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19 Cards in this Set
- Front
- Back
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Are admissions of fact accompanying offers to pay medical expenses admissible?
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No. Only the payment of or offer to pay medical expenses is inadmissible.
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Are admissions of fact accompanying settlement negotiations admissible?
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Yes.
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Can the buyer sue for breach of the implied warranty of marketability after the closing?
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No! After closing, the buyer is only liable for express covenants, if any, in the deed (doctrine of merger).
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If a land sale contract calls for a quitclaim deed, does that relieve the seller of liability for title defects?
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No. A quitclaim deed does not affect the warranty of marketable title.
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What must be included in a land sale contract?
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1) A writing
2) Signed by the party to be bound 3) Essential terms (parties, description of land, price) |
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What must be included in a deed?
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1) A writing
2) Signed by the grantor 3) The parties 4) Reasonable description of the land (good lead) |
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What are the various types of deeds?
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1) General warranty deed
2) Statutory special warranty deed 3) Quitclaim deed |
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What are the usual covenants included in a general warranty deed?
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1) Seisin
2) Right to convey 3) Covenant against encumbrances 4) Quiet enjoyment 5) Warranty |
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What is the covenant of seisin?
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Grantor covenants that she has the estate she purports to convey. She must have both TITLE and POSSESSION at the time of the grant.
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What is the covenant of right to convey?
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Grantor covenants that she has the authority to make the grant. TITLE alone is enough.
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What is the covenant against encumbrances?
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Grantor covenants against the existence of physical or title encumbrances.
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What is the covenant for quiet enjoyment?
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Grantor covenants that the grantee will not be disturbed in possession by a third party's LAWFUL claim of title.
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What is the covenant of warranty?
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Grantor agrees to defend against reasonable claims of title by a third party and compensate the grantee for any loss sustained by the claim of superior title.
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What is the covenant for further assurances?
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Grantor promises to perform acts reasonably necessary to perfect title conveyed.
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What covenants are generally included in the statutory special warranty deed?
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1) The grantor has not conveyed the same estate or any interest therein to anyone other than the grantee, AND
2) The estate is free from encumbrances made by the GRANTOR |
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Does a express prohibition on assignment in a lease bar subleasing?
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No! Restraints on alienation are strictly construed. A covenant prohibiting assignment does not prohibit subleasing and vice versa.
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At CL, may a corporation be held criminally liable for the acts of its employees?
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No.
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What is the rule for a private person making an arrest pursuant to a police officer's direction?
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A person acting at a police officer's direction has the same privilege as the officer to make a felony arrest if there are reasonable grounds for doing so.
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Are damages presumed for libel against a private person in a matter of public concern?
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No. Absent constitutional malice, P must show actual injury (including harm to reputation, mental anguish, personal humiliation, etc.).
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