
However, a duty is owed to refrain from engaging in any act that makes the highway more dangerous than in a state of nature or in the state in which it has been left.
Proximate cause
Reasonably foreseeable and not interrupted by an unforeseeable intervening cause.
Good samaritan statute
A person who, in good faith, renders emergency care or assistance, without compensation, to any ill or injured person shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance.
Contributory negligence does not apply to risks taken to offer aid.
A limited partner ___ have actual authority to bind the partnership in contract.
Does not.
Limited partners can lose their limited liability if they…
…participate in the control of the business and the other party reasonably believes that the limited partner is a general partner.
General partners owe a ___ to the partnership.
fiduciary duty of loyalty.
Self-dealing can be a breach.
When a fiduciary breaches his duty, disgorgement of profits is generally the appropriate remedy.
Interested transaction PR rule
(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client;
(2) the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and
(3) the client consents in writing thereto.
(b) lawyer shall not use privileged or confidential information to their advantage or to the advantage of a third person or to the disadvantage of the client unless the client consents after consultation.
Under PR rule 8.4, it is misconduct to…
…violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
engage in conduct involving dishonesty, fraud, deceit or misrepresentation
Contractual ambiguities are construed…
…against the drafter.
Upon default of a security interest, the secured party has the right to…
…repossess, provided it proceeds without breach of the peace (conduct that has the potential to lead to violence).
However, a secured party that disposes of collateral must send reasonable authenticated notification to the (10 days’ notice before disposition of collateral is considered reasonable).
A secured party is liable for the actual damages caused by failure to follow any of the Code’s rules.
If the collateral is consumer goods, the debtor is entitled to a minimum of 10% of the cash price of the goods plus an amount equal to all the interest charges to be paid over the life of the loan.
Murder in the first degree is:
Murder, other than capital murder, by poison, lying in wait, imprisonment, starving,
or by any willful, deliberate, and premeditated killing,
or in the commission of, or attempt to commit, arson, rape, robbery, burglary or abduction.
“Willful, deliberate, and premeditated” means that the defendant acted with a specific intent to kill, adopted at some time before the killing, but which need not exist for any particular length of time.
Murder is…
…a killing with malice.
“Malice” is that state of mind which results in the intentional doing of a wrongful act to another without legal excuse or justification, at a time when the mind of the actor is under the control of reason.
It may result from any unlawful or unjustifiable motive including anger, hatred, or revenge.
Malice may be inferred from any deliberate, willful, and cruel act against another, however sudden.
A court may order an accused to be tried for all crimes pending in one trail if…
…if justice does not require separate trials and either
The commonwealth attorney and accused agree or
charges are based on the same act or transaction, or on two or more acts or transactions that are connected or constitute parts of a common scheme or plan.
“Spillover prejudice” is one reason justice may require a separate trial. The accused may also wish to testify about only one charge.
When an insured party makes a claim that is paid by the insurer, the insurer becomes…
Subrogated.
If the insurer has paid the entire claim, it is the real party in interest and must sue in its own name. If no money or enforceable promise to pay money has been advanced, then there has not been any subrogation and the insured remains the real party in interest.
When a bank charges an account for a forged check…
A bank may charge its customer’s account only for “properly payable” items. A forged check is not properly payable.
If the account holder reports the forgery promptly and did not substantially contribute to the forgery, the bank must re-credit the account.
