Mnemonics Flashcards
2-207 Battle of Forms: Add’l Terms EMO
offer dn Expressly limit acceptance to terms
add’l term dn Materially alter
fails to Object w/in reasonable time
Foundation for past recollection recorded: PFAM
Personal knowledge when made
Fresh in W’s memory when made/adopted
Accurately reflects W’s knowledge
Memory not refreshed by consulting record
Attractive Nuisance: ADD BF
Artificial condition + kids likely to trespass
Death or SBI
Danger not appreciated by kids
Burden slight compared to risk
Failure to exercise reasonable care
Intentional Interference w/ K
- valid K, intentional interference, damages
- defenses: not acting for improper purpose (ie: social cause) + fair competition
Trustee’s Duties: DAN LIES
Due care
Accounting
No delegation of discretionary functions
Loyalty
Invest as prudent person
Earmark
Segregate (but ok to commingle multiple trusts) )
Fraud: MOM SPARD
Misrepresentation or Omission of Material fact with
Scienter (knowledge of falsity/reckless disregard) and
Purpose (induce reliance)
Actual reliance
Reliance reasonable
Damages (need not be economic)
Quasi K BRU
- Benefit conferred by express request or implied permission
- Reasonable expectation of being compensated
- Unjust enrichment if D allowed to keep benefit
Expert Evidence: Q SAM PR
- Qualified by education/experience
- Scientific, technical, or specialized knowledge
- Assist jury
- Methodology Reliable (peer reviewed/tested/generally accepted)
- Proper basis (based on facts of a type typically relied upon by experts in field)
- Reasonable degree of certainty
Insane Delusion: F NBC
False belief
Not supported by fact
Belief from sick mind
Causation
Tort of Negligent Misrep: FIN BRK
False Info
result of Negligence
in course of Biz/profession
justifiably Reliance
K’ual relationship b/w P & D or D knew 3d p would be relying
Due Process: IRVI
Importance of interest at stake
Risk of erroneous deprivation b/c of procedure used
Value of add’l process
gov’t Interest
Biz Records: RPAT
Regular course of biz/duty
personal knowledge
authenticated
trustworthy
