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40 Cards in this Set

  • Front
  • Back
Defenses to Contract Formation
MAMUSIC
Misrepresentation
Ambiguity in Terms
Mistake of Fact
Unconscionability
Statute of Frauds
Illegality
Capacity
Goods over $500 exceptions for a writing
SWAP
1) Special manu + substantial Beg
2) Written Confirmatory memo by - Merchant
+ conf memo + 10 day rule.
3) Admissions in pleadings/court
4) Payment of Goods/Delivery
(performance)
Contract Excuse Defenses
LOANS
L – Later Unforeseen Event
Impossibility, Impracticability, Frustration of Purpose
O – Other party’s breach
A – Anticipatory Repudiation
N – Non-Occurrence of Express
Condition unless Waiver, Estoppel or Hindrance
S – Secondary K
Rescission
Accord & Satisfaction
Modification
Novation
Specific Performance
“Conviser is a Mother Fucking Douchebag”
Contract is Valid (certainty) & Conditions are satisfied
Inadequate Legal Remedy
Mutuality of Obligation
Feasibility of SP decree
Defenses
Equal Protection Attack
Classification?
Facially Discriminatory/Facially Neutral
Level of Scrutiny?
Apply the Test
Permanent Injunction
“I Put Five Bucks Down”
Inadequate Legal Remedies
Property Right is involved/Protectable Interest
Feasibility of Enforcement
Balancing of Hardships
Defenses
Intentional Misrepresentation
“My fucking ignorance creates real dangers”
Material Fact
Falsity (Scienter)
Intent
Causation
Reliance (Justifiable)
Damages
Strict Liability
Absolute Duty to make safe
Dangerous aspect is Cause
Damages
(ADA, Animals)
SPL
Duty owed by commercial supplier
Defective product
Defective when left D’s control
Forseeable use
Actual & proximate cause
Damages
Defamation
Defamatory Language
Of and Concerning P
Publication
Damage to P’s rep – libel & slander per se
Falsity & Fault in Con cases
Matter of public concern – falsity is part of PF case
ublic Figure – must show actual malice. Private figure – negligence
First Amendment
“Fuck Conlaw Every Single Time”
Facial Challenge
Content Based/Content Neutral
Exceptions to Content Based
Symbolic
Time Place Manner
Creation of Eastment
PING
Prescription
Implicaon
Necessity
Grant
Termination of Easement
ENDCRAMP
Estoppel
Necessity Ends
Destruction of servient land
Condemnation (eminent Domain)
Release
Abandonment
Merger
Prescription
Constructive Eviction
SING
Serious Interference
Notice
Goodbye
Negative Easements
LASSS
Light
Air
Support
Stream Water from art flow
Scenic View (CA only)
Landlords can breach these
Covenant of Quiet Use and Enjoyment (constructive eviction)
Implied warranty of habitability
T's options with Implied Warranty of Habitability
Move out (terminate lease)
Repair and Deduct
Pay only rent for FMV
Pay rent and sue
Covenants of title in a General Warranty Deed
"People are really stupid for wanting further education"
Present (Against Encumberances, Right to Convey, Seisin) Future (Warranty, Further Assurances, Enjoyment (Quiet)
Fixtures analysis
do they atTACH
Trade Fixtures
Attachment
Custom
Harm to premises if removed
Tort Liability for Landlords at CL
Caveat Emptor unless CLAPS
Common Areas
Latent Defects
Assumption of repairs
Public Use
Short term lease of furnished dwelling
Wills Attack
William Clinton Rarely preaches immorality
Will Formation
Components of the Wil
Revocation/Revival
Problems w/ Devises
Intestacy
With any writing outside a will bring:
Acts of Indepedant Signifcance
Incorporation by Reference
California sep writing for pers property
Codicil
Undue Influence
3 theories
CL - Susceptability + Opp + Participation + Unnatural Result
Presumption - Confidential Relationship + Active Participation + Unnatural Result
California Presumption (see another flash card)
California Stautory Presumption of Undue Influence
Drafter of instrument unless relative
Person in fiduciary relationship
Care custodian w/ in 90 days
Employees and cohabitants of the above
3rd degree relatives of the above
Partners/shareholders of law firm of first two
PR Attack in General
“Clients love fierce counsel, Courts feel differently, Courts and Lawyers Talk profusely.”
Duties to Clients
Confidentiality (A/C priv too), Loyalty, Financial, Competence & common sense
Duties to Others
Candor, Fairness, Dignity and Decorum
Duty of Candor
To public when advertising, to court to state law and facts truthfully
Fairness
To the other party - Indvertent disclosures, use of press to taint jury pool,

Prosecutors - must have PC
Dignity & Decorum
No improper influence in court
No abusive conduct
Duty to exidite case
Duty to profession to avoid unauthorized practice of law, to supervise and to police misconduct.
Who you owe other duties to
Court, Adversaries, Lawyers, Third Parties, Public
Business TXs between Lawyer and Client
First Discuss Over Coffee
Fair Terms
Disclosed in ambiguous writng
Opportunity for independent counsel
Consent, written, by client
10b actions
JDs can play real lawyers
Jurisdiction
Deception (affirmative or duty w/ omiission)
Scienter
Connection with buy/sell of stocks
Private Action requires Reliance + Loss Causation
10b misappropriation theory
Insider Trading, Tipper, Tipee - Confidential realtionships and Family members unless they have no reason to know of confidential nature.
16(b)
Really Big Bad Profits
Reporting company or one that has 500 SH and 10 mil in assets
Big Wig D
Buy/Sell or Sell/Buy in less than 6 months
Profits - Disgorge
Sarbanes Oxley
Reporting Company
False statement filed or trading during blackout
fines and jailtime
Loss of incentive pay (12 months after)
Loss of profits (12 months after)
Community Property Attack
Source, Actions, Presumptions, Disposition
Anti-Lucas Reimbursement
When SP is used to improve CP - for DIP
Downpayment, Improvments, Principal payments
Commingled Bank Accounts
FED
Family Expenes are always CP
Exhaustion method
Direct Tracing (quick in out)
SP owned businesses where value increases
Periera - Personal value increases - so pay interest on the separate property owned when marriage occured, the rest is CP

Van Camp (valuable company) CP is presumed from labor & any community expenses are presumed - then the rest is SP.