Mid Term Review Flashcards
Elements of a contract
Offer
adequate consideration
acceptance
mutuality
Meeting of minds
mutual understanding between two or more parties involved in a contract, meaning they all agree to the same terms and conditions
Statute of Frauds
—certain contracts have to be in writing—value over $1000; duration
of greater than one year; guaranteeing the debt of another
Elements of a Tort
duty
breach of duty
proximal cause
cognizable damages
Reasonable person standard
would a reasonable person have performed the act or omission given the same circumstances
Types of damages
compensatory
punitive
Negligence
failure to behave with the level of care a reasonable person would in the same situation
Contributory Negligence
prevents a plaintiff from recovering damages if they were also negligent
Palsgraf case
dynamite in a valise; trying to get on train; woman
injured far down the platform from the explosion; cattle scales fell over onto her
Strict Liability
legal responsibility for the consequences flowing from an activity even in the absence of fault
Plato property ideas:
Plato argued for collective ownership to promote pursuit of the common interest and to avoid social divisions.
Aristotle property ideas
Aristotle argued for private ownership:
When everyone has a distinct interest, people will make more progress, because everyone will be attending to their own business.”
John Locke
–Rights over our bodies fundamental rights
–Our labor projects ourselves into those objects and gives us rights in those objects.
Fifth Amendment on property
property not taken without due process of law; or taken for public use, without just compensation.
Fee Simple interest
an estate of indefinite duration in real property that can be freely transferred.
Add example
Leasehold interest
an estate for a limited duration in real property, often cannot be freely transferred.
Add example
Sovereign airspace
No set altitude limit on national sovereignty
Karman Line is held by some states 62 miles ASL
Practical line is held by some states, which is the limitation of highest airplane/lowest satellite orbit
Trespassing
Key Provisions of OST
-No WMD’s
-Exploration and use of space would be for benefit of all mankind
-Compromise between the US and USSR:
-Space and celestial bodies are not subject to national sovereignty or appropriation by any other means
Difference in liability for damages caused on Earth (or airliner) versus those caused in
space
Strict liability for damages on earth, while in space you have to prove the other party was at fault
Eisenhower’s role in the OST
1: Eisenhower decided that the overflight of Sputnik did not violate U.S. sovereign air-space
2:Eisenhower addressed the UN in 1962 to set forth basic parameters of international space law.
3: antarctic treaty
Similarities between OST and Antarctic treaty
peaceful exploration
No WMDs
No country could exercise national sovereignty
1968 Rescue Agreement
-A States is responsible for notifying others if there is an accident or distress situation
-Other States are to use “all possible steps” to rescue personnel of a spacecraft and render them “all necessary assistance.”
The astronauts are due to be returned to the lawful authority.
States are required to notify another State upon the discovery of a space object and to return it to the other state
1972 Liability Convention
Only States may be held liable for damages.
Only States may make the claims for their damages or for those of their nationals who suffer damages.
Private citizens have no right of action against their own launching States.
Absolute or strict liability applies if a space object causes damage to an object “on the surface of the Earth or to an aircraft in flight
Fault-based liability exists for “damage being caused elsewhere than on the surface of the earth
