Legal Exam 2 Flashcards
1
Q
What are the property bundle of rights 6
A
right exclude, possess, use, sell, control, gain income: elephants play under sunny clear gardens
2
Q
Real Property
A
Land, buildings
3
Q
Personal Property
A
moveable resources (tangible/intangible)
4
Q
Rule of Capture
A
you can get water naturally flowing or use fancy machines
5
Q
Fixture
A
personal property converted to real property
6
Q
default rule for fixture
A
all fixtures stay with house and new buyer owns
7
Q
What are the 4 types of ownership
A
Free simple, life estate, leasehold estate, concurrent ownership: funny lions like candy
8
Q
Free simple absolute
A
no strings attached
9
Q
Free Simple defeasible
A
conditions
10
Q
Life Estate Reversion interest
A
land reverts back to original grantor at the death; if property given to sally may for life then at the death of sally
11
Q
Life Estate remainder interest
A
property goes to someone other than original grantor
12
Q
Leasehold estate
A
can be for definite or indefinite rotation
13
Q
Concurrent Ownership - Joint Tenancy
A
if husband passes 100% yours
14
Q
Concurrent Ownership - Tenancy in Common
A
NOT 100% yours, must go through probate (will) process
15
Q
easements
A
right of someone other than owner to cross or use land
16
Q
natural easement
A
when landlocked; using neighbor driveway
17
Q
negative easement
A
preventative promise; ask neighbor not to do something that will hurt the land
18
Q
bailments
A
goods placed into another’s possession with INTENT TO RETURN
19
Q
bailor
A
owner
20
Q
bailee
A
possessor with an intent to return
21
Q
Keeping the car in neighbor’s garage: type of bailment/duty of care
A
For the sole benefit of the bailor, SLIGHT duty of care
22
Q
renting a car from enterprise: type of bailment/duty of care
A
Mutually beneficial, REASONABLE
23
Q
Neighbor borrows your lawnmower: type of bailment/duty of care
A
For the sole benefit of the bailee, HIGH duty of care
24
Q
lost items
A
didn’t intend for the item to be there, follow statutory process
25
mislaid things
meant to put it there, must be given to owner of premises
26
adverse posession
provides ownership of land under state statute
27
confusion
occurs when fungible (identical) goods are mixed together
28
if confusion occurred by honest mistake
look @ record or 50/50
29
if confusion occurred by intentionally wrongful
nothing
30
Accession
something that is added (raw materials) take plane engine to make a plane. you OWN final product
31
What 2 things must occur for a gift to take place
Donor INTENDS to make gift and DELIVERS by physical transfer
32
Constructive delivery
turning over keys/deed to land
33
testamentary gift
given through will
34
Deed
document of title transfer ownership of LAND
35
Warranty Deed
me and everyone PRIOR have good title
36
Special/Limited Warranty Deed
the people prior doesn't matter
37
Quitclaim deed
NO protection/guarantees, grantor surrenders all claim
38
Who gets first priority
whoever records
39
Deficiency
you owe 100k but only sells at auction for 80k they can come for 20k
40
Right of Redemption
pay of all money in debt, no good title until passed
41
Artesian lien
personal property
42
Mechanic's lien
real property
43
zoning variance
use of property currently not permitted
44
Bilateral contract
agreement with MUTUAL promise, BOTH parties have duty to perform
45
Unilateral Contract
agreement with ONE promise, ONE party has duty to perform
46
Express contract
agreements in words (written or oral)
47
Implied-in-fact
arise from conduct e.g bill at Juicy Crab
48
Implied-in-law/Quasi-contracts
technically not a contract, credit card company send money back if overpaid
49
executed contract
parties have PERFORMED their promise
50
executory contract
parties have not yet performed agreement
51
Objective Standard
test to measure intent from a reasonable perspective because offeror must INTEND to make offer
52
Does UCC have to be definite and specific
NO
53
termination of offer: revocation
offeror revokes offer PRIOR to acceptance
54
termination of offer: subject matter destruction
contract makes impossible to perform
55
mirror image rule
acceptance must match/mirror EXACTLY or it is a counteroffer (except sale of goods UCC)
56
mailbox rule
acceptance is legally binding when offeree DISPATCHES, minute sent in mail
57
when is revocation effective
when offeree RECEIVES it
58
option contract
give consideration to keep open (2 weeks to accept offer on house)
59
consideration: bargained for exchange
there is an exchange of value, needed for BOTH parties to exchange for viable contract
60
What 3 things is NOT consideration
pre-existing obligation, past consideration, promise to make a gift
61
Pre-existing obligation
demanding more money for the same work
62
Past consideration
emma helped before the promise was made
63
promise to make a gift
get a car for your bday
64
promissory estoppel
enforces a promise even when there is no formal contract, if one party reasonably relied on that promise and suffered harm as a result. It prevents the promisor from going back on their word when the promisee has taken action based on the promise.
65
4 elements of promissory estoppel
A Clear and Definite Promise – The promisor must have made a promise.
Reasonable Reliance – The promisee must have reasonably relied on the promise.
Detriment – The promisee suffered harm or loss due to reliance on the promise.
Injustice if Not Enforced – The court must determine that not enforcing the promise would be unfair.
66
who can't be bound to contract
minors, intoxicated and mentally impaired
67
fraud, remedy
INTENT to deceive and RELIES on: can void contract OR enforce and then sue
68
innocent misrepresentation, remedy
NO INTENT to deceive and injury because RELIES on; can void contract
69
mutual mistake, remedy
BOTH parties mistake, recision by either party
70
unilateral mistake
one party is wrong, no remedy
71
duress
under force or threat
72
undue influence
abusing trust
73
control
pre-printed and then handwritten change with both intials on it
74
parol evidence rule
parties to final written contract can't introduce evidence of oral agreements made at the time or prior to the written contract it is only allowed AFTER
75
conditions of performance: condition precedence
condition takes place BEFORE party has duty to perform
76
conditions of performance: condition subsequent
there IS a duty but something in the future happens that excuses performance
77
complete performance
everything required under contract has been done
78
substantial performance
less that full but greater than significant has been done, other party REQUIRED to perform and may sue for damages from breach
79
material breach
non-existent performance, other party is RELIEVED, they can sue for damages
80
what are the excuses for nonperformance
force majure, impossibility, frustration of purpose, commercial
81
force majure
specific triggering event
82
commercial
only for UCC and unforseen events
83
compensatory damages
put plaintiff in same position as if contract performed
84
liquidated damages
reasonable $ estimation of damages stipulated in contract
85
consequential
from unusual foreseeable loss ( loss of sale)
86
equitable remedy: specific performance
used for unique subject matter
87
equitable remedy: injuction
court order to do/refrain from doing something
88
equitable remedy: rescission
court cancels agreement and returns consideration to each party
89
beneficiaries general rule
3rd parties cannot enforce a contract unless they were INTENDED to benefit from it
90
creditor beneficiaries
enforce against promisor or promisee
91
donee beneficiaries
enforce against promisor
92
incidental benficiary
3rd party unintentionally benefits, no right to enforce
93
assignment
transfer of contractual RIGHTS
94
delegation
transfer of contractual DUTIES
95
novation
completely NEW agreement
96
intentional tort: assault
threat, apprehension for safety
97
intentional tort: battery
touching without consent that is offensive or harmful does NOT have to result in physical injury
98
intentional tort: emotional distress
prove mental distress and AND physical symptoms
99
intentional tort: invasion of privacy
use name for gain, intrude on solitude, display publicly private info
100
intentional tort: false imprisonment
detained
101
intentional tort: malicious prosecution
false arrest
102
intentional tort: trespass
land: ask someone to leave there is football in yard
chattell: personal property
103
intentional tort: conversion
theft
104
intentional tort: defamation
publication of untrue statements
slander: said
libel: written
105
intentional tort: fraud
intentional misrepresentation of facts
106
intentional tort: injurious falsehood
defamation for PRODUCTS
107
intentional tort: tortious interference
breaks contract
108
5 elements of negligence
Duty of Care, Breach of Duty, Causation in Fact, Proximate Causation, Actual Injury
109
Duty of care
there is a responsibility of reasonable care, if you are AWARE there is duty to prevent
110
Breach of Duty
conduct fails to meet applicable standard of care, danger is reasonably FORESEEABLE
111
Causation in Fact
must have actually CAUSED the injury (But for the act of the defendant would the injury have occured)
112
substantial factor
decided by jury in bringing injury
113
joint and several liability
can do entirely to one person, equal split or not equal split
114
pure several liability
portion of damage jury believes individual actually caused
115
Proximate Causation
"legal cause" only liable for FORESEEABLE risk. Foreseeable plaintiff? Foreseeable consequence/harm?
116
Intervening Case
destroys proximate causation, thief steals car and hits someone
117
Actual Injury
physical injury to person/property
118
Contributory negligence
plaintiff even PARTIALLY at fault
119
Comparative negligence
damages assigned according to fault if plaintiff had KNOWLEDGE and VOLUNTARILY assumed risk
120
Strict Liability
without fault or intent, commercial seller sells unreasonably dangerous product
121
Compensatory Damages
makes whole financially
122
Punitive Damages
punish intentional when its like willful and wanton malicious, fraudulent, evil
123
Easement by prescription - 3 elements
can use others land even if they don't want it if openly, wrongfully and continually
124
unenforceable
justifiable reason for not performing
125
voidable
impossible to perform
126
