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55 Cards in this Set

  • Front
  • Back

Wrongfully possessing or using the personal property of another without permission (usually in conjunction with trespass to personal property)

Conversion


- The civil side of crimes related to theft

Occurs when economically harmful falsehoods are made about another's product or property (defamation of a thing)

Disparagement of Property


- Means to lower in rank or reputation, degrade


- Plaintiff must prove that the improper publication caused a third party to refrain from dealing with the plaintiff and that it caused economic damages (lost profits)

Publication of a statement that denies or casts doubt on another's legal ownership of any property.

Slander of Title


- Normally a claim involving real estate in which one entity falsely claims to own another entity's property.

Occurs when someone suffers injury because of another person's failure to live up to a required duty of care.

Negligence


- To win negligence claim, plaintiff must prove duty, breach, causation, and injury and damages.


- Four elements of Negligence

Must prove tortfeasor owed a duty of care to the injured, can be an act or an omission

Duty

Must prove tortfeasor breached the duty of care to the injured, measured by reasonable person standard.

Breach

Must prove the breach of the duty by tortfeasor caused by plaintiff's injury.

Causation

Injury would not have occurred without tortfeasor's act or omission

Causation of fact

connection between an act or omission and the injury is strong enough to justify imposing liability on tortfeasor.

Proximate Cause

test for determining proximate cause, if victim of a harm or consequences of a hard are unforeseeable.

Forseeablility


- Palsgraf v. Long Island Railroad Company

Must prove tortfeasor suffered a legally recognizable injury.

Injury and Damages

An unforeseeable intervening event which breaks the connection between a wrongful act and an injury to another.

Superseding Cause

Injured party's negligence limits or prohibits recovery of damages.

Contributory and Comparative Negligence


- Pure form of comparative negligence


- 50% rule of comparative negligence

Plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover.

Assumption of Risk

Prevents person who is aided voluntarily by another person from suing the Good samaritan for negligence.

Good Samaritan Statutes


- Ex.) Medical professional voluntarily assist injured people in emergency situations

State statutes which impose liability on bar owners for injuries caused by a person who was too messed up after served by the bartender.

Dram Shop Acts


- Some states the liability extends to party hosts


- Ingalls/conlin v. Vail


-- High avalanche, upper access to run was closed but lower trail gate was open. 13 year old hiked up/onto run from the lower gate and died in the avalanche

Liabilityimposed regardless of fault andupon those engaged in abnormally dangerous activities, on persons whokeep dangerous animals, and on manufacturers or sellers which introducecommerce defective and unreasonably dangerous goods.

Strict Liability

An agreement containing obligations enforceable by law.

Contract


- Doesn't have to be in writing to be enforceable (verbal Agreement)

As a general rule, the law recognizes everyone's ability to enter freely into contractual agreements (regarded as fundamental public policy)

Freedom of Contract

Contract that is so one-sided as to be unfair, entered into when one party is aware that the other obviously didn't understand the contract terms.

Unconscionable Contract

Elements of a Contract



1. Agreement


2. Consideration


3. Capacity


4. Legality

Elements of a Contract




Offer and acceptance

Agreement

Elements of a Contract




Something of value received or promised to convince a person to make a deal.

Consideration

Elements of a Contract


Both parties must be competent (having ability, knowledge to do something successfully)

Capacity

Elements of a Contract




Purpose must be to accomplish a goal that is legal and not against public policy

Legality

Involves a promise given in exchange for a promise from another party. ("Promise for a Promise", no performance needs to take place.

Bilateral Contracts

Results when an offer can be accepted only by the offeree's performance ("Promise for an act"), contract formed when promises are performed.

Unilateral Contract

Agreement that requires a special form or method of creation (formation) to be enforceable (requires some type of form to be enforced)

Formal Contract


- Negotiable Instruments: Checks, Drafts, notes, and certificates of deposits

Agreement does not require a specific form ormethod of creation to be valid (based on substance rather than form)

Informal Contract

Agreement with explicitly stated terms and conditions put into words

Express Contract

Agreement is implied by the conduct of the parties; typically enforced by a court when someone claims a contract actually existed

Implied Contract

Acontract that has been fully performed by both parties.

Executed Contract

a contract that has not been fully performed by both parties

Executory Contract

A valid contract that can be avoided at the option of one or both of the parties.

Voidable Contract


- Party who has option to void can elect to either 1.) Avoid any duty to perform or 2.) Ratify (make valid) the contract

A valid contract that cannot be enforced because of certain legal defenses against it (Contracts that are verbal that need to be written)

Unenforceable Contract

Anobligation or contract imposed by law in the absence of an agreement in orderto prevent the unjust enrichment (individuals shouldn’t be allowed to profit atexpense of another) of one party

Quasi Contract

Extentof compensation owed under a quasi contract

Quantum Meruit


- Seawest Services Association v. Copenhaver

Plaintiff owned water distribution system that served homes both inside and outside a housing development, defendant bought home outside development in 2001 and paid water bills for eight years, dispute arose between parties and defendants refused to pay bill, court ruled defendants liable for break of quasi contract because they would have “unjustly enriched if they could retains benefits provided by plaintiff without paying for them”

Seawest Services Association v. Copenhaver

Interpretation of Contracts



· When language of a contract is clear, a courtwill enforce contract according to its obvious terms without consideringanything else

Plain Meaning Rule

Interpretation of Contracts




A promise or commitment to perform or refrain from performing some specific act in the future. 3 elements: 1. Intention, 2. Definiteness, 3. Communication

Offer

3 elements of an Offer




Must be a serious, objective intention by the offeror.

Intention

3 Elements of an offer




Terms of offer must be certain, definite, so that parties and court can ascertain the terms.

Definiteness

3 Elements of an Offer




Offer must be communicated to offeree

Communication

Interpretation of Contracts




Withdrawal of an offer by the offeror

Revocation

Interpretation of Contracts




A rejection of the original offer and the simultaneous making of a new offer

Counteroffer

Interpretation of Contracts




A contract under which the offeror cannot revoke the offer for an agreed upon time period because the offeree has given consideration for the offer to remain open

Option Contract

Interpretation of Contracts




Offeree's acceptance of the offer must match the offeror's offer exactly

Mirror Image Rule

Interpretation of Contracts




Common law rule that acceptance takes effect at the time the offeree sends or delivers the acceptance via communication mode expressly or impliedly authorized by the offeror

Mailbox Rule

Interpretation of Contracts




An agreement that arises when an online buyer clicks "I agree" or otherwise indicates asset to be bound by the terms of the offer.

Click-On Agreement

Interpretation of Contracts




Terms or conditions of use presented when an online buyer doesn't have to agree before installing or using the product

Browse Wrap Terms

Interpretation of Contracts




Agreement whose terms are included inside a box in which goods are packaged

Shrink Wrap Agreement

Consideration broken down into two parts:

1. Something of Legally sufficient value must be given in exchange for the promise


2. There must be a bargained-for Exchange



Something of value in the eyes of the law; may consist of 3 things.

Legally Sufficient Value


- Promise to do something that you otherwise have no prior legal duty to do


- Performance of an action that youa re otherwise not obligated to undertake


- Forbearance



refraining from an action that you have a legal right to undertake.

Forbearance

The basis for a bargain struck between or among the contracting parties

Bargained-For Exchange


- Distinguishes contracts from gifts