Missed MBEs Flashcards
Pure comparative negligence
Full recovery - % fault
Modified comparative negligence
P > 50% fault —> no recovery
Apparent Authority
3rd pty reas infers, from P conduct, P granted A power
What is the defendant liable for if they commit an intentional wrongful act?
All consequences
Ex: D commits battery, P ambulance crashes on the way to Er and P breaks leg
WHEN must oral agreements be made for parole evidence rule to apply?
Before/During creation
Exceptions to the parole evidence rule
F U CTE
Formation defenses (fraud duress)
UCC (trade, performance, dealing)
Collateral side agreements
Condition Precedent
Terms (ambiguous)
Error (clerical)
Promissory estoppel v. substantial performance v. unjust enrichment
Promissory Estoppel: foreseeable, reasonable reliance + injustice, Alternate K, n/a if actual K
Substantial performance: Not when express condition, only constructive
Unjust enrichment: no K or invalid
When is a waiver irrevocable?
Made after time for condition passed or other relied
What does FRE not apply to?
Grand jury proceedings
Evidence of crimes/prior bad acts cannot not be used to prove…
Person acted in line with bad character
When can a letter be presumed to be received/delivered?
Addressed, stamped, mailed
Liability waiver….allowed?
PP reason… cannot say no liability bc company would take less precaution
Judicial notice, criminal v. civil
Criminal = may accept
Civil = must
Which experts cannot testify about mental state? (Civil or criminal)
Criminal
Removal: 1 pty claim >$75 and other pty <$75? Can <75K get in?
Can get in w/ supp jx if same t/o
Between two merchants, additional terms can be accepted but not if term materially alters.
What does materially alter mean?
Changes purpose of agreement
Not minor difference or alterations, or value
Ex: limited liability clause
Impracticability (K defense)
Unexpected event
Performance extremely difficult/costly
Basic assumption of contract
No risk assumed (act of God)
EX: championship pig for show dies
Attorney client privilege: Extends to who else besides atty?
Reps of atty who are advised of confidential info by atty
Ex: consultant, investigator
Arson elements
Malice (intent OR extreme reckless disregard of high risk of that burning would happen)
Burning
Ex: accidentally dropping match then walking away bc you want it to burn
When does double jeopardy attach?
During jury trial (jury empaneled or witness sworn in)
NOT: prelim hearing or grand jury investigation
6th amendment: right to counsel
When does right start?
What is it?
Right starts at indictment (arrest)
Cannot elicit info about crime w/ counsel
Ex: sticking informant in cell
Not a defense to murder?
Duress and Necessity
Parole evidence: Full integration? What’s not allowed? What’s allowed?
Total integration of desires
Merger clause: evidence not conclusive
NONE
- unless exception
Parole Evidence: Partial Integration? What’s not allowed? What’s allowed?
Agree on paper but extra shit
No Merger Clause = evidence
NO: Add/change/contradict
YES: Add consistent terms
