What are the intentional torts?
Battery, assault, false imprisonment, intentional emotional distress,
trespass, conversion
What are the elements of negligence?
1. A duty to conform to a certain standard established by law.
2. a failure to meet the standard
3. a cause-and-effect relationship between that failure and the
resulting injury
4. damages resulting from the injury
What is the doctrine of negligence per se and what does it involve?
violation of a statute and can use violation of the statute as
negligence if someone in the protected class is harmed
What is the doctrine o res ipsa loquiter?
the thing speaks for itself - defendant is completely at fault/liable
What is the doctrine of attractive nuisance?
If a landowner is likely to know that children may trespass but
negligently allows an unreasonably dangerous condition to exist, the
landowner will be held liable or injury to the child.
What are contributory and comparative negligence and how do they work?
Contributory negligence: if plaintiff is found even 1% at fault, he
or she gets nothing becaused they contributed to their own harm.
Comparative negligene: compare the percentage of harm caused by
plaintiff and defendant and damages are decreased by that percentage.
What are the four types of tort damages and what is their purpose?
Compensatory (actual): to restore the tort victim to the place the
victim would have been in if the tort had not occured
Punitive: to punish the tortfeaser
Injunction: to bring a halt to a continuous tort
Nominal: a tort was technically committed, but victim suffered no loss
What is the doctrine of comparative causation and when does it apply?
the manufactorer's liabiluty may be reduced by a percentage that
represents the degree to which the plantiff's misconduct participated
in causing the injury. In products liability cases.
Consideration
an act that a party performs o promises to perform even though he or
she has no legal duty to do so or forbearance from doing an act she
has a legal right to do.
Legality
the contract must be for a legally allowable purpose
Acceptance
Recieving a thing offered or tendered by another, consenting to the
terms of a contract.
Capacity
every party in the contract has the legal capacity to enter into the contract
Offer
Communication by one party to another party that reasonably leads to
the recieving party beleings that the offering party is willing to
enter into a contract.
What is contemplated from a bilateral offer?
a promise for a promise
What is the doctrine of promissory estoppel?
a promise by a promisee should reasonably expect to cause, and doe
cause, definate and substantial reliance by the other party and
therefore does not require consideration.
What is the difference in purpose between tort compensatory damages
and contract damages?
Tort damages are compensating you for harm and to try and make you
whole; Contract damages are damages paid in accordance with the
original contract if it is not fulfilled.
Fee Simple Absolute
Absolute ownership, no conditions
Fee simple determinate
so long as property is used for the determined purpose
Fee simple subject to a condition subsequent
ownership as long as property is not used for a certain purpose
Periodic Tendency
leasing for a given period of time and automatically renews itself
unless party notifies other party it will not be renewed
Easement
Interest in land which gives one party the right to make specific use
of the land of another party.
Tenency at will
leasehold estate terminable without advanced notice by either party
Tenency or a term of years
a fixed term lease
Tenency in common
two or more persons may concurrently own a single piece of land under
which each has undivided interest in the land.
Joint Tenency
automatic passage of the interest of the deceased joint tenant to the
surviving joint tenant
Tenency by the entireties
special form of joint tenency between husband and wife
What are the requirements of the statute of frauds?
Must have a contract and it must be in writing
Under what circumstances may a tenant in common demand partition?
At any time
What is an easement appurtenant?
Implied right of way easement - right to cross someone else's land to
get to your own
What is a vender's lien?
Lien in favor of the seller of property to ensure that the seller
receives the full purchase price.
What is adverse possession and how does it work?
Doctrine under which a party who remains in open, continuous, and
adverse possession of a tract of land for a specified amount of time
acquires title to the tract of land
What is an ejectment suit?
easy simple eviction process
What is the doctrine of equitable conversion?
Doctrine under which a contract for the sale of property creates not
only a legal contractual obligation for the seller to deliver the
deed, which in turn deliver the legal title to the property
Quit Claim Deed
deed containing no warrenties; giving the grantee whatever interest
in the property, if any, that his or her grantor had at the time of
the deed.
Special Warranty Deed
Deed promising ony that the grantor is giving the grantee a good
title as the grantor orginonally recived from his or her grantor, also
promising that the grantor has done nothing to impair the title to the
property during the grantor's ownership of it.
General Warranty Deed
Deed including a promise that grantor holds good title to the
property being conveyed.
Compensatory (Actual) Damages
damages awarded to the victim of a tort, designed to place the tort
victim in the place the cictim would have been in if the tort had not occured
Punative (exemplary) damages
Compensation to the victim of a tort in sum deigned to punish the
tortfeaser and ot make an example of the tortfeaser so as to warn
others from committing such tort.
Nominal damages
damages awarded the tort victim when such victim has suffered no
loss; damages in a very small sum, such as $1.00
Statutory Damages
awarded in a civil case the amount awarded is within the statute not calculated
Expectation theory
concept in contract law that damages should place the injured party
in the position he or she would have occupied if the contract has been
fully performed
Accord and Satisfaction
method of discharging a contract through compromise between parties
disputing the contract
Novation
agreement between parties to a contract that a third party will
assume some or all of the contrctual obligations of one of the
original parties
Rescind
to discharge a contract by order of the court; the contract is
declared void and each party returns to the othr party or parties any
benefits received under the contract