Multiple Subjects Flashcards
What is the duty of a landowner to an invitee?
The landowner owes an invitee a general duty to use reasonable and ordinary care in keeping the property reasonably safe for the invitee. This general duty includes the same duties owed to licensees, which includes a duty to:
- Warn of or make safe non-obvious, dangerous conditions known to the landowner and use ordinary care in active operations on the property; AND
- Make reasonable inspections to discover dangerous conditions and, thereafter, make them safe.
Who is an invitee?
A person who enters the premises in response to an express or implied invitation of the landowner. There are two classes:
- Those who enter as members of the public for a purpose for which the land is held open to the public; and
- Those who enter for a purpose connected with the business or other interests of the landowner or occupier
What force can possessors use to protect their possessory rights?
Only that force that is reasonable under the circumstances.
Do zoning restrictions make title unmarketable?
No, but zoning violations will make title unmarketable
What is obscenity?
A description or depiction of sexual conduct that a reasonable person, applying contemporary community standards would:
- think appeals to the prurient interest in sex;
- portrays sex in an offensive way; and
- does not have serious literary, artistic political or scientific value
What does the speech and debate clause do?
It shields members of federal Congress from:
- civil or criminal suits relating to their legislative actions; and
- grand jury investigations relating to those actions.
What is a contract waiver?
It is an excuse of the nonoccurrence or delay of a condition to a duty. Constructive conditions of exchange can be waived through conduct, by treating a breach as only a partial breach and continuing to perform the K. Although a waiver may be retractable in certain situations, a waiver is NOT retractable once the non-waiving party has relied on the waiver.
What makes a deed valid?
- must be in writing;
- signed by grantor;
- unambiguously identify the land;
- identify the parties;