BLAW Final Combined

A director is not an___ of the corporation merely by being a directory

agent

Officers are __ of the corporation

agents

Chapter 7 bankruptcy

have to return car or house to creditor

Quantum meruit

"as much as he has deserved" awared in an amount reasonable to compensate a person who has provided services in a quasi-contractual relationship

Impossibility defense to nonperformance of a contract

"it cannot be done by anyone"

Mogilevsky v. Rubicon Technology, Inc Two ways a trade fixture differs from a permanent fixture

(1) it must be personal property of the tenant; and (2) it is affixed to the realty for purposes of carrying on the tenant's business. A trade fixture is the tenants property and may be removed by the tenant if the removal does not damage the real estate.

4 elements of promissory estoppel

1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3) [the] reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance.

For negligence, a plaintiff must show that

1) defendant owed plaintiff an existing duty of care; (2) defendant breached that duty; (3) defendant's breach was the legal cause of the plaintiff's injuries; and (4) damages.

Respondeat superior

...circumstances when an employer is liable for acts of employees performed within the course of their employment

4 elements set in 5th amendment of Eminent Domain

1 PRIVATE PROPERTY 2 must be TAKEN 3 for PUBLIC USE 4 and with JUST COMPENSATION

7 questions a judge must answer in a breach of contract case

1. Did a contract exist? 2. If so, what did the contract require of each of the parties? 3. Was the contract modified at any point? 4. Did the claimed breach of contract occur? 5. If so, was the breach material to the contract? 6. Does the breaching party have a legal defense to enforcement of the contract? 7. What damages were caused by the breach?

4 questions for the parties in a BREACH OF CONTRACT CASE

1. Was there an agreement? 2. What did each party commit to do? 3. Did either party - or both - fail to do what he or she promised? 4. If yes, how do you measure the cost to the nonbreaching party?

3 elements of promissory estoppel

1. clear and definite promise 2. proof that promisee acted in reasonable reliance on the promise 3) injustice can only be avoided if court enforces the promise

Residential tenants have a nonwaiable right to a

3 day notice

Tenant fails rent. To evict on this ground, the landlord must first serve the tenant with a

3-day notice to pay or quit.

A residential tenant who has resided on the premises for less than 1 year or any commercial tenant is entitled to a

30 day notice

What is a reasonable period of time for this__-

30 days

a residential tenant who has resided on the premises for 1 year or more is entitled to a

60 day notice

Defendants bankruptcies Must see when they filed bankruptcy*****

A landlord may not prosecute a UD action against a tenant who has filed a bankruptcy petition However, a tenant may not wait to file a bankruptcy petition until the landlord has obtained a judgment and writ of possession on the UD action If they filed for bankruptcy before you started eviction procedures then they are chilling

Unilateral contract

A promise either conditional on an act

Easement ex.

A right of use over the property of another. include the right of a property owner who has no street front to use a particular segment of a neighbor's land to gain access to the road

A person who finds ___ ____ or ____ property may or may not be the owner

Abandoned, mislaid, lost

Symons v. Heaton

After Plachek's death in 2010 Symons filed a creditor's claim against Plachek's estate in the amount of $259,200.00 seeking compensation for the care and services he provided to Plachek.

Subsidized housing

An eviction involving government-subsidized housing has some procedural differences from regular UD actions. Of special note: Tenants in federally subsidized housing in California are entitled to at least 90 days' notice before eviction when the landlord is dropping out of the federal program, even when the property is not subject to a local rent control ordinance

Trade fixtures

An exception to the usual fixture rules are personal property attached to leased premises by a tenant for the purpose of carrying on the trade or business Trade fixtures remain tenant's personal property and may be removed at lease end

Audio Visual Artistry v. Tanzer

Appellant Homeowner (Tanner) contracted with Appellee (Audio Visual Artistry) for the installation of a "smart home" system. After [a] myriad [of] problems arose, Appellant fired Appellee, who filed the instant lawsuit to collect the unpaid balance for equipment and installation.

Mackey v. Montrym

Automatically suspend license if you refuse to take a breath test

BFP v. Resolution Trust Corporation

BFP forced to foreclose on home but weren't paid for home in reasonable price "reasonably equivalent value"\ "the value received for a property at a foreclosure sale can be reasonable even if it is different from the "fair market value." A foreclosure sale alters market conditions and can lower a property's selling price"

BFP v. Resolution trust coporation Badges of fraud

BFP forced to foreclose on home but weren't paid for home in reasonable price "reasonably equivalent value"\ "the value received for a property at a foreclosure sale can be reasonable even if it is different from the "fair market value." A foreclosure sale alters market conditions and can lower a property's selling price"

Reasonable doubt uses?

Beyond a reasonable doubt' is the standard used by a jury to determine whether a criminal defendant is guilty. In determining whether guilt has been proved beyond a reasonable doubt, the jury must begin with the presumption that the defendant is innocent. ex. Criminal law

Birchfield v. North Dakota

Birchfield rejected taking a blood test implied consent laws gives plice officers permission to test for BAC but not blood tests on suspected drunk drivers blood tests are not constitutional

Branham v. Ford motor co

Branhams child was in car of another parent driving ford car other parents took eyes off roads and steered of road Branham sued the parent and ford becasuse of handling and stability design defect

Audio Visual Artistry v. Tanzer what article, breach of what PREDOMINANCE

Breach of contract case in which they applied article 2 because it was the agreement of the sale of goods. (UCC aproach) Tanzer said trial court erred in applying UCC article 2 to his contact. said this for sales of services and not for sale of goods However the total price came out to 82% equipment costs and only small percentage of service fees Thus court favored with AVA PREDOMINANCE!!!

Grace Label, Inc. v. Kliff Parol evidence rule

Britney spears cards, were not fit for being in contact with food. they had weird odor that messed up the food Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement 4 corners of the document!!! Cannot be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement

Someone who acquires property via FRAUD ____ pass good title to a subsequent innocent purchaser

CAN

A thief who STEALS property ___ pass good title to a subsequent innocent purchaser

CANNOT

ex of puffing

Car goes from 0 to 60 in 2.9 (not puffing) This car is really fast (puffing)

Chevron USA inc v. Sheikpour main question

Chevron asked to buy and remodel sheikpours gas station Sheikhpour had to complete reconstruction by a date. He missed the deadline and was then ordering to hand over station to hevron. Sheikpour wished that he had 14 days to remove his PERSONAL PROPERTY from the state Sheikpour digged up fuel storage unites which were valued at 120,000$ What is considered a fixture

Term conversion used in ___

Civil

Torts

Civil harms ex. automobile accidents and medical malpractice looking for monetary awards

Coma Corp v. Kansas Department of labor

Corral was illegal immigrant who was working for coma corp Corral filed for unpaid wages. district court held employment contract was illegal due to status as illegal immigrant Whether an employer willfully fails to pay wages is a question of fact.

Term theft used in ___ court

Criminal courts

Assumption of Risk

Defense to negligence liability Plaintiffs voluntary consent to a known danger accepted risk of her own free will Was award of the nature and extent of the risk

Who keeps the engagement ring if the engagement is broken before we get married?

Depends If broken by mutual agreement the ring must be given back to who paid for it It engagement broken by person receiving the ring through no fault than the ring will be given back to who paid for it if engagement is broken by person who bought the ring through fault basis, the person who received the ring can keep it

deweerth v Baldinger v wildernstein & co Denying the certiorari ***** she does not get to keep the painting

Deweerth owned the monet from 1922 to 1943 ( it then disappeared) probably was stolen) was entitled to recover it from defendant-appellant marks madlinger, a citizen who purchased the painting in New York in 1957

Dodson v. Shrader

Dodson was underage and bought truck from shrader 8 months later founder out that there was burned valve in the engine. engine proceeded to blow up eventually. Sued shrader for a refund. BENEFIT RULE UNJUST ENRICHMENT

What's included in "reasonable efforts"?

Due diligence. Through reasonable diligence the π should have discovered enough facts to bring a c/a.

holding title to your home Community property

Each spouse then owns half the property, which can be passed by the spouse's will either to the surviving spouse or someone else.

Clear and convincing evidence uses?

Evidence indicating that the thing to be proved is highly probable or probably certain. This is a greater burden than preponderance of the evidence, the standard applied in most civil trials, but less than evidence beyond a reasonable doubt ex. civil harassment temporary restraining orders; fraud

Contract theorys are based on ___ or ____ warranty

Express or implied

Palsgraf v. Long island R.R. Co

Fire works case, man trips drop suitcase of fireworks which strikes women Only negligence that resulted in injury and there was no wrong done by the railroad to Palsgraf

Fitl v. Strek rejection of delivery of goods

Fitl bought valuable baseball card from strek Strek said the card was in near mint condition Fitl sent card to authenticators who rendered that the card was messed up with no value Fitl sued strek. Strek claimed that fitl should have initiated the reutn in a timely fashion (7 days to a month) even though fitl waited 2 years to get it appraised he relied on streks word and his representation as a dealer of sports cards No support that strek could have contracted person who sold him the baseball card to determine the source of the alteration

Differences in subsidized housing eviction - ex what is notice period

For nonpayment of rent by a public housing tenant, there is a 14-day notice period.

FOB

Free on Baord

Riley v California

Gain shooting, police impounder rileys car. found cell phone, found videos and text that revealed he was murderer does not justify a Search of an arrestees cell phone or smartphone warrant is necessary for such a search under fourth amendment purposes digital data cannot be used as a weapon to harm an arresting officer

_____ will subsitute for certain missing terms in a contract

Gap fillers

Garden Ridge, L.P v. Advance International, Inc background

Garden ridge purchased inventory from advance Advance set samples of the product. one sample was messed up and garden ridge let them know of the defect Garden ridge placed order but defect was still there. Garden ridge went forth to sell products and they still did amazing. Garden ridge profited same way even if defect wasnt there They still went forth to sue Advance international for breach of contract and set forth large chargebacks

Garden Ridge, L.P v. Advance International, Inc Results and legal finding

Garden ridge suffered no actual damages from Advances noncompliance (Garden ridge even admitted this) record shows this as well Garden ridge did very large, unreasonable chargebacks to advance "Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach . . . A term fixing unreasonably large liquidated damages is void as a penalty." Advance won

George v. AL Hoyt & Sons

George hired al hoyt to perform work in which a permit required to be completed by july 2002 Al hoyt refused to build as a result George had to return deposits to two home purchasers. George lost significant amount of money because of Al hoyts refusal Consequential damgers were appropiate and awarded to geroge because AL hoyt could have anticipated that George was going to suffer lost profits if he did not complete work on time

Merchantability

Goods must be fit for the ordinary purpose for which the goods are used REASONABLE CONSUMER EXPECTATIONS

Conversion

If the finder of lost property knows who the owner is and refuses to return it, must then pay the owner the fair value of the property.

Hines v. Overstock

Hines brought a class action against Overstock.com. Overstock.com moved to dismiss the case on the ground that its website terms of use contained an arbitration clause The Second Circuit affirmed on the basis that there was no indication that Hines had knowledge of the terms or the opportunity to see the terms before "accepting" them

East Capitol View Community v. Robinson IMPOSSIBILITY

Hired robinson on one year contract and then following year would be based on her performance contract said nothing about her extended employment being based on funding East capitol terminated her before one year term because it lost grant funding and would not be able to pay her next salary Company tried to use defense of IMPOSSIBILITY ROBINSON WON BECAUSE COMPANY SUBJECTIVELY CLAIMS THE INABILITY TO PERFORM CONTRACT CONTRACT WAS NOT INCAPABLE BY ANYONEEE

Albert z. Hodge v. Evans Financial Corp

Hodge replied, "No. 1, the job must be permanent. Because of my age, I have a great fear about going back into the marketplace again. I want to be here until I retire. The reason is that the one-year provision of the statute of frauds applies only to those contracts that, by their terms, are impossible to perform within one year. Here, while it may be unlikely that Hodge would retire within a year, it is nevertheless possible.

Restrictive covenant

Homeowners association can stop you from painting your house a ridiculous color just because something isnt zoned doesnt mean there arent limitations on how that property can be used Seller can impose these on new buyers If this wasnt made a law a factory could just build next to a cold a sac of houses??

Quit claim says that

I am giving you all the rights I have (could just be a piece of paper)

Two implied covenants of Grant Deed Law

I grant this property to you, and I guarantee that I have not already given it to someone else. It is not a guaranty that I have good title I grant this property to you, and I have not allowed a mortgage loan deed of trust to be recorded against it.

3 ways to prove negligence of bailee

IF bailor proves delivery of goods, demand for return, and failure of return

UCC 2-602 rejection of delivery of goods what should buyer do, what can seller do

If a buyer rejects a delivery of goods, buyer must act within a reasonable time after delivery and give seller notice of rejection, preferably in writing [2-602]. Buyer should state all defects on which rejection is based. Seller may be able to cure nonconformity

____ warranties are created by operation of law rather than sellers express statements

Implied

Model Business Corporation Act

Improve the rationality of corporation law. regulates relationship between corporation, its shareholders, and its managers

a director has the right to ___ corporate books

Inspect

three factors that cause property to be considered a fixture Attachment

Is the fixture attached or annexed to the real property? If firmly attached to real property so it cannot be removed without damaging property, the item is likely to be a fixture

Notice of nonconforming goods serves three purposes

It provides the seller with an opportunity to correct any defect, to prepare for negotiation and litigation, and to protect itself against stale claims before it is too late for the seller to investigate. The notice requirement allows the seller to cure the breach by making adjustments or replacements to minimize the buyer's damages and the seller's liability.

Stanton v. Greenstar Recycled Holdings, LLC results and legal issues

Lack of Ripeness of the case they filed suit in 2012. 5 year contract would be enforceable till after 2013 date when 5 years is up. Thus, no record that defendants have any intention of paying the bonus ambigous contract once again not clear whether the contract will be executed or netotiated and presented to defendants for their approval Contract cannot be proven to actually be executed yet

Lamber v. Barron

Lambert claimed that, as Lambert and Barron were standing on the airport runway immediately before Lambert returned home, he and Barron (orally) agreed to a consulting contract whereby Barron would pay Lambert for providing consulting services for him. Lambert claims that he and Barron orally contracted for Lambert to provide consulting services for one year at his customary monthly rate of $3,100, at a minimum one-year term. In late 2000, Lambert billed Barron $34,100 for the balance owed on the alleged contract.

Lambert v. Barron

Lamberts fee was 3100 a month. (Minimum of a year under contract) Lambert did not give bill till one year later of 31,000 Lambert only worked for a months work but still sued. Friend helping out a friend. they were friends and there was no indication that either party intended a contractual relationship

Type of lease Tenancy at Will

Landlord and tenant agree that tenant may possess property for an indefinite amount of time, with no agreement to pay rent at regular, successive intervals

Type of lease Periodic Tenancy

Landlord and tenant agree that tenant will pay rent at regular, successive intervals - month to month

Type of lease Tenancy for a term

Landlord and tenant agreee on a specific duration of the lease and fix the date on which the tenancy will end

When the landlord breaches Termination of lease.

Landlord's breach must have been extreme enough to be material breach

Matthews v. Amberwood associates not unreasonable to impose duty to guests on the landlord

Leased an apartment that prohibited pets kept pitbull there however Pitbull attacked and killed baby babies parents sue the apartment complex Landlord knew about the dog and could have enforced the no pets clause Landlord may be liable for injuries sustained by persons who were criminally attacked on landlords property if the attack was aided by landlord's failure to comply with housing codes or maintain reasonable security

UCC article 2A

Leases

Caveat venditor Which was the rule has shifted over to now!!

Let the seller beware

A director does not have any personal ___ for the contracts and __ of the coporations

Liability , torts

UCC article 2 has been adopted by 49 of the 50 states with ___ as the lone exception

Lousiana

USA V. manafort and gates

Manafort and gates hid Ukraine payments from US authorities and laundered the money through US and foreign corporation, partnerships, and bank accounts tax prepared emailed question Manforts tax returns, and Manafort denied everything Manafort must disclose information about offshore bank accounts to federal government for tax purposes Many charges so they pleaded not guilty

When the landlord breaches Action for damages.

Measured by diminished value of the leasehold

Delete Meram v. MacDonald

Million dollars The issue was whether MacDonald had made an offer - would a reasonable person believe that he intended to make an offer, and if so, was the offer sufficiently definite?

Meram v. Macdonald

Million dollars except its one dollar per year for a million years offer was genuine, macdonald was multi milionaire and had financial means to pay the promised sum Macdonald mentioned offer at least twice thus Meram reasonably believed that defendants would pay the promised sum the offer was not in fact vaugue Meram won.

Fraud vs innocent misrprentation

Misrepresentation made with knowledge of its falsity and intent to deceive KNOWLEDGE OF FALSITY

Mogilevsky v. Rubicon Technology, Inc

Mogilevsky leases building to rubicon Rubicon installs air condidtion and electrical systems in building Lease is up Rubicon removes major components of cooling system leaving huge holes Rubicon is forced to pay for repair of the holes The major compenents were removable trade fixtures that belonged to rubicon

Weil v. Murray Reasonable time for inspection

Murray bought painting as a broker Painting was accepted and shipped on consignment. Murray kept the painting for 5 months and never paid Weil the one million Murray did inspect the painting on two occassions Acceptance or revocation of non-conforming goods;

ADA remember Americans with Disabilities Act

Must provide reasonable accommodations

If a judgment of possession is obtained before the tenant files for bankruptcy, there is ____ automatic stay and the eviction may proceed.

NO

Risk utility test

N]umerous factors must be considered [when determining whether a product is unreasonably dangerous], including the usefulness and desirability of the product, the cost involved for added safety, the likelihood and potential seriousness of injury, and the obviousness of the danger

UCC is drafted jointly by the

National Conference of Commissioners on Uniform State Laws ("Commissioners") and the American Law Institute ("ALI").

Coggins v. New England Patriots Football Club, Inc.

New Patriots corp used freeze out of minority shareholders merely to the allow corporation to repay majority shareholders PERSONAL debts (this was not a proper business purpose)

Statue of limitations ex.

No jurisdiction file lawsuit to late

A director or officer is ususally __ liable for the torts of employees of the coporation He will have tort liablity however if he ___ the tort or participates in its commission

Not, Authorizes

Three most important terms---

Notice, Foreseeability, Reasonable

University Hospital nurse Alex Wubbles incident

Nurse barred police officer from drawing blood from an unconscious patient as this goes against the law victim was not under arrest and officer did not have warrant to obtain the blood and that he could not obtain consent because the man was unconscious OFFICER DID NOT HAVE IMPLIED CONSENT TO GET BLOOD

Margaret Oakes v. Carrabba's Italian Grill LLC

Oakes choked on mussell shell fragment claimed negligence strict product liability

Hicks v. sparks

Originally settled after car accident for 4000 Then hicks began experiencing more neck pain to surgery Hicks sued for more damages saying post release injuries are materially different from those contemplated in the release (mistake of fact) Hicks did assume the risk of mistake when she signed the release without obtaining a more thorough medical examination to discover more injuries Hicks lost.

The gold coins case conclusion All found property --- lost property, mislaid, treasure trove, embedded property

Owner of land has constructive possession of all personal property secreted in on or under his land landowner is entitled to possession to the exclusion of all but the true owner, absence a contract between the landowner and finder

TENANTS 3 DUTies

PAY RENT not to commit waste on property return the property to the landlord at lease termination

Hinkel v. Sataria Distribution & Packaging Inc.

Parol evidence rule barred evidence of the earlier promise to provide a one-year severance package.

Hinkel v. Sataria Distribution & Packaging, Inc.,

Parol of evidence Hinkel sued for things that came after the contract was already made and barred evidence of the earlier promise to provide a one-year severance package.

Forseeability defenses in breach of contracts

Parties not responsible for risks they did not assume and that were not factored into the contract price

Gap filler for time for payment

Payment is due at the time time and place that the buyer is to receive the goods even if the place of shipment is the place of delivery - i.e., if the shipment is F.O.B.* seller's place of business

Spokeo, Inc v. robins

Plaintiff must show that he suffered an invasion of a legally protected interest that is concrete and particularized, actual or imminent, not conjectural or hypotethical

Tan v. Arnel Management Company FORESEEABILITY

Plaintiff was shot in an attempted carjacking in the common area of apartment complex He sued property owners for not properly securing their premises against foreseeable criminal acts of third parties "Under the Supreme Court's 'SLIDING SCALE BALANCING FORMULA' heightened foreseeability is required to impose a high burden whereas some showing of a lesser degree of foreseeability is sufficient where a minimum burden is sought to be imposed on defendants."

Common types of officers

President, vice president, secretary, treasurer

Delete Aceves v. U.S. Bank

Promissory estoppel Aceves relied on banks to help her through chapter 13 to be able to start pay mortgage payments and forgoe foreclosure. Bank promissed to help and not evict her. Aceves relied on this promise Aceves won case

Symons v. Heaton claims and results

Promissory estoppel and unjust enrichment AKA quasi-contract Here, one friend took care of another for years. Symons never expected payment and testified to that during his deposition

Leasehold interests are rooted in ____ but modernly these are primarily ______ relationships involving commerical leases or residential leases

Property law contractual

____ does not create express warranty

Puffing

How did the defect affect their subjective and objective value

RV impaired the waddells from traveling for 2-3 years across country Objectively the rv spent a total of 213 days at the service department during the 18 months following the purchase

Specific performance remedy requirements

Requires plaintiff to show that subject of contract is unique or that no subsitutes are available ex- land, antiques, works of art

Standing to sue

Requires that the plaintiff have some direct, tangible, and substantial stake in the outcome of the litigation

Rochester Gas and Electric Corporation v. delta star, Inc commercial impracticability

Rochester gas was buying steel from delta star, Price was set goods were going to be delivered. price of steel went up due to other markets in china and india paying premium Delta star asked rochester gas to pay a much higher price Rochester sued them for breach of contract. Delta asserted defense of commercial impracticability REsults ---he price of steel to be used in the equipment it had contracted to manufacture and sell had increased, but the steel was still available, albeit it at a much higher price. Accordingly, the seller was not relieved of its obligation to deliver the equipment called for by the contract at the price that had been agreed to.

Statue of Frauds

SOF a statue that provides that no lawsuit may be brought to enforce certain classes of contracts unless there is a written note or memorandum signed by the party against whom enforcement is sought or by his agent ex some contracts must be in writing contracts for sales of goods for a price of 500 or more must be in writing contracts not able to be preformed within a year must be in writing

No Arrival, No

Sale

UCC article 2

Sale of goods

Shlensky v. Wrigley (business judgment rule)

Shlensky (shareholder in Cubs) sued owner for not allowing night games. Wrigley said lights would harm neighboring communties. Shlensky said Wrigleys first task should be to maximize shareholder value. Court sided with Wrigley saying directors are most inclined and verified to make business decisions as opposed to the shareholders.

Smith v. Carter & Burgess, Inc background

Smith was employee at Carter and Burgess Smith and employees were fired after 8 month orientation period and did not get there incentive bonus which would have occurred if they were employed for full 2 years they sued on breach of contract and promissory estoppel that they had not resigned or were terminated for cause

Service of process requirments?

Someone being sued gets a summons and a complaint Someone has to give them a papers The server cannot be the plaintiff or the defendant. You have to be 18 years old at least Must show exact time and place

Stanton v. Greenstar Recycled Holdings, LLC background

Stanton had their company bought by greenstar Greenstar offered them employement contracts with multiple bonuses set to pay after 5 year marks (2013) if they meet certain requirments Stanton was terminated without cause in june 2009 brough suit in 2012 that the milestone was met in 2010 and they are entitled to payment within 60 days of the five year milestone date

Star-Shadow Productions, Inc v Super 8 sync sound

Star shadow buys camera film from super 8 The camera film jams and screws up during first day of filming Super 8 complies with this, travels to movie sight corrects the problemed film and the filming goes on Star shadow still sues them for damages caused by the films inability to operate correctly However super 8 did point out the limitation of liability clause and that they had had complied with all the terms of the contract by replacing the defective film Super 8 won

Limitation of liability clause in Star-Shadow Productions, Inc. v. Super 8 Sync Sound System

Super 8 used the limitation of liabilty clause on price sheets and film boxes to show that super 8 could not be subject to any additional liabilityes The clause read this product will be repaired if defective in manufacture or packing. Except for such replacment this product is sold without warrantly or liability even though defect, damage or loss is caused by negligence or other fault

When the landlord breaches Rent abatement.

Tenant may withhold part of rent for period during which landlord was in breach

Tenancy at Sufferance

Tenant remains in possession after the termination of one of the leaseholds described above, until landlord brings ejectment action against tenant or collects rent from

Terry v Ohio

Terry pat reasonable articuable suspicion - fruit of the poisonous tree evidence necessary for reasonable suspicion here is something beyond mere suspicion, but is less than the level required for probable cause.

A & R Fugleberg Farm

The Fuglebergs agreed to purchase fertilizer. No terms of the k were put in writing Under the UCC, however, a writing signed by the party to be charged is not the only way of satisfying the statute of frauds. SOF dont apply if.... Admission of the contract under oath is one way and acceptance and payment of goods shipped is another way.

Criminal court

The burden of proof is upon the prosecution who must prove his or her case beyond a reasonable doubt

Shlensky v. Wrigley

The business judgment rule protects management when they decide not to install lights and it protects management when it decides to install them

Wilson v. Kealakekua Ranch

The court therefore concluded that the annual fee provision of the statute was not intended to protect the public and that it is unlikely that the legislature intended unenforceability of these Ks. K was VALID AND WILSON MUST BE PAYED FOR HIS WORK

three factors that cause property to be considered a fixture Adaptation

The degree to which the item's use is necessary or beneficial to the use of the real property. When an item would be of little value except for use with real property, the item is likely to be a fixture.

Grant deeds

The document which transfers title to real property or a real property interest from one party (grantor) to another (grantee)

Landlords duties Implied warranty of habitability:

The landlord-grantor must deliver a habitable dwelling at the beginning of lease For a lease, landlord-grantor also must maintain premises in a habitable condition

Eminent Domain Police Power & Fifth Amendment

The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.

Gap filler for open prices terms

The price is a "reasonable price at the time of delivery"

Albert Z. Hodge v. Evans Financial Corp,

The reason is that the one-year provision of the statute of frauds applies only to those contracts that, by their terms, are impossible to perform within one year. Here, while it may be unlikely that Hodge would retire within a year, it is nevertheless possible. Thus, enforcement of the oral contract is not barred by the statute of frauds.

Squatters rights in adverse possession

The squatter 'possesses' the real property for a statutory period and if the true owner doesn't eject the squatter within that timeframe, and if the squatter meets other legal requirements, the squatter obtains title to the real property.

Gap filler for time of delivery

The time for delivery is a reasonable time

To establish legal excuse of impossibility or impractiability a party must show these 3 things

The unexpected occurrence of an intervening act The risk of the unexpected occurrence was not allocated by agreement or custom; and The occurrence made performance impractical

Fiduciary duty on spouses in transactions between themselves

This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. relationship subject to the same rights and duties of nonmarital business partners.

Weaver v. American Oil

This is a contract, which was submitted (already in printed form) to a party with lesser bargaining power. As in this case, it may contain UNCONSCIONABLE or unknown provisions which are in fine print UNCONSCIONABLE CONTRACT

Two basic duties of bailee

To take care of the entrusted property To return property at the bailment's termination

Product liability

To the body of legal rules governing civil (not criminal) lawsuits for losses and harms resulting from a defendants furnishing of DEFECTIVE GOODS

A landlord has a ___ to evict a vicious or dangerous tenant only when the tenant's behavior makes violence toward neighbors or others on the premises highly foreseeable

Tort duty

Sale of good you use

UCC

UD vs civil actions

UD cases can be completed in a month rather than the typical year or more for limited civil actions.

Lindh v. Surman fault-based vs non-fault basis results

Under a fault-based analysis, return of the ring depends on an assessment of who broke the engagement, which necessarily entails a determination of why that person broke the engagement A no-fault approach, however, involves no investigation into the motives or reasons for the cessation of the engagement and requires the return of the engagement ring simply upon the nonoccurrence of the marriage. Husband won as the modern trend is to apply a non-fault rule to engagement ring cases

three factors that cause property to be considered a fixture Intent:

Under the circumstances, what the person who ordered them put into place intend? The presumption is that you intended them to become part of the real estate. If you want to take the item with you, say so in the sales K.

Wilson v kakakakak ranch

Unjust enrichment State law was not intended to protect public but for revenue raising Thus despite Wilson not renewing license he was still entitled to get his fee paid by the ranch would be different he had never been a licensed architect

holding title to your home Living trust THE BEST METHOD FOR HOMEOWNERS

Until the death or disability of the trust creator, the home and other real estate in the living trust are treated normally. Stocks, bonds, bank accounts, automobiles and other major assets can also be held in a living trust. Since the living trust is revocable, these assets can be bought, sold and financed normally. PRIVACY is a major advantage.

Good-faith purchasers who buy goods from a party to a ___ contract have no title and must return the goods to the rightful owner upon demand

VOID

good-faith purchasers who buy goods from a party to a ____ contract will receive good title to those goods.

VOIDABLE

contracts for the sale of goods procured by fraud are

Voidable

Waddell v. LVRV inc Must impair both subjective and objective value to the buyers

Waddell bought RV from the company Waddell asked that the rv be repaired before its arrival LVRV said they fixed all repairs and delivered the RV to waddells Waddells experienced an array of problems and had to bring the RV in the shop for a total of 213 days Waddells brough suit agains lvrv as the RVS non conformities substantially impaired its value

Questions and results in Lamber v. Barron

Was there a valid contract? Did Barron's acceptance of Lambert's help indicate the formation of a contract, or was it merely an indication of a person accepting the help of a friend? Was there a meeting of the minds?? Friend helping out a friend. they were friends and there was no indication that either party intended a contractual relationship

Gyamfoah v. EG & G Dynatrend

Watches seized in customs airport Airport transported them to warehouse EG &G Warehouse accepted and signed for the arrival of watches 2,518 watches were missing Plaintiff asserted preponderance of the evidence that the watches were in the suitcase when they were delivered to the warehouse Warehouse of negligent

Results of Audio Visual Artistry v. Tanzer

What did the contract contemplate in terms of goods and services? Why does the court conclude that the goods aspect of the contract predominated? However the total price came out to 82% equipment costs and only small percentage of service fees PREDOMINANCE

When does the cause of action (c/a) accrue so that the SOL begins to run?

When the owner discovered the breach or, through reasonable efforts, the owner should have discovered the breach.

holding title to your home Tenants in common

When two or more co-owners take title to real estate, especially if they are not married to each other, they often become tenants in common. two investors choose this method each tenant in common can sell or pass his interest by his will to whomever he or she wishes.

California Code, Civil Code - CIV § 1590 Man gave his future wife an engagement ring. Mans mother gave his future wife a diamond watch as well. Then Woman pulls out of marriage What happens?

Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just. must return engagement ring but gets to keep watch because it is considered a gift

Form 1040

Where you file your personal tax returns

Prima facie case

a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party

Can a consumer sue the manufacturer? why?

Yes because they put product into marketplace

Grant deed over a quitclaim??

Yes of course

Can government criminally prosecute (potential jail time) you for refusing to take a chemical test?

Yes they can

Force majeure clause

a contract provision, commonly encountered in international agreements, that excuses nonperformance that results from conditions beyond the parties control

A breach of contract is a

a failure, without legal excuse, to perform any promise that forms all or part of the contract

Illegal insider trading is a breach of

a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

accord and satisfaction

a legally binding agreement to settle a dispute claim for a definite amount accord suspends the original contracts obligations satisfaction is the legal "consideration" which binds the parties to the agreement.

A buyer cannot assume that there will be delivery to the buyer, unless such delivery is made a

a part of the contract.

Standing to sue

a plaintiff must show that he suffered "an invasion of a legally protected interst that is "concrete and particularized" and actual or imminent, not conjectural or hypothetical "

Pierce the corporate veil

a third party becomes liable for the obligations

Defenses to products liability Assumption of risk

a traditional defense to negligence based on the argument that the plaintiff volunatirly exposed himself to a known danger created by the defendants negligence

Weaver v. American Oil

a unconscionable contract used in which no honest and fair man would accept one sided contract Defendant which contained a "hold harmless" clause which provided that the lessee operator would hold harmless and also indemnify the oil company for any negligence of the oil company occurring on the leased premises (THE CONSTRUCTION WORKER DOESNT UNDERSTAND THIS) Parol of evidence does not apply in this contract

Hines v. Overstock

a user is not bound to the terms and conditions of an online contract he/she had not been notified of, and this also includes a reasonable user of the website who have not seen the terms and conditions.

demurrer

a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit.

Strict Products Liability

a π must establish that her injuries were caused by a defect in the product, and that the defect existed when the product left the defendant's control.

two objectives of duty of care

a) Each member shall act in good faith, best interest of the coport b) a like person in a like posiiton would reasonably excercise under similar circumstances

A tenant who successfully defends a UD action on the ground of retaliatory eviction is entitled to recover both

actual and punitive damages in addition to retaining possession of the property

Constructive Eviction

aids a tenant when property becomes unsuitable for the rental purposes Tenant may terminate the lease because s/he has effectively been evicted No further rent obligation if tenant vacates the property promptly after giving the landlord reasonable notice and opportunity to correct problem

holding title to your home Joint tenancy with right of survivorship

all co-owners must take title at the same time; they own equal shares and the surviving co-owner winds up owning the entire property. A major disadvantage is that a joint tenant can sell or give his property interest to a new owner without permission of the other joint tenant

Aceves v. US bank

alleging a cause of action for promissory estoppel she had relied on the promise by forgoing bankruptcy protection under chapter 13, and the bank subsequently breached its promise by foreclosing

chapter 13 bankruptcy

allowed to keep house or car if you stay current with a court ordered payment system

Express warranties

any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain Any description of the goods that the goods shall conform to the description

Directors can remove an officer at

any time, without cause (unless discriiminatory of course

FMLA applies to who

applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees

Void contracts void ab initio

are agreements that create no legal obligations and for which no remedy will be give ex. (contracts to commit crimes ) NO contract

Unlawful detainer actions

are summary proceedings that allow landlords to quickly recover possession of real property wrongly possessed by tenants.

Voidable contracts and examples

are those in which harmed parties have the legal right to cancel their obligations under contract ex. contract that is induced by fraud or duress in voidable (cancelable person suffering from a mental defect at time of contracting person is blacked out at time Injured party has the RIGHT to cancel the contract if he chooses ONLY BELONGS TO THE HARMED PARTY

"Time is of the essence" case for material breach

argument to minor breach if the contract specifically provides that there is a deadline and must have a specific delivery date of goods

what happens in interrrogatories

asking written questions, the other side has to answer under oath

Transfer of a right under a contract is called an

assignment

Board of direcrtors

authority and duty to manage corp delegates major responsibility to committees of the board such as

In personam jurisdicition

based on residence, location, or activities of defendant

in rem jurisdiction

based on the presence of property within the state

Consumer expectations test-

bases liability if a consumer could have reasonably expected the substance to be in the dish (e.g., while a half inch bone in a ground beef patty might be 'natural', a consumer would not expect to find one in a hamburger

mistake is a

blief about a fact that is not in accord with the truth

Woodman v. Kera LLC LLC Disaffirmance -right to avoid contract

bouncy house place baby breaks his leg and parents sue kera. question if parents can bind his/her child by a contract if the child could not otherwise be bound? court of appeals held the waiver invalid and agreed there was negligence

Coggins v. New England Patriots football club

business purpose test and intrinsic fairness test*** freeze out occurred when old patriots became new patriots New Patriots corp used freeze out of minority shareholders merely to the allow corporation to repay majority shareholders PERSONAL debts (this was not a proper business purpose) Coggins and other minority shareholders one

treasure trove

category exclusively for gold or silver in coin, plate found concealed in the earth or in a house or other private place. the treasure has been concealed for so long as to indicate that the owner is probably dead or unknown

Stephen A. Wheat Trust v. Sparks

committed fraud about not disclosing information about basement flooding material facts were missing in the claim. reserved for futher proceedings

Three types of special bailments

common carriers innkeepers safe-deposit boxesf

Sale of service you use

common law

Contract law follows the dictates of

common sense and fairness

special damages ex

compensate the plaintiff typically medical expenses and or lost wages

Foreseeability

concept that is used often times in torts law( especially in negligence cases)- would an ordinarily prudent person( someone who is reasonable who have seen the potential consequences of action or inaction

Insider information

confidential info that diretors and officers can use to make a profit when the prices of the securities increase after that inside information has been disclosed publicly Shareholders claim to be harmed by this, becasue directors and officers had unfair informational advantage

Privity of contract is not required between the

consumer and manufacturer

Scriveners error

contract sales price you accidentally write the wrong price. You draft the contract. You lose if you make the error.

Lease

contract under which an owner of property, the landlord (also called the lessor), conveys to the tenant (also called the lessee) the exclusive right to possess property for a period of time.

Smith v. Carter & Burgess, Inc results and legal issues

contract was unambigous contract only contained a condition precedent requiring plaintiffs to complete two years of service before becoming eligible for the incentive bonus terms stated earlier in an agreement must be favored over subsequent terms. employement at will contract -- both employer and employee interpret the contract differently carter and burgess win

Adhesion contracts

contracts in which a stronger party is able to determine the terms of a contract leaving the weaker party no practical choice but to adher to the terms (unconscionable) product of abuse of superior bargaining power

self incrimination can be natural person but not a

corporation

Means ends test strict scrutiny

court might say that the challenged law must be NECESSARY to the fullment of a COMPELLING government purpose most rigourous test

Disgorgement

court will take away money you stole from company

Unconscionability doctrine

courts would refuse to grant the equitable remedy of specific performance for breach of a contract if they found the contract to be oppressively unfair (so unfair that they should not be enforced)

ex of general damages

cover physical and mental pain and suffering

Notice of deeds

deeds must be recorded giving notice to the world

A & R Fugleberg Farm, Inc., v. Triangle Ag

despite contract not in writing and over 500 dollars it is still admitted admission of the contract under oath is one way and acceptance and payment of goods shipped is another which were both present in this case. Statue of frauds did not apply

Impossibilty test

differentiate events that are unforseeable or uncontrollable from events that were part of the risk borne by the part

Business judgement rule

directors and officers duty of care is sometimes expressed as this--- absent bad faith, fraud, or breach of fiduciary duty, the judgement is conclusive When they complied with this rule they are protected from liability to the corp.

Intrinsic fairness

directors must show that the transactions were OBJECTIVELY fair

houseman v. Dare SPECIFIC PERFORMANCE

divorce happens and houseman wanted to take the dog. husband gave her the ok and didnt put in the writing wife would let husband see dog sometimes but he promised to always return dog back. But one time he didnt and wife sued DOG WAS IN NO WAY RELATED TO THE SALE OF THE HOUSE Case reversed in favor of wife because Specific performance is available when money damages do not provide an adequate remedy. There was sufficient evidence of the special subjective value to Doreen to justify specific performance.

Article 2 of UCC does not apply to

does not apply to sale of services, intangible property, stocks, intellectualy property, or real estate***

consideration

down payment, or loan

Symons v. Heaton

drunk friend needed other friend to take care of him. Drunk died and symons tried to get reperations for his help. Symons said drunk friend promised to give him the estate. Symons argued for implied in fact and law contract that he deserved the estate Symons said that there was never an agreement about anything and that he never expected payment for helping. this blew it for him. THERE WAS NO CLEAR AND DEFINITE PROMISE FROM PLACHEK TO SYMONS SYMONS LOST

fiduciary duties of directors and officers

duties to act within the authority of the positiion and within the objectives and powers of the corporation, to act with due care in conducting affairs of the corp, act with loyalty

symbolic speech

ex flipping someone off is protected Does not apply to private school vs public school You are free to burn the US flag tinker vs des moines

Tenants 2 rights

exclusive possession and quiet enjoyment of the property during the lease term

Quasi- Contract aka Unjust enrichment/ Quantum Meruit

exists by order of court and not by agreement of parties courts imply a promise to pay the reasonable value of goods or services when the party receiving such goods or services has knowingly done so under circumstances that make it unfair to retain them without paying for them

jurors decide questions of

fact

Negligence

failure to use reasonable care, with harm to another party occuring as a result

misrepresentation

false statement

Form 1120 d

federal corporation tax return

Form 1065

federal partnership

Federal preemption

federal supremacy when state law conflicts with valid federal law, the federal law is supreme State law is said to be preempted by the federal regulation

due process

fifth and 14 amendment require that the fed government and the states observe due process when they deprive a person of life, liberty or property

Rossi v. Rossi results and legal issue

found that Denise intentionally failed to disclose her lottery winnings in the marital settlement agreement, the judgment, and her declaration of disclosure. that Denise breached her fiduciary duties under sections 721, 1100, 2100, and 2101 by fraudulently failing to disclose the lottery winnings and that she intentionally breached her warranties and representations failure to disclose the lottery winnings constituted fraud, oppression and malice HUSBAND RECEIVES 100 PERCENT OF THE LOTTERY WINNINGS (this is award found in civil code

Delete Business purpose test

freeze out but accomplish some legitamate business purpose and not serve the special interests of the majority shareholders or managers

business purpose test

freeze out but accomplish some legitamate business purpose and not serve the special interests of the majority shareholders or managers

Long arm statues

give courts in personam jurisdiction over out of state defendants who did business within the state, contract to supply goods or services within the stae, committing a tort within the state

Means ends test Rational basis test

government action need only have a REASONABLE relation to the achievment of a LEGITIMATE government purpose to be constitutional

Landlord's Duties Implied warranty of possession

guarantees tenant's right to possess the property for the term of the lease landlord must make sure prior tenants have left the premises.

Landlord's Duties Implied warranty of quiet enjoyment

guarantees that a landlord's act or omission will not interfere with the tenant's possession of the leased property. may be responsible for tenants who interfere with another tenant's use and quiet enjoyment of the leased premises

UD vs Civil actions Main 3 differences

has 5 days after service to appear and plead, instead of 30 days The defendant has no right to file a cross-complaint or counterclaim because possession is the only issue being litigated. The only response that a defendant may file is an answer, a demurrer, or a motion to quash service of the summons

GOOD FAITH MEANS

honesty in fact and the observance of reasonable commercial standards of fair dealing

Foreign/natural test

if an object is natural to the food, then warranty is not violated. If the object is foreign, warranty is breached

Contingency basis for lawyers

if they win the case they will get 1 /3 of winnings (agreed upon)

ex. offer

ill you 15,00 for car

Faraday bag

important to preserve digital evidence and noting its usage on the chain of evidence form, if evidence is suspected to being tampered with it could be ruled as inadmissible

exception to fruit of the poisonous tree

inevitable discovery

Adverse Possession

is a method of obtaining title to real property that does not belong to the 'adverse possessor.' It results in an involuntary transfer of title from the owner to the adverse possessor, commonly called a 'squatter.

Insider trading (legal version

is when corporate insiders buy and sell stock in their own companies -- they must report their trades to the SEC

Landlords tort liability

landlords will be held liable for injuries for breach of the following duties: Duty to maintain common areas Duty to disclose hidden defects Duty to use reasonable care in performing repairs Duty to maintain property leased for public admission Duty to maintain furnished dwellings

Caveat emptor

let the buyer beware

Tenants liabilities

liable to persons who suffer harm while on the portion of the property over which tenant has control, if injuries resulted from tenant's negligence If a tenant breaches the lease, landlord may take action to evict the tenant

4 reasons for federal premeption of state law

literal conflict between state and federal measures (impossible to follow both) federal law may specifically state that it will preempt state regulation in certain areas federal regulation in that field is pervasive state regulation is an obstacle to fulfilling the purposes of the federal law

RENT CONTROL EVICITION If the rental property is in a rent-controlled jurisdiction and the landlord evicts a tenant so that the landlord or his or her immediate relative can move in, the landlord or relative must

live there for at least 6 months.

Substantial performance is the opposite of

material breach

expert witness

may posses rrelevant scientific, technical, or other specialized knowledge, skill, experience, or educational background

Intent to enter binding agreement

meeting of the minds

Summary judgement

one party asks for an immediate judgement claiming there are no factual issues left to be decided. If the summary judgement motion is granted, The Judge then applies the law

Branham v. Ford motor co Laws to be applied about what the plaintiff must prove

must prove (a) element of defective and unreasonably dangerous condition of product before determining manufacturer fault, and (b) existence of reasonable design alternative;

Political speech

needs to be protected more expression that deals in some fashion with government, government issues or policies, public officials or political candidates

Tor theories are based on arguments of ____ or _____

negligence or strict liability

Innocent misrepresentation

negligent false statement

equal protection in 14 amendment

no state shall deny any person the equal protection of the laws

The person to whom the duty is owed is called the

obligee

A person who owes a duty to perform under a contract is called an

obligor

Bailment

occurs when a bailor who owns personal property (or someone holding the right to possess it) delivers it to another (the bailee) who accepts it and is under an express or implied agreement to return it to the bailor or someone designated by the bailor

elements of a contract

offer, acceptance, and consideration (with no defense to formation)

F.O.B. - place of shipment/origin:

once the goods have been delivered to the carrier at the seller's place of business, the seller has completed its delivery obligations under the contract and risk of loss transfers to the buyer

Each director has __ vote

one

4th Amendment

protects against unreasonable searches and seizures

Summary judgement

one party asks for an immediate judgment claiming there are no factual issues left to be decided; if the summary judgment motion is granted, the judge then applies the law.

Promissory Estoppel aka Detrimental Reliance

one person might rely on a promise made by another even though the promise and the relevant circumstances are not sufficient to justify the conclusion that a contract exists

Implied in fact contract

one that is not specifically state by the parties but is implied by the nature of the parties promises ex. Valentines day card. I pay you 5 bucks to deliver my girl a valentines day card Implied that you will do it by valentines day!!!

Trademark properties v A & E Television networks trademark won all damages for equal revenue of first three seasons

oral contract over the phone to share all resulting net revenues equally ORAL CONTRACTS ARE JUST AS BINDING AS WRITTEN CONTRACTS MUST BE DEFINITE OFFER AND ACCEPTANCE (which there was)

Abandoned property

owner has discarded or voluntarily forsaken with the intention of termininating his ownership, or without giving ownership to anyone else

holding title to your home Sole ownership also known as

ownership in severalty

embedded property

personal property that has become a part of the natural earth

Fixture

personal property that has become attached to or connected to real property in such a way that it ceases being personal property and becomes part of the real property

Defenses to products liability Contributory negligence

plaintiffs failure to act reasonably. ex. simple failure to notice a hazardous product defect

Burden of proof in civil case

preponderance of evidence ex. domestic violence

procedural due process

procedures government must follow when it takes life, liberty, or property

Fair Housing Act

prohibits discriminatory practices in transactions affecting housing, including the rental of dwellings

Burden of proof in criminal case

proof beyond a reasonable doubt ex. accussed of murder

BAdges of fraud

proof by a creditor of certain objective facts (for example, a transfer to a close relative, a secret transfer, a transfer of title without transfer of possession, or grossly inadequate consideration) would raise a rebuttable presumption of actual fraudulent intent.

lost property

property which the owner has involunatirly parted with through neglect and does not know the whereabouts

Servicemembers rights

provides servicemembers some protection from immediate eviction. On application for an eviction, the court may on its own motion, and must on application by or on behalf of a servicemember whose ability to pay rent is materially affected by military service Stay the proceedings for 90 days, unless the court determines that a longer or shorter period is proper;

Hillary Clinton futures trading What was missing? Did she alter the story? when were her purchase and sales made? What was unusal about her behavior and activity Was the risk of trading inconsistent with her net income and worth Did clinton owe a favor to any parties involved 98 out of 100 for POTENTIAL COMMODITIES FRAUD

purchase and sale confirmation were lost or missing of two most profitable trades we were first told she did her own research on wall street journal and had an advisor. However she started acting very confused short sold the stocks at the lows and extremes of the day only (must have been glued to the screen every second of the day) which obviously wasnt clinton was neophyte investor but traded the biggest bull market from the short side (Short sales) Yes, her trading positions exceeded 1 million for days at time. One loss in stock would have wiped out not only Clintons net income but their entire net worth (bad for governors elect to declare bankruptcy Hillarys advisor, james blair was counsel of tyson foods and Arkansas biggest employer. Blair expected Bill clinton to raise legal truck weight limit in Arkansas to Tyson foods could compete with out of state poultry truckers Thus Clintons make ton of money and Bill enacts this law to Make Tyson more successful as well

a grant deed warrants that the grantor actually owned the title to transfer, which a _______ would not, since it only transfers what the grantor owned, if anything.

quit claim deed

Personal property is anything but

real property or real esate

Example of a material breach of contract::

receives something substantially different from what the contract specified. For example, if the contract specifies the sale of a box of tennis balls and the buyer receives a box of footballs, the breach is material

forbearance contract

refraining from doing something

Title III of the Americans with Disabilities Act

requires owners and possessors of any real property that is a place of public access (i.e., a commercial property) to make reasonable accommodations as well as physical modifications, to allow access to disabled persons

bilateral contract

return promise

Miranda Rights

right to silence ( must speak up to invoke that right) right to attorney when you are being questioned *** Only applies when you are in custody, lawfully detained

Post distribution evidence

s evidence of facts neither known nor available at the time of distribution. Whether a product is defective must be measured against information known or reasonably attainable at the time the product was placed into the stream of commerce. Post-manufacture evidence is generally not admissible

Fiduciary duty

someone to whom power has been entrusted for the benefit of someone else

Articles of the UCC DO NOT become law in any State unless and until adopted by the legislature of the

specific state

4 first amendment rights

speech, press, assembly, religion

Trademark Properties v. A & E Television networks

split the net revenues of the television show. In response to Plaintiff's offer, Plaintiff maintains Nordlander said "Okay, okay, I get it." never reduced any oral agreement to writing. In other words, where an offeree communicates an ambiguous acceptance, the offeree must assume the risk of the offeror's misinterpretation

commercial impracticability

standars used by the uccc, replacing the common law doctrine of impossibility, to define when a party is relieved of his or her contract obligations because of the occurence of unforseeable, external events beyond his or her control

Vineberg v. Bissonnette what should have been done

stolen painting during nazi era vineberg tries to recover painting from bissoneet Determining reasonable or due diligence is fact sensitive and must be reviewed on a case by case basis* Must strive to bring case to trial as soon as possible

summertime failur of air conditioning in a hot climate when the tenant rented air conditioning may consitute as a

substantial breach

tinker vs des moines

symbolic speech students wore black to protest vietnam war. were sent home but sued on basis of free speech (won)

Article 2 addresses sales of ___ and does not apply to contracts for ____

tangible items services, real property, leases, or transfers of licenses of intellectual property

mislaid property

that which the owner has intentionally set down in a place where he can again resort to it and then forgets where he put it

What can the non breaching party do when the contract breach is MATERIAL:

the nonbreaching party is no longer required to perform under the contract and has the immediate right to all remedies for breach of the entire contract

Example of a minor breach of contract:

the other party still receives the item or service specified in the contract EX. A REASONABLE DELAY OF DELIVER

Contributory negligence*

the percentage of responsibility for the harm that you attribute to each of them

Lost property and ownship

the person who finds lost property does not acquire ownership of it, but acquires better rights to the lost property than anyone other than the true owner

Gap filler for place of delivery

the place for delivery is the sellers place of business

An easement is a nonpossessory interest in another's land that entitles the holder only to

the right to use such land in the specified manner...

substantive due process

the rules that set standars of behavior for organize social life

F.O.B. - place of destination

the seller is obligated to deliver the goods to the buyer at the buyer's named destination, and risk of loss remains with the seller during transit and only transfers to the buyer upon delivery at the destination

Automatic stay

the suspension of all litigation against debtor and his property. triggered by the filing of a bankruptcy petition

REPAIR AND DEDUCT If a rental unit is dilapidated to the point of not being habitable the tenant may Only if the tenant:

the tenant may make repairs and deduct the costs from the rent, or vacate the premises without being liable for further rent, if the tenant: Gives written or oral notice of the problem, and Waits a reasonable period of time for the landlord to make the repair.

the repair-and-deduct defense is not available to commercial tenants, because

there is no implied warranty of habitability in commercial leases.

defamation

these claims are designed to protect the reputation interest of the plaintiff

I-Shoe or internation Shoe

to assert in personam jurisdiciton over a non resident defendant, defedant must be shown to have had the requisite minimum contacts with the forum state or federal disctirct general jurisdiction-- specific jurisdiction

Civil court

to win a civil case the plaintiff must prove each element of its claim by a preponderance of the evidence as opposed to beyond reasonable doubt or clear and convincing

freeze out

type of minority shareholder oppression accomplished by merging a corporation with a newly formed corporation under terms which the minority shareholders do not receive shares of the new corporation but instead receive only cash or other securities

Corliss v. Wenner and Anderson

uncover gold coins in wenners driveaway Court rules in favor of wenner in that the owner of the land has constructive possesion of all personal property secreted in, on, or under his or her land

Benefit rule in dodson v shrader

upon rescission, recovery of the full purchase price is subject to a deduction for the minor's use of the merchandise.

Mailbox Rule

valid upon dispatch with properly stamed and addressed

Voidable contract the defrauded party has option to rescind entire contract unless those good were sold to a good faith purchaser for

value

Contracts for the sale of stolen goods are

void

retaliatory eviction

when a tenant exercises legal rights, residential landlords must not retaliate by: Increasing rent, Decreasing services, or Causing a tenant to quit the rental property involuntarily.

Occupy the field

when federal regulation exists already and pervasively Congress has regulated a subject in great detail

Defenses to products liability Product misuse

when plaintiff uses the product in some unusual unforseeable way, and this cause the loss

Whether a nonconformity substantially impairs the value of a good involves two parts:

whether the nonconformity substantially impairs the subjective value to the buyers; and 2) whether the nonconformity substantially impairs the objective value given the buyers' particular needs.

Preponderance of the Evidence Or "51% of evidence rule" Used in?

whichever side convinces the judge or jury by 51% of the evidence will prevail. civil cases (contracts, torts), domestic violence temporary restraining orders

Rossi v. Rossi Background

wife wins lottery but does not tell husband as she is contemplating divorce Wife goes ahead with divorce, never tells husband dissolution of assets proceeds. Husband forced to file bankrupticy two years later he receives mail about the lottery winnings of his wife (first time he learns of the situation and files suit

Harrison v. Family Home Builders LLC

written contract for remodeling and construction no explicit deadline and no indicication of time was of the essence Plaintiff canceled contract saying every aspect of the project was botched by builders Plaintiff bore burden of proving that defendant had commited a material breach court concluded that plaintiff gave FHB a reasonable time to perform the work before terminating the contract

Parol evidence

written or spoken statements that are not contained in the written contract court will not permit the use of evidence prior or contemporaneous statements to add to, alter, or contradict the terms of the written contract (best evidence of parties agreement is the written contract itself) **

Delete Demurrer

written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis

ex acceptance

yes or no

What happens in discovery

you are trying to look for something, get information, relevant, Want to learn about their insurance- policy limitations