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Question 1

Torts vs Contract

Answer 1

Both have four parts and provide a cause of action.

Contract is a consensual relationship; tort is not consensual.

Tort involves personal injury.

Contractual relationships — damages are more precise and usually lower than torts

Question 2

Tort/Contract Equation

Answer 2

Duty + Breach = Negligence

Question 3

2 components for Causation

Answer 3

But/For Causation (cause in fact)

Proximate cause- scope of cause must have proximity (legal cause)

Question 4

Defenses to Tort

Answer 4

Assumption of Risk

Contributory Negligence

Question 5

Application of Fault

Answer 5

Comparative Fault

Question 6

Tortious Wrongful interference with contractual relationship

Answer 6

Valid contract

3rd party must know about contract (intent)

3rd party must entice person to break contract

Question 7

Statute of Frauds

Answer 7

preventive measures, must be in writing and signed by parties unless the contract is fully executed

Question 8

Ways to discharge a contract

Answer 8

Performance
Substantial Performance
Judicial Discharge
Mutual Termination

Question 9

Duty to Mitigate Damages

Answer 9

party must make reasonable measure, not extraordinary

usually plaintiff who must mitigate

Question 10

Anticipatory Repudiatin

Answer 10

if the other party has communicated they intend to breach, you can begin to seek alternatives

Question 11

State Courts can hear what cases

Answer 11

Any cases since general SMJ

Question 12

Federal Judges

Answer 12

appointed by president with advice/consent of senate (impartiality)

Question 13

Can a state interpret and use the federal constitution?

Answer 13

Yes because they have general subject matter jurisdiction

Question 14

Elements of Lawsuit (5 Boxes)

Answer 14

Cause of action
Right of Action
Subject Matter Jurisdiction
Jurisdiction over the person/parties
Venue

Question 15

Appellate Court consists of

Answer 15

3 judge panel or “en banc”

Question 16

5th Circuit Court of Appeals in New Orleans

Answer 16

handles all cases in TX, LA, and MS

Question 17

Location of US Supreme Court

Answer 17

Washington, D.C.

Question 18

Federal Court have exclusive jurisdiction over…

Answer 18

Bankruptcy
Federal Income taxes
Maritime/Admiralty

Question 19

Requirements for Contract

Answer 19

Agreement
Capacity Consideration
Legality

Question 20

Quasi-Contract

Answer 20

Quasi Contract — Implied in Law (not a real contract)

Detrimental Reliance

Unjust Enrichment

Question 21

Constructive Receipt

Answer 21

The doctrine of constructive receipt stipulates that a taxpayer is subject to tax on an item of income when they have an unrestricted right to determine when that income will be paid, even if the actual funds have not yet been physically received. In other words, it focuses on the control or ability to utilize the money, regardless of whether it is immediately available in hand.

Question 22

Capacity vs Legality in summary

Answer 22

if the issue is capacity, contract is VOIDABLE.

If the issue is legality, contract is VOID (unenforceable).

Question 23

Unconscionability

Answer 23

Procedural — language is hidden (legalese), or really small font (should be at least 5-pt font size)

Substantive — See text summary, and other instances of Against Public Policy Situations!

Question 24

Unilateral or Bilateral Mistake of Value

Answer 24

normally cannot be rescinded

Question 25

Statute of Fraud vs Parol Evidence Rule

Answer 25

Parol Evidence Rule — if contract is in writing, no oral evidence will be considered; judicial efficiency and effectiveness

Statute of Frauds — the law requires the confract to be in writing

Question 26

Most contracts subject to Statute of Frauds are

Answer 26

also subject to PER, except executed contracts!

Question 27

Exceptions to Parol Evidence Rule

Answer 27

1. Verbal testimony is allowed to cover ambiguities in the written contract
2. Verbal modifications to agreement (after signed) — subsequent modification

Question 28

Types of Remedies

Answer 28

1. Monetary Damages: Compensatory, Consequential, Liquidated, Nominal, and Punitive.
2. Equitable Relief: Rescind Contract, Specific Performance, and Injunction.

Question 29

Negligence Per Se

Answer 29

Breach of a Statute