CRIM 112
In which of the following situations would the promise be enforceable as a contractual obligation?
"If you give up cigarettes & alcohol for Lent, I will pay you $200."
When the driver of a car drives recklessly, crossing the center line in violation of the traffic laws and runs into another car, the driver is liable for?
A negligence per se
The agreement to accept something different from what was due under on original contract is called:
Accord
Delaney's Department Store has been trying for three years to collect $100 owed it by a customer. Finally the customer said, "Look, I am broke. I can give you $50 right now & I will wash the windows of the front of your store if you will forget about the rest of it." Delaney's accountant, thinking that they would never see any money at all if they didn't accept this offer, agreed to it. This is an example of:
Accord & satisfaction
Acceptance
Agreement to the offeree to be bound by the terms of the offer.
Illegal Agreement
Agreement where the formation or performance is criminal, tortuous, or contrary to public policy.
A transfer of rights is called a:
Assignment
Consideration
Bargained for and given in exchange for another's promise, usually consisting of the performance of an act or to give up a right.
Jesse writes to Nadine, "I will pay you $50 if you clean my house by Saturday." On Friday, Nadine cleaned Jesse's house as requested. What kind of contact has been formed?
Bilateral
Warranty
Contractual obligation that sets a standard by which performance of the contract is measured.
A party who refuses to return goods when requested to do so by the true owner is liable for?
Conversion
Writ of Trespass
Covered actions for trespass to land, assaults, batteries, the taking of goods, and false imprisonment.
The essential function of tort law includes:
Defining civil wrongs as antisocial behaviors, deterring people from engaging in bad behavior, and compensating victims for civil injuries.
Offer
Definite proposal to make a contract that is communicated to another person.
Material Fact
Fact without which the contract would not have been entered into.
True or False: a civil assault involves an permitted, unprivileged, intentional contact with another's body?
False
True or False: an injured party who has established a breach of contract is only entitled to turn to a court for equitable relief, such as: specific equitable, rescission, restitution & injunctions?
False
True or False: contributory negligence is a defense in all 50 states?
False
True or False: in the case of comparative negligence, the party that the court determines is most liable pays the full damage amount?
False
True or False: most statues provide that contracts fully completed within one year have to be in writing?
False
True or False: only legislative bodies can create tort causes of action?
False
True or False: the Uniform Commercial Code covers only commercial paper and bank collection processes?
False
Which of the following is NOT an element of the tort of negligence?
Harm that is factually caused by the breach of the duty.
Modern torts include:
Intentional torts, negligence, and strict liability
A defamatory publication:
Is never true.
Tort cases are generally tried to
Juries
Contract
Legally enforceable agreement containing one or more promises.
Mental Competence
Mental ability required to enter into valid contract.
Void
No contract because no enforceable legal obligations have been created.
In a case of malicious prosecution, one must prove? a. a threat to bring a lawsuit b. a successful plea bargain c. a spiteful complaint d. none of the above
None of the above.
Accord
Offer of something different from what was due under the original contract.
Voidable
One of the parties can elect to void an obligation created by contract because of the manner in which the contract is brought about.
Unilateral
One party makes a promise in exchange for another person performing or refraining from performing another act.
Misrepresentation
One party ti a contract either knowingly or unknowingly misrepresents a material fact that misleads the other contracting party into relying on false information.
Offeror
Person who makes an offer to contract.
Offeree
Recipient of an offer to contract.
Statute of Frauds
Refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract.
Rescission
Revocation, cancellation, or repeal of a law, order or agreement.
If goods are unique, a court could order:
Specific performance
Legal Detriment
Taking an the legal obligation, the performance of an act, or the giving up of a legal right, which supports a party's contract requirement of consideration.
Strict Liability requires:
That a abnormally dangerous activity was involved.
A "mirror image" means that:
The acceptance matches the offer and there are no counteroffers.
Bilateral
The parties exchange mutual promises to do some future act.
Restitution is:
The return of property or money given in a contract.
A person who causes injury to a victim is called a?
Tortfeasor
Delegation
Transfer of contractual duties to another person.
Assignment
Transfer of contractual rights to another person.
True or False: a void contract is totally lacking in effect?
True
True or False: assumption of risk is a defense commonly associated with negligence cases?
True
True or False: at common law, an acceptance must be a mirror image of the offer?
True
True or False: consideration usually consists of an act or a promise to perform an act?
True
True or False: if a criminal defendant is acquitted in a criminal trial, he/she can still be subsequently sued in civic court?
True
True or False: if a person is defamed in a newspaper, the person would be entitled to sue for libel?
True
True or False: one can be found liable for an intentional tort even if they have no conscious desire to cause harm?
True
True or False: the common law writ of assumpsit was the predecessor of the modern action?
True
True or False: to recover damages, a plaintiff in a product liability case has to prove that a product was unreasonably dangerous and that the defect proximately caused the injury?
True
True or False: tort law makes antisocial behavior a civil wrong?
True
Writ of debt
Used to collect a specific sum of money owed.
Covenant
Used to enforce agreements pertaining to land and later used to enforce written agreements under seal.
Detinue
Used to recover possession of personal property from someone who had possession of another's personal property and refused to return it when requested by the true owner.
Assumpsit
Used to remedy some breaches of duty that had previously been actionable under the old writ of trespass on the case.
Capacity to Contract
Where a person is of legal age and is not otherwise impaired as to be substantially incapable of making decisions for himself/herself.
Jill says to Ben, "I offer to sell you my DVD player for $90." Ben replies, "If you do not hear otherwise from me by Thursday, I have accepted your offer." Jill agrees and does not hear from Ben by Thursday. Does a contract exist between Jill and Ben?
Yes, because the parties agreed that silence would constitute as acceptance.
Assumption of risk
a defense to claim for negligent injury to a person/property. i.e., a person who voluntarily exposes himself or his property to a known danger may not recover for injuries thereby sustained.
When determining if the parties to a contract agree, the intention of the parties is:
a major factor
Malpractice
a non-legal term for a professional persons negligence.
Independent contractors
a person who agrees with another to do something for another, in the course of his/her occupation, but who is not controlled by the other, nor subject to the other's right to control with respect to the performance of the undertaking and is thereby distinguished from an employee/agent.
Tortfeasor
a person who commits a tort.
Tort
a wrongful act, not involving a breach of an agreement, for which a civil action may be maintained.
Trespass
an act of knowingly entering another person's property without permission. Such action is held to infringe upon a property owner's legal right to enjoy the benefits of ownership.
Battery
an unlawful touching, beating, wounding, or laying hold, however trifling, of another's person or clothes without his/her consent.
Causation in fact
causal connection does not exist between the defendant and the plaintiff's injury. i.e., but for the defendant's negligence, the plaintiff;s injuries would not have occurred.
Intentional Torts
civil wrongs in which the defendant is alleged to have intentionally interfered with the plaintiff's person, reputation, or property.
Hedonistic damages
damages for compensation for the loss of enjoyment or value of life.
Slander per se
defamation by spoken words that falsely accuses another of committing a crime of moral turpitude (rape, murder, or sell narcotics). Makes false accusations that another person has contracted a morally offensive disease (leprosy, syphilis, gonorrhea, AIDS)
Libel per se
defamatory writing or broadcast that falsely accuses another of committing a crime of moral turpitude (rape, murder, or sell narcotics). Makes false accusations that another person has contracted a morally offensive disease (leprosy, syphilis, gonorrhea, AIDS). makes defamatory statements to interfere with another person's trade, business, or profession.
Libel
defamatory writing; any published matter that tends to degrade persons in the eyes of their neighbors, or the render them ridiculous, or to injure their properties/ business.
Negligence
flexible term for the failure to use ordinary care, under the particular factual circumstances revealed by the evidence in a lawsuit. Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly in disregard of an interest of others.
Assault
is carried out by the threat of bodily harm coupled with an apparent present ability to cause harm. It is both a crime and a tort, which may result in either criminal and/or civil liability.
Slander
malicious defamation of a person in his/her reputation, profession, or business by spoken words. Usually, the truth of the words spoken is a defense.
Negligence per se
negligence where the action is causing the plaintiff's injury or property damage involved the defendant's violation of a statute concerned with public safety.
Proximate Cause
something that produces a result, without which the result could not have occurred. Any original event that, in natural unbroken sequence, produces a particular foreseeable result, without which the result would not have occurred.
Defamation
the action of damaging the good reputation of someone; slander or libel.
Comparative Negligence
the approach to determining damages in negligence cases followed by most states. These states apportion damages between the plaintiff and defendant in proportion to each party's contributory fault. Thus the trier of the fact in a case determines the total damages then assigns a percentage of the total fault to the plaintiff and defendant.
Contributory negligence
the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury. Even though a defendant may have been negligent in some jurisdictions, contributory negligence will bar a recovery by the plaintiff.
Malicious Prosecution
the plaintiff alleges that the defendant maliciously and without probable cause instigated a civil/criminal action against the plaintiff. The plaintiff must prevail in the original dispute and must have suffered legal injury due to the groundless nature of the defendant's original allegations.
Conversion
the wrongful appropriation of the goods to another. An intentional exercise of dominion or control over a chattel what so seriously interferes with the right to another to control in that the actor may justly be required to pay the other the full value of the chattel.
