Contracts 1L

Front 1

UCC 2.207(1)

Back 1

A definite and seasonable expression of acceptance - operates as an acceptance - even though it states terms additional to or different from those offers unless acceptance is expressly made conditional on assent to the different terms.

Front 2

if A enters Blackacre at a time such that O has a running cause of action against him when he conveyed Blackacre to B for life with remainder to C, what happens?

Back 2

B and C have a cause of action against A passing to them from O at the time of his conveyance.

Front 3

Does a disability ever shorten the time of possession to acquire a title by adverse possession?

Back 3

No. it can only extend the time required by the statute.

Front 4

when does the statutory period on adverse possession begin to run?

Back 4

when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely

Front 5

does tacking occur for those entitled to bring a cause of action against an adverse possessor who are in privity of each other?

Back 5

yes.

Front 6

what do most states do when a person with a cause of action is under a disability at the time the cause of action against the adverse possessor accrues?

Back 6

extend the time to bring the cause of action to some period beyond the removal of the disability

Front 7

if occupants are in privity of one another, the period within which a cause of action can be brought by one person is ...

Back 7

tacked to the period the cause of action can be brought by another

Front 8

when does the statutory period on adverse possession begin to run?

Back 8

when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely

Front 9

when does privity exist?

Back 9

when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission

Front 10

if two adverse possessors of one property are in privity of one another, what can happen?

Back 10

the period of adverse possession by the first can be tacked on to the other's period of adverse possession

Front 11

how does the prior possessor relate to the new title acquired by the adverse possessor?

Back 11

the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period

Front 12

if two adverse possessors of one property are in privity of one another, what can happen?

Back 12

the period of adverse possession by the first can be tacked on to the other's period of adverse possession

Front 13

when does privity exist?

Back 13

when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission

Front 14

is parol transfer sufficient for tacking periods of constructive adverse possession where color of title is required?

Back 14

no.

Front 15

what do most states do when a person with a cause of action is under a disability at the time the cause of action against the adverse possessor accrues?

Back 15

extend the time to bring the cause of action to some period beyond the removal of the disability

disabilities normally include: minority, legal incompetence, and imprisonment

Front 16

when does the statutory period on adverse possession begin to run?

Back 16

when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely

Front 17

when does privity exist?

Back 17

when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission

Front 18

if occupants are in privity of one another, the period within which a cause of action can be brought by one person is ...

Back 18

tacked to the period the cause of action can be brought by another

Front 19

what type of title is acquired by adverse possession?

Back 19

an original title

Front 20

does tacking occur for those entitled to bring a cause of action against an adverse possessor who are in privity of each other?

Back 20

yes.

Front 21

how does the prior possessor relate to the new title acquired by the adverse possessor?

Back 21

the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period

Front 22

if two adverse possessors of one property are in privity of one another, what can happen?

Back 22

the period of adverse possession by the first can be tacked on to the other's period of adverse possession

Front 23

what type of title is acquired by adverse possession?

Back 23

an original title

Front 24

how does the prior possessor relate to the new title acquired by the adverse possessor?

Back 24

the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period

Front 25

what type of title is acquired by adverse possession?

Back 25

an original title

Front 26

majority views that possession under a mistaken belief that one is the owner of the land can be ____

Back 26

adverse

Front 27

whether or not the 5 elements of adverse possession exist is a question of ____

Back 27

fact

Front 28

burden of proof to establish adverse possession is on the ___

Back 28

adverse possessor

Front 29

what is the quality of a title acquired by adverse possession?

Back 29

the same as that of a title acquired by deed, will, or intestate succession

good against the whole world

Front 30

is parol transfer sufficient for tacking periods of constructive adverse possession where color of title is required?

Back 30

no.

Front 31

can an adverse possessor acquire a larger estate or interest than which was claimed throughout the entire period of adverse possession?

Back 31

no

Front 32

if an adverse possessor claims a life estate, she can mature the title to

Back 32

only a life estate

Front 33

the adverse possessor can acquire no greater title than >>

Back 33

the person who had the cause of action had during the period of possession

Front 34

for adverse possession to prevail, must the possessor need to act in good faith?

Back 34

generally, no.

Front 35

for adverse possession to prevail, must the possessor need to act in good faith?

Back 35

generally, no.

Front 36

first rule of construction is to give effect to the parties' _____

Back 36

intent.

Front 37

O, owner in fee simple, conveys Blackacre to "B and his heirs but if B marries X, then to C and his heirs."

Interests? Characteristics?

Back 37

C has a shifting executory interest

future interest that in order to become possessory must, upon the occurrence of non-occurrence of an event, divest a present interest of another transferee (B) or a vested interest of another transferee.

^ B has a present interet in fee which is divested upon the happening of B marrying X

Front 38

if an instrument contains two clauses which are contradictory, which governs?

Back 38

the first clause.

Front 39

"four corners doctrine"

Back 39

everything within the 4 corners of an instrument (will, etc) should be considered in determining the intended conveyances of parties

Front 40

if a deed has a provision directing that a transferee cannot dispose of the property, what is inferred?

Back 40

it is void as a disabling restraint on alienation

Front 41

what are the two estates in fee simple?

Back 41

fee simple absolute and fee simple defeasible

Front 42

if a deed has a provision directing that a transferee cannot dispose of the property, what is inferred?

Back 42

it is void as a disabling restraint on alienation

Front 43

what are the estates in fee simple defeasible?

Back 43

fee simple determinable
fee simple subject to condition subsequent
fee simple subject to springing executory interest
fee simple subject to shifting executory interest

Front 44

in an instrument that contains two opposing clauses, which one reigns?

Back 44

the first one