Updated Midterm Terms Flashcards
(33 cards)
Elements of Negligence Claim
Duty of Care
Breach of Duty
Causation
Damages
Strict Liability
Explosives and Toxic Chemicals
If casual seller, only liable if negligence applies
producer is liable - DOES NOT NEED TO BE BOUGHT FROM DEFENDANT
doesn’t matter how careful they are they are still strictly liable
Licensee
person with permission to be on the owner’s property for non-commercial purposes
Breach of Duty
failing to behave a way a reasonable person would
Invitee
commercial reasons
Factual Cause
defendants breach led to the harm
Proximate Clause
proximate cause examines whether the injury was a predictable outcome of the defendant’s actions. If the harm was too remote or unforeseeable, proximate cause may not be established, even if factual cause exists.
Res Ipsa Loquitur
the thing speaks for itself
Ultra hazardous Activity
Strict Liability Applies
- Factual Causation
- Damages
- Foreseeability of Harm
NO LACK OF REASONABLE CARE
Lack of Reasonable Care
failure to act with a level of caution
Publication of Defamation
communicated the statement to at least one other person
Offering services as a professional
does not make it a matter of public concern
Publishing a statement about a private business on the interent
DOES NOT make it public concern
If a matter of public concern it must
be an assertion of fact
Meeting of the Minds
without condition
there must be a clear offer and an unconditional acceptance of that offer. This mutual assent forms the basis of a binding agreement. It does not require a written contract, nor does it require the parties to perform the contract terms immediately.
UCC goods vs. services
The court will apply the UCC if the primary purpose of the contract was the sale of goods.
Quantum Merit
The key elements are that the plaintiff conferred a benefit on the defendant and that it would be unjust enrichment for the defendant to retain the benefit without compensating the plaintiff.
as much as he deserves
FAIR MARKET VALUE
Consideration for a Contract
value exchange between parties
NO $$$
3 things that need to be written
land
not fully performed within a year
exceeding $500
Even if it is less than $500
it can be supported by consideration since there is AN EXCHANGE OF VALUE
Contact dates and deadline are
not always strictly enforceable unless the contract explicitly states that “time is of the essence.”
Severability Provision
asks the court to simply delete the offending clause and enforce the rest of the contract
Integration provision
considered the final and complete agreement between the parties
Modification Clause/Amendment Clause
allow for changes to be made
