Torts 2019

Question 1

Estoppel

Answer 1

A legal principle that bars a party from denying or alleging a certain fact owing to that party’s previous conduct, allegation, or denial.

The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud. There are two general types of estoppel: equitable and legal.

Question 2

Equitable Estoppel

Answer 2

Equitable Estoppel

, sometimes known as estoppel in pais, protects one party from being harmed by another party’s voluntary conduct. Voluntary conduct may be an action, silence, Acquiescence, or concealment of material facts.

Question 3

Legal Estoppel

Answer 3

Legal estoppel consists of estoppel by deed and estoppel by record. Under the doctrine of estoppel by deed, a party to a property deed is precluded from asserting, as against another party to the deed, any right or title in derogation of the deed, or from denying the truth of any material fact asserted in the deed.

Question 4

res ipsa loquitur

Answer 4

Legal Definition of

: a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence

Question 5

Deferential Review vs. Non Deferential

Answer 5

Standard of Review, Deference means that the courts decision will stand under review by the higher court

Question 6

desuetude

Answer 6

discontinuance from use or exercise, IE long standing statues become unenforceable like no sodomy etc

Question 7

Duty of care

Answer 7

In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.

Question 8

Comparative negligence

Answer 8

Cottone vs Rothschild Cottone is a sophisticated smart guy who shouldve known better 10.14.2019 class

Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff’s own negligence contributed to cause the injury

Question 9

Privity Test

Answer 9

KPMG vs Golf case 10.14.2019 class
A test under which a professional may be liable to any person with whom he or she is in privity or near-privity.

New Jersey’s privity statute defines a set of factual circumstances that must occur in order for an accountant to be liable to a third party, in the absence of privity. For liability to attach for negligent accounting services, the third party must be specifically known to the accountant in connection with a specific transaction,…