Blaw Exam Torts & Contracts

Front 1

Actual cause.

Back 1

The plaintiff must prove that he would have not been harmed if the defendant was not negligent.

Front 2

assault.

Back 2

This means all you have to do is speak it and that constitutes for assault.

Front 3

assumption of the risk.

Back 3

It means that the plaintiff knew the risk was present and understood it and then voluntarily chose to incur the risk.

Front 4

battery.

Back 4

This means that you have to physically make contact with someone and cause them harm.

Front 5

compensatory damages.

Back 5

The value of everything lost and to compensate to put you back before the accident.

Front 6

Contributory negligence.

Back 6

It means that if the plaintiff was also negligent he cannot recover any damages from the defendant.

Front 7

Res ipsa loquitor.

Back 7

Allows the plaintiff to prove breach of duty and cassation indirectly.

Front 8

Proximate cause.

Back 8

This comes after actual cause and the plaintiff has to prove that the defendant had a duty to protect him.

Front 9

vicarious liability.

Back 9

This is liability of one party when they are supposed to be responsible for a third party and is negligent in this responsibility.

Front 10

punitive damages.

Back 10

It has to be an amount high enough to punish them and to make an example out of them.

Front 11

equitable damages.

Back 11

This is when the court makes the party perform a particular act. (Ex. making someone sell a piece of land after they backed out of a contract.)

Front 12

promissory estoppel.

Back 12

It is a promise and justifiable reliance on the promise that was foreseeable and resulted in injustice.

Front 13

parol evidence.

Back 13

This is oral evidence of prior or contemporaneous statements.

Front 14

parol evidence rule.

Back 14

If the term was stated before the signing and is not in the contract then it is excluded from the contract.

Front 15

impracticability.

Back 15

This is when performance is possible but commercially impractical.

Front 16

frustration of purpose.

Back 16

This occurs when performance is possible but changed circumstances have made the contract useless to one partye.

Front 17

consequential damages.

Back 17

This is compensation for losses that occur as a foreseeable result of the breach.

Front 18

incidental damages.

Back 18

It is the expenses and relatively minor damages that a non breaching party incurs.

Front 19

Quantum meruit.

Back 19

It is a reasonable sum of money to be paid for work done when the amount due is not stated in a legally enforceable contract.

Front 20

reliance damages.

Back 20

This is compensatory damages based on the justifiable reliance of the non breaching party.

Front 21

impossibility.

Back 21

It is when the subject matter of the contract is destroyed. (no more potatoes)

Front 22

illusory promises.

Back 22

This is where the terms are not really definite.

Front 23

slander defamation.

Back 23

This is where the plaintiff has to actually prove harm because once it is said it goes away.

Front 24

libel defamation.

Back 24

This is a written statement with malice.

Front 25

Name three kinds of transactions voidable by the statute of frauds in not in writing.

Back 25

(1) the selling of any real property

(2) a promise to pay the debt of another person

(3) an agreement that by its terms cannot by performed within a year.

(4) promise of marriage

Front 26

Under what other laws did we look at respondent superior?

Back 26

Agency, Vicarious Liability

Front 27

Elements that cause enforceability and discharge of contractual duty.

Back 27

1) Unconscionability

2) Good faith and fair dealing

3) Fraud

4) Duress

5) Bilateral mistakes

Front 28

What is required for a judgement for strict liability. (bull and porshe)

Back 28

1) serious harm

2) ultra hazardous

3) uncommon risk

Front 29

Elements of Intentional Tort

Back 29

1) Actual or Implied Intent

2) Voluntary Act

3) Injury/Harm

4) Causation

Front 30

Elements of a Contract

Back 30

1) Agreement: Offer + Acceptance

2) Consideration

3) Legality

4) Capacity of the parties

Front 31

Elements of Negligence

Back 31

1) Duty

2) Breach

3) Causation

a. actual/factual

b. legal/proximate

4) Harm

Front 32

Elements of Fraudulent Misrepresentation

Back 32

1) Intent

2) Reliance/Act

3) Causation

4) Harm

Front 33

Elements of Tortious Interference

Back 33

1) the defendant had knowledge of the contract

2) induce breach

3) breach

4) Harm