Blaw2

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Protect People and Property

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Tort and Criminal laws

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the person committing the tort

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tortfeasor

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the breach of duty, owed by a person to another, other than a contract, for which the law provides a remedy

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Torts

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3 types of torts

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Intentional, Negligence, Strict liability

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no touching or bodily harm is involved or required. threat to inflect injury

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Assualt (intentional tort)

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an unlawful touching is involved

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assualt and battery

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Defenses to assualt and battery

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consent, self defense, defense of others, defense of property

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an intentional act that amounts to extreme and outrageous conduct that results in severe emotional distress to another

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intentional infliction of emotional distress

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publication of a statement that holds an individual or business up to contempt, ridicule or hatred

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character

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defenses against defamation

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truth is an absolute defense, priveleged communications

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The intentional misrepresentation of a past or present material fact, made with the intent to induce another to enter into a contract, justifiably relied upon to the victims detriment

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Fraud

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the unlawful entry onto the property of another w/o consent or privilege. actual damage is not required

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Trespass to land

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a trespasser generally assumes the risk of the condition of the premises

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general rule

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an owner must anticipate children or others trespassing because of being attracted to something on the prop. landowner must take responsible steps to keep children off the property to avoid injury

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Attractive nuisance

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an unauthorized and wrongful exercise of dominion and control over anothers property intended to be permanent.

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conversion

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when someone unlawfully harms anothers personal prop or interferes w/ the owners exclusive right to use and enjoy the property (joyride)

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trespass to personal property

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an improper activity which unreasonably interferes w/ anothers right to use and enjoy his prop

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nuisance

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negligence is inferred by law for any act that causes damage that would not have occurd w/o negligence

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res ipsa loquitor

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negligence is inferrred by law when a person violates a statue or ordinance

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negligence per se

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does not involve fault, but rateher involves liability resulting from abnormally dangerous activities, or it involves product liability

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strict liability

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land and all things permantly attacted. land, bulilding

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real property

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method of transfer of ownership (real prop)

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by a deed

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method of securing loan (real prop)

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deed of trust

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place where security instrument is recorded

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at the office of the county register of deeds

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all prop that is movable and not real prop. fridge, mower

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personal property.

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method of transfer of ownership (personal prop)

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Bill of sale

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method of securing loan (personal prop)

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financing statement and security agreement

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personal prop that possesses value, but is not visible. checks, stocks, bonds

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intangible prop

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personal prop which is visible and has a physical appearence. land, buildings, vehicles.

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tangible prop

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personal prop so closely associated with real prop to which it is attached that law views it as real prop

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fixtures

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form of co ownership of prop in which two people may have an equal undivided fractional interest in the prop

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joint tenancy

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form of co ownership of prop in which two or more poersons have equal or unequal undivided fractional interests in the prop.

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tenancy in common

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an estate for life or in fee ownership

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freehold estates

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provides a gurantee of title against most title defects

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general warranty deed

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transfers whatever interest the person may own- grantor offers no gurantee

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quitclaim deed

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requirements for a valid contract

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offer. acceptence. legal consideration. legal capacity. legal purpose. in writing

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a promise or set of promises, bargained for for which the law provides a remedy in the event of a breach

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contract

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a proposal intended to create a contract upon acceptence by the person to whom it is made

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offer

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when anoferee materially changes his position in reliance upon the offer

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promissory estoppel

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"mutual assent" to the terms of an offer - when a return promise is made

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acceptance

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a voluntary assent by a return promise which matches the offer exactly

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mirror image rule

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a promise act or forbearance bargained for and given in exchange for a promise act or forrrsdfsfsf

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legal consideration

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exchange of promises or sufficient legal value by parties

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legal benefit. legal detriment

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adults who are mentally incompetent. minors

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capacity

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contracts which violate statutes. contracts which are against public policy

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legality

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an innocent or negligent act. misrepresentation of a past or present material fact, justifably relied upon, to the detrment of another party

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misrepresentation

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remedies

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cancel the contract and go back to status quo. affirm the contract and sue for damges

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srequires both parties to a contract for being mistaken as to a past or present material fact

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mutual mistake

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statutes that provide that certain types of contracts are not enofrceable in court unless they are in writing and signed by the party to be charged

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statute of frauds

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statutes that set limitations on the amount of time that can elapse during which a lawsuit must be filed

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statute of limitations

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assignment - assignor transfers rights under a contract to a third party

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sweet

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Discharge by performance - by full and complete performance by all parties of all contractual obligations

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discharge of contracts

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discharge by substantial performance - minor deviation is allowed when not a complete is gayafgatqarf

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discharge of contracts

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a new bargain is substituted for the original, and this performance is completed

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accord and satisfaction

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legal remedies - money damages

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compensatory, consequential, liquidated

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equitable remedies

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recession and restitution.