Updated Midterm Terms

Question 1

Elements of Negligence Claim

Answer 1

Duty of Care
Breach of Duty
Causation
Damages

Question 2

Strict Liability

Answer 2

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

Question 3

Licensee

Answer 3

person with permission to be on the owner’s property for non-commercial purposes

Question 4

Breach of Duty

Answer 4

failing to behave a way a reasonable person would

Question 4

Invitee

Answer 4

commercial reasons

Question 5

Factual Cause

Answer 5

defendants breach led to the harm

Question 6

Proximate Clause

Answer 6

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.

Question 7

Res Ipsa Loquitur

Answer 7

the thing speaks for itself

Question 8

Ultra hazardous Activity

Answer 8

Strict Liability Applies

1. Factual Causation
2. Damages
3. Foreseeability of Harm

NO LACK OF REASONABLE CARE

Question 8

Lack of Reasonable Care

Answer 8

failure to act with a level of caution

Question 9

Publication of Defamation

Answer 9

communicated the statement to at least one other person

Question 10

Offering services as a professional

Answer 10

does not make it a matter of public concern

Question 10

Publishing a statement about a private business on the interent

Answer 10

DOES NOT make it public concern

Question 11

If a matter of public concern it must

Answer 11

be an assertion of fact

Question 12

Meeting of the Minds

Answer 12

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.

Question 12

UCC goods vs. services

Answer 12

The court will apply the UCC if the primary purpose of the contract was the sale of goods.

Question 13

Quantum Merit

Answer 13

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

Question 14

Consideration for a Contract

Answer 14

value exchange between parties

NO $$$

Question 14

3 things that need to be written

Answer 14

land
not fully performed within a year
exceeding $500

Question 15

Even if it is less than $500

Answer 15

it can be supported by consideration since there is AN EXCHANGE OF VALUE

Question 16

Contact dates and deadline are

Answer 16

not always strictly enforceable unless the contract explicitly states that “time is of the essence.”

Question 17

Severability Provision

Answer 17

asks the court to simply delete the offending clause and enforce the rest of the contract

Question 18

Integration provision

Answer 18

considered the final and complete agreement between the parties

Question 19

Modification Clause/Amendment Clause

Answer 19

allow for changes to be made

Question 19

UCC and Contracts

Answer 19

the offeree does not need to match the offeror’s exact details of the contract

Question 19

Donee Beneficiary

Answer 19

able to enforce cause it involves you yet you were not negioatating the contract

Question 20

Incidental

Answer 20

indirectly

Question 20

Creditor

Answer 20

owe a debt

Question 21

Personal Skills of Legal Representation

Answer 21

cannot delegate

Question 22

Real Estate and Services

Answer 22

Not UCC

Question 23

oral modifications

Answer 23

can exist

Question 24

UCC over 500

Answer 24

MUST be in writing

Question 25

Warranties under the UCC

Answer 25

both can coexist together