Mnemonics

Question 1

2-207 Battle of Forms: Add’l Terms EMO

Answer 1

offer dn Expressly limit acceptance to terms

add’l term dn Materially alter

fails to Object w/in reasonable time

Question 2

Foundation for past recollection recorded: PFAM

Answer 2

Personal knowledge when made

Fresh in W’s memory when made/adopted

Accurately reflects W’s knowledge

Memory not refreshed by consulting record

Question 3

Attractive Nuisance: ADD BF

Answer 3

Artificial condition + kids likely to trespass

Death or SBI

Danger not appreciated by kids

Burden slight compared to risk

Failure to exercise reasonable care

Question 4

Intentional Interference w/ K

Answer 4

• valid K, intentional interference, damages
• defenses: not acting for improper purpose (ie: social cause) + fair competition

Question 5

Trustee’s Duties: DAN LIES

Answer 5

Due care

Accounting

No delegation of discretionary functions

Loyalty

Invest as prudent person

Earmark

Segregate (but ok to commingle multiple trusts) )

Question 6

Fraud: MOM SPARD

Answer 6

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)

Question 7

Quasi K BRU

Answer 7

• Benefit conferred by express request or implied permission
• Reasonable expectation of being compensated
• Unjust enrichment if D allowed to keep benefit

Question 8

Expert Evidence: Q SAM PR

Answer 8

• 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

Question 9

Insane Delusion: F NBC

Answer 9

False belief

Not supported by fact

Belief from sick mind

Causation

Question 10

Tort of Negligent Misrep: FIN BRK

Answer 10

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

Question 11

Due Process: IRVI

Answer 11

Importance of interest at stake

Risk of erroneous deprivation b/c of procedure used

Value of add’l process

gov’t Interest

Question 12

Biz Records: RPAT

Answer 12

Regular course of biz/duty

personal knowledge

authenticated

trustworthy