NY BAR REVIEW 3

Question 1

Casualty Insurance

Answer 1

Right to cover full purchase price and seller allowed to keep insurance proceeds because insurance policy is PERSONAL contract between seller and insurer, absent express agreement to contrary.
Buyer can obtain insurance proceeds ONLY IF buyer PAID premiums.

Question 2

Doctrine of equitable conversion

Risk of Loss

Answer 2

Uniform vendor and purchaser risk act places risk on SELLER unless buyer has LEGAL TITLE or POSSESSION at TIME OF LOSS.

Question 3

First degree arson

Answer 3

Intentionally causing explosion or fire by incendiary or explosive device intentionally damaging building or motor vehicle with knowledge that nonparticipant is present in building or motor vehicle or circumstances such that person’s presence therein is reasonable possibility.
Nonparticipant need NOT be injured.

Question 4

Second degree arson

Answer 4

Intentionally damaging building or motor vehicle by intentionally starting fire with knowledge that nonparticipant is present in building or motor vehicle or circumstances are such that person’s presence therein is reasonable possibility. Nonparticipant need NOT be injured.

Question 5

Third degree arson

Answer 5

Intentionally damaging building or motor vehicle by intentionally starting fire or causing explosion.
Affirmative defense is all persons with possessory or proprietary interests in property consented, defendant’s intent was to cause damage for lawful purpose and defendant had no reasonable ground to fear for safety of another person or fear damage to another building or motor vehicle.

Question 6

Fourth degree arson

Answer 6

Recklessly damaging building or motor vehicle by intentionally starting fire or causing an explosion.
Affirmative defense is defendant has sole possessory or proprietary interest in property.

Question 7

First degree burglary

Answer 7

Burglary of DWELLING or motor vehicle with aggravating factors:
Defendant injured nonparticipant or defendant was armed.
If display of firearm is part of charge, defendant has affirmative defense.
Show instrument was NOT a weapon or weapon was NOT loaded.

Question 8

Second degree buglary

Answer 8

Knowingly entering or remaining unlawfully in building with intent to commit a crime therein and building is a dwelling or defendant injured nonparticipant or defendant was armed.

Question 9

Third degree burglary

Answer 9

Knowingly entering or remaining unlawfully in building with intent to commit a crime therein.

Question 10

Burglary

Answer 10

Includes remaining unlawfully as well as entering (unlike common law).
Breaking is breaking and entering.
Intent to commit ANY crime, NOT limited to a felony commission.
Building is NOT required to be a dwelling.
NOT required to be committed at night.

Question 11

Criminal Tampering

Answer 11

Without reasonable belief in the right to do so, person tampers with another’s property with intent to cause substantial inconvenience or regardless of intent, tampers with property of utility company.

Question 12

First degree criminal mischiel

Answer 12

Intentional damage of another’s property by means of explosion

Question 13

Second degree criminal mischief

Answer 13

Intentional damage of another’s property exceeding 1500 dollars

Question 14

Third degree criminal mischief

Answer 14

Intentional damage exceeding 250 dollars of another’s property OR breaking into motor vehicle with intent to steal property and MUST have three or more previous convictions of criminal mischief in past ten years.

Question 15

Fourth degree criminal mischief

Answer 15

INTENTIONAL damage of another’s property.
RECKLESS damage exceeding 250 dollars of another’s property.
Participation in destruction of abandoned building OR
Intentional disabling of phone while it’s being used to call for help.

Question 16

Malicious mischief

Answer 16

Criminal mischief when without reasonable belief in right to do such, RECKLESSLY or INTENTIONALLY damages property of another.
Property of another includes property jointly owned by one plus another.

Question 17

Limitation on offeror’s power to revoke options

Answer 17

By statute, if offer in writing signed by offeror, and states offer is irrevocable, offer is IRREVOCABLE during time stated or for reasonable time, even if offer NOT supported by consideration.

Question 18

Part performance

True unilateral contract offer

Answer 18

Offer can be revoked UNTIL performance is COMPLETE.

Question 19

Silence as acceptance

Answer 19

Unsolicited goods are Unconditional gifts

Question 20

Method of acceptance

Answer 20

Absent indication to contrary, offeror authorizes acceptance only by means of communication used to communicate offer

Question 21

Past consideration

Moral consideration

Answer 21

Past consideration is binding if promise in writing , past consideration expressly stated, past consideration can be proved and writing signed by promisor.

Question 22

Promissory estoppel

Damages

Answer 22

Prevailing on promissory estoppel claim entitles the party to out of pocket expenses or reliance damages rather than expectation damages

Question 23

Fraudulent misrepresentation

Fraudulent inducement

Answer 23

In addition to avoiding contract, party who fraudulently induced into making contract may bring action for damages.
Fraudulent inducement elements are false misrepresentation of material fact, known by utterer to be false, made with intention of inducing reliance and forbearance from further inquiry, that is justifiably relied upon and results in damages.

Question 24

Infant

Answer 24

Infant or Minor is different ages for different areas of law.
In contracts under eighteen is an infant.
Minor emancipated by marriage or consent of parents DOES NOT remove incapacity of infancy for contracts.

Question 25

Disaffirmance

Statutory exceptions

Answer 25

Infants CANNOT dissafirm
1. Life insurance contracts by fourteen and a half year olds and above
2. Educational loans by sixteen year olds and above
3. Contracts by eighteen year olds and above
Realty contract related to marital home
Judicially approved contracts involving artistic or athletic services