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15 Cards in this Set
- Front
- Back
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Contract, intro
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To find that x breached, the court will first have to find that there was a valid K bw the parties.
A valid contract requires an offer, an acceptance and consideration Consideration requires that there be a bargained for exchange between the parties which constitutes a benefit to the promisor or a detriment to the promisee |
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Contracts, cause of action
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In order to state a cause of action for breach of K, the non-breaching party must show that the other party breached a material termo of the K. A material breach is one that prevents the nonbreaching party from receiving the substantial benefit of her bargain.
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Valid cause of action
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Under the CPLR a P states a valid coa if, on its face, the P's complaint states any valid grounds for relief under the substantive law; the standard is liberal.
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PR, intro
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Attorneys in NY are bound by the code of professional responsibility
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Contracts, SoF
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Under NY law, the SoF requires certain K's to be in writing in order to be enforceable.
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PR, conflicts
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Under the NY Code of Professional Responsibility, a lawyer must not enter into a relationship where there is a potential conflict of interest that is likely to adversley affect his ability to exercise independent and professional judgment
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Wills, elective shares
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Under the EPTL, the elective share exists to protect a surviving spouse against disinheritance, by giving the spouse an entitlement to a minimum share of the decedent's estate. When a spouse is provided for minimally in the will, the spouse has the choice of taking the elective share. The amount of the elective share is the greater of $50,000 or one-third of the net estate.
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Evidence, intro
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In general, to be admissible, evidence must be relevant, that is, it must tend to prove or disprove a material issue.
However, relevant evidence is not always admissible. The courts have broad discretion to exclude relevant evidence if its probative value is substantially outweighed by its prejudicial effect. |
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Crim, accomplice
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In NY, an accomplice is liable for all of the foreseeable acts of all "parties to the crime" An accomplice is one who aids, abets, or encourages another to commit a crime with the intent to encourage the commission of that crime. Accomplices may be hled liable for the substantive offenses of the person whose acts constituted the crime itself
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Property, recording statute
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Under NY law, priority in real estate interests is determined based on the race-notice statute. In a race-notice jurisdiction, one who gives valuable consideration and has no actual notice of a prior instrument will prevail over another provided that he records before the prior grantee
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Partnership, creation
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There are no formalities needed to create a general partnership. A partnership exists when two or more popel operate a business as co-owners for profit.
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Contracts, PER
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The PER bars the admission of any testimony of contemporaneous or prior oral statements to a written contract that is offered to establish terms inconsistent with that contract. A fully integrated written K is one that is intended by the parties as a final expression of that contract and emodies all the terms of the agreement.
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Agency, agent binding principal
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IN general, an agent can bind a principal provided that such a relationship exists and there is authority for the agent to act on behalf of the principal.
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Preliminary injunction
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Is a form of equitable relief which is used to preserve the status quo until the underlying judicial proceeding is completed
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Torts, RPP
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There is a general duty of care imposed on every person to act in such a way as to prevent foreseeable harm to others, The standard of care is that of the reasonable person and thus is an objective standard.
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