MBE 100 Q block set 1

Question 1

Requirements to relate back

when adding a new PARTY

Answer 1

After the statute of limitations passes, in order to amend and add a new party to the action, the following are required
- the amendment concerns same transaction or occurrence as the original complaint
- the new party gets notice within 90 days
-the new party knew or should have known that the suit would have been brought against it but for a mistake concerning their identity

Question 2

Conversion

Answer 2

A defendant is liable for conversion when the defendant intentionally
- deprives the plaintiff of possession of their chattel OR
- interferes with it so that they are deprived of the chattels use

Question 3

Mistake of ownership as a defense to conversion

Answer 3

A mistaken belief (even a reasonable one) that the defendant legally possesed the chattel does not absolve them from liability for conversion

Question 4

Irrevocability of an offer and promissory estoppel

Answer 4

Under promissory estoppel, an offer is irrevocable for a reasonable period of time if
1. the offeror reasonably expected to induce reliance on the offer before acceptance
2. the offeree reasonably relied on it
3. that reliance caused the offeree to suffer a substantial detriment