BLA201- exam 2
Which of the following is true about the riparian water rights doctrine? (A) This policy has led to some unnatural uses of land in western states, where water rights are highly valued due to scarcity. (B) Landowners in riparian water rights states may have no right whatsoever to use the water that runs through their land. (C) It is the right of a property owner adjacent to a water source to use the water and a duty to share that waterway with other property owners adjacent to the water. (D) Under this concept, the use of water must be beneficial, but the owner of the right need not be an adjacent landowner. (E) It is a water allocation system that grants the water rights to the first person who uses the water.
(C0
A(n) _____ is something that used to be personal property but has become attached to the land so that it is legally a part of the land. (A) fixture (B) deed (C) fungible (D) chattel (E) covenant
- (A)
An easement: (A) generally gives people the right to use another's land for a particular purpose. (B) is a voluntary restriction on the use of land. (C) is a possessory interest in real property. (D) prohibits parties from transferring the rights conveyed by a contract to another party. (E) needs to be expressly stated in writing.
- (A)
Identify the incorrect statement about a licensee. (A) Landowners have a duty of ordinary care to a licensee. (B) Landowners may not intentionally injure a licensee. (C) A licensee is someone who has permission to be on the land. (D) Landowners must warn the licensee of known defects. (E) Failure to warn the licensee of known defects may result in liability for the landowner.
- (A)
John is a small cattle farmer who raises cattle. John's grandfather's old barn is located on the side of his farm that is closest to the road. The barn is dilapidated, and John is concerned that the barn may collapse on the cattle if they move anywhere near it. John decides to paint it bright, neon colors with the words "FUN LAND" across the barn, thinking that the bright colors and writing will detract the cattle. Joey, John's 7-year-old next door neighbor sees the bright colors and runs to play in the barn. Which of the following is true: (A) John has created an attractive nuisance, but only if a child would fail to appreciate the risk of playing in the barn (B) John will not be liable for any injuries that Joey suffers, since he is trespassing (C) John may be liable for assault on Joey, if Joey fears for his safety while playing in the barn (D) John cannot have any tort liability to Joey, since Joey is a minor
- (A)
Which of the following is of private property? (A) It can include real property like land. (B) It can include personal property such as buildings. (C) It can include computers owned by state governments. (D) It cannot be owned by corporations. (E) It cannot be owned by partnerships.
- (A)
Your roommate hires a painting company to paint his room. When the painters arrive, neither you, nor your roommate are home. The painters proceed to paint your (not your roommate's) room. Which of the following is true: (A) You will not owe the painters anything, since you did not have a contract with the painters, and you had no knowledge of the mistake (B) A court may determine that you owe the painters for the value of their services under a quasi-contract theory (C) A court may determine that you will not owe the painters anything, under the doctrine of caveat emptor. (D)A court may determine that you owe the painters for the value of the their services under the doctrine of res ipsa.
- (A)
Greg believes that Paul, his girlfriend's ex boyfriend, is trying to ruin Greg's relationship. In a fit of rage, Greg approaches Paul from behind and grabs his shoulder. Paul turns around and hits Greg immediately in the face, knocking out three teeth. Which of the following is true: (A) Greg assaulted Paul when he touched Paul's shoulder (B) Greg battered Paul when he touched his shoulder, and assaulted Paul if Paul reasonably feared immediate harm (C) Greg neither committed assault nor battery on Paul, since Paul hit Greg (D) Greg neither committed assault nor battery, since he was the ultimate victim of the altercation
- (B)
Greg believes that Paul, his girlfriend's ex boyfriend, is trying to ruin Greg's relationship. In a fit of rage, Greg approaches Paul from behind and grabs his shoulder. Paul turns around and hits Greg immediately in the face, knocking out three teeth. Which of the following is true: (A) Paul battered Greg, but only if Greg reasonably feared immediate harm (B) Paul committed assault and battery on Greg, but he may claim that his actions were excused by self defense, if his actions were reasonable (C) Paul neither committee assault nor battery, since Greg touched Paul's shoulder first (D) Paul committed both assault and battery since Greg's initial contact with Paul was reasonable in light of Greg's belief that Paul was trying to ruin Greg's relationship with his girlfriend.
- (B)
_____ is a tort in which the tortfeasor unreasonably interferes with the use and quiet enjoyment of the plaintiff's real property. (A) Misappropriation (B) Nuisance (C) Abuse of process (D)Tortious interference (E) Invasion of privacy
- (B)
A party's failure to perform duties and obligations under a contract is referred to as: (A) rescission of contract (B) restitution of contract (C) breach of contract (D) retort of contract
- (C)
Anthony offers Sandi $200 to wash all his windows, and Sandi says she'll do it for $300. Anthony does not agree. Sandi then washes all of Anthony's windows. Which is true: (A) Anthony owes Sandi $300, because they had an implied contract. (B) Anthony does not owe Sandi anything, under any reasoning, because they did not have mutual assent. (C) Anthony likely owes Sandi $200 as quantum meruit, or else he will have been unjustly enriched (D) Anthony owes Sandi $250 as a fair and reasonable compromise of disputed amounts owed.
- (C)
Dave says: "Peggy, I will sell you this house at 700 Burnley Road for $50,000." Peggy says: "I accept." Which of the following is true: (A) Peggy and Dave do not have a valid and enforceable contract under the "mirror image" rule (B) Peggy and Dave have a valid and enforceable contract concerning the sale of the house (C) Dave and Peggy do not have a valid and enforceable contract because of the statute of frauds. (D) Peggy and Dave have a valid and enforceable contract for the sale of the house, but only if $50,000 is reasonable consideration for the house
- (C)
John is convicted of aggravated vehicular manslaughter for causing the death of Timmy, a 19-year-old passenger of a parked vehicle that John hit while intoxicated. Which of the statements is true: (A) John will be liable in a civil case commenced by Timmy's estate, and that liability will be established through the doctrine of negligence pro se (B) John will have no civil liability to Timmy, since double jeopardy prohibits civil liability and criminal penalties for the same act (C) John will be liable in a civil case commenced by Timmy's estate, and that liability will be established through the doctrine of negligence per se (D) John will have no civil liability to Timmy, since in pari delicto prohibits civil liability and criminal penalties for the same act
- (C)
Kevin offers to sell his printing equipment to Pam for $10,000. Pam says, "Great. I want that equipment and I will buy your printing equipment, but I can only pay $9,000." Which of the following is true: (A) Pam and Kevin have a valid contract since Kevin made an offer, Pam accepted the offer, and Pam is obligated to buy the equipment. (B) Pam and Kevin have a valid contract since Kevin made an offer, Pam made a counter offer. (C)Pam and Kevin have a valid contract since Kevin made an offer, Pam made a counter offer, but only if Kevin agrees to sell the equipment for $9,000. (D) Pam and Kevin do not have a valid contract, since there was no consideration.
- (C)
Sean offers to sell Lilly his baseball cards for $300. Lilly offers to purchase the cards for $200. Fred then offers to buy the same cards for for $350. Which of the following is true: (A) Lilly can force Sean to sell the cards for the original $300 asking price (B) Sean can force Lilly to purchase the cards for $300. (C) The Lilly and Sean have not entered into a contract, and Lilly no longer has the right to buy the cards for $300 (D) Lilly can force Sean to sell the cards for $300, but only if he had legal capacity to sell the cards
- (C)
The elements of common-law contract formation include all of the following, except: (A) consideration (B) acceptance (C) compilation (D) offer (E) mutual assent
- (C)
The possible plaintiffs in a tort case include which group: (A) any party with whom the defendant is in contractual parity (B) any member of the general public (C) any party to whom the defendant owed a duty (D) any party with whom the defendant has minimum contacts
- (C)
Which of the following is a valid offer: (A) "I will sell you a house in that neighborhood." (B) "I will sell you my bicycle for $127.65, but only if someone nicer does not come over and offers me more money." (C) "I will sell you my bicycle for $10." (D) "I will sell you a theater."
- (C)
Which of the following is true: (a) A court will always enforce a liquidated damages clause (b) A court will enforce a liquidated damages clause, but only if there is no promise (C) A court will enforce a liquidated damages clause, but only if the amount is reasonable and not considered a penalty upon the breaching party (D) Liquidated damages clauses are unenforceable
- (C)
Which of the following statements is true about a deed? (A) It is a sworn statement in writing made under oath. (B) It transfers rights conveyed by a contract to another party. (C) It is a writing that conveys title to real property. (D) It prohibits parties from transferring the rights conveyed by a contract to another party. (E) It is a document that amends a previously executed will.
- (C)
You decide that you are going to bungee jump to celebrate your birthday. Greg is the operator of the local bungee jumping location, and you decide that he is the one who will oversee your jump. Prior to the jump, the only preparation that Greg provides is a waiver form that you must sign. During your jump, the cord stretches too far and your head hits the ground. Which of the following is true (A) Greg has no liability to you because you assumed the risk associated with the jump (B) Greg has no liability under the theory of respondeat superior (C) Greg may have liability to you if he was negligent in failing to act reasonably to ensure that the jump was safe, even though you may assumed known risks in the waiver form (D)Greg will be liable for battery
- (C)
Dave says: "Peggy, I will sell you this house at 700 Burnley Road for $50,000." Peggy says: "I accept." Which of the following is true: (A) Peggy and Dave have a valid and enforceable contract concerning the sale of the house (B) Peggy and Dave do not have a valid and enforceable contract under the "mirror image" rule (C) Peggy and Dave have a valid and enforceable contract for the sale of the house, but only if $50,000 is reasonable consideration for the house (D) Dave and Peggy do not have a valid and enforceable contract because of the statute of frauds.
- (D)
Dotty is a high school junior who suffers from acne. Despite her best efforts, she is unable to control her appearance, and she is very self conscious about the issue. One morning on the way to school Betty decides that Dotty's new nickname is "Dot Face" and she repeatedly calls her Dot Face for the rest of the day. Which of the following is true: (A) Betty has assaulted Dotty (B) Betty may be liable for intentional infliction of emotional distress (IIED) to Dotty, because she has insulted her (C) Betty may be liable for IIED but only if her conduct caused severe emotional distress to Dotty (D) Betty likely is not liable for IIED unless her actions were considered extreme and outrageous and they caused severe emotional distress to Dotty
- (D)
Generally, if someone wants to buy real property, he/she is looking to buy property in: (A) a life estate. (B) fee simple defeasible. (C) fee tail. (D) fee simple absolute. (E) a concurrent estate.
- (D)
Greg believes that Paul, his girlfriend's ex boyfriend, is trying to ruin Greg's relationship. In a fit of rage, Greg approaches Paul from behind and grabs his shoulder. Paul turns around and hits Greg immediately in the face, knocking out three teeth. The altercation was stopped by Andrew, a bouncer, who grabbed Paul after his punch and physically removed him from the premises. Which of the following is not true: (A) Andrew has committed the tort of battery against Paul (B) Andrew has battered Paul, and assaulted Paul, if Paul had apprehension or fear of immediate bodily harm caused by Andrew's actions (C) Andrew may have battered and assaulted Paul, but Andrew will not be liable for either tort if Andrew's actions were reasonable and proportionate and in defense of another person (D) Andrew committed no tort against Paul
- (D)
Stacey approaches Donna and offers to pay Donna $100,000 if Donna kills Stacey's husband. Donna accepts the offer and takes the $100,000. Which of the following is true: (A) Stacey and Donna have a valid and enforceable contract (B) If Donna fails to kill Stacey's husband, Stacey can sue Donna for breach of contract (C) Donna and Stacey do not have a valid contract due to the statute of frauds (D) Donna and Stacey do not have a valid contract due to an illegality of purpose
- (D)
Steve works for a Pak-Rat Storage, Co. One day, Steve was driving a forklift when he accidentally collided with a car driven by Tom. Tom suffers a severed spleen in the incident, and his injuries forced life-saving surgery. Which of the following is true: (A) Steve may be liable to Tom in negligence, if the contact was intentional (B) Steve may be liable to Tom for battery if the contact was not intentional (C) Steve is not liable to Tom in negligence or battery, since Rat-Pak will be the only responsible party (D) Steve may be liable to Tom in negligence if the contact was an accident, and may be liable to Tom for battery if the contact was intentional
- (D)
Steve works for a Pak-Rat Storage, Co. One day, Steve was driving a forklift when he accidentally collided with a car driven by Tom. Tom suffers a severed spleen in the incident, and his injuries forced life-saving surgery. Which of the following is true: (A) Tom may sue Pak-Rat, under a theory of raconteur, but only if Steve was not on a frolic in the forklift at the time of the accident (B) There is no possible theory under which Tom may sue Pak-Rat, since the theory of limited negligence will prohibit the lawsuit (C) Tom may sue Pak-Rat, but only if the forklift was not registered for use in the storage facility (D) Tom may sue Pak-Rat under a theory of respondeat superior
- (D)
Ted is selling his 1969 Chevy Camaro RS/SS for $30,000. Mark approaches Ted and says "I agree to buy your car for $26,000." Which of the following is true: (A) Mark and Ted have a valid and enforceable contract for the sale of the car for $26,000 (B) Mark and Ted have a valid and enforceable contract for the sale of the car for $30,000 (C) Mark and Ted have a valid and enforceable contract for the sale of the car for $28,000 (D) Mark has made Ted an offer that is subject to acceptance or rejection by Ted, but the parties have not yet entered into a contract
- (D)
Which of the following is correct: (A) the "mirror image" rule prevents a third party from providing the same contract terms as those provided by a party to a contract (B) the "mirror image" rule provides that a counteroffer must be made in substantially the same form as the original offer (C) the "mirror image" rule provides that a contract can only be enforceable if it is for a legal purpose (D) under common law, acceptance of a contract must be a "mirror image" of the offer
- (D)
You are looking to rent an apartment, and you know that your income is too low to qualify for the apartment. You know, however, that you can pay the rent. You decide to "upwardly adjust" by $50,000 your income on the rental application. Which of the following is true: (A) You have not committed a fraud, since you intend on paying the monthly rent (B) You have not committed a fraud, if you are reasonably capable of paying the rent (C) You committed a fraud, but only if the landlord had a more qualified applicant to rent the apartment (D) You committed a fraud
- (D)
Which of the following is an example of a fungible good? (A) A computer (B) A used car (C) An office building (D) A farm (E) A currency
- (E)
Which of the following is commonly known as Superfund? (A) The Resource Conservation and Recovery Act (RCRA) (B) The Surface Mining Control and Reclamation Act (SMCRA) (C) The Toxic Substances Control Act (TSCA) (D) The Clean Air Act (CAA) (E) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- (E)
_____ includes the right of survivorship, but it can only occur between a husband and wife. (A) Community property (B) Quasi-community property (C) A joint tenancy (D) A tenancy in common (E) A tenancy by the entirety
- (E)
what is unjust enrichment?
- A benefit that is conferred or expected to be conferred unjustly.
what is a treasure trove?
- A category of found property consisting of money or precious metals.
what is abandoned property?
- A category of personal property in which the owner has intentionally relinquished the property.
What is mislaid property?
- A category of personal property where the property has been placed by the owner for the owner's later retrieval, but the owner has forgotten where it is.
what is lost property?
- A category of personal property where the property has been unintentionally relinquished by its owners.
what is a quiet title?
- A civil action used to determine title to real property.
what is mass tort?
- A civil tort involving numerous plaintiffs against one or few defendants.
what is a tort?
- A civil wrong, other than breach of contract.
what is restriction on assignment?
- A clause that prohibits parties from transferring the rights conveyed by a contract to another party.
what is race/notice system?
- A combination of race statute and notice statute concepts, where priority is given to the first bona fide purchaser on record when there is a conflicting claim to ownership.
what is a noncompete clause?
- A contract clause that restricts competition for a specified period of time, within a certain geographic region, and for specified activities.
what is a lease agreement?
- A contract for the possessory interest in land. ‹ PreviousNext ›
what is a bilateral contract?
- A contract in which both parties make a promise.
what is unilateral contract?
- A contract in which the accepting party may accept only through an action.
what is a noncompete agreement?
- A contract or clause in a contract limiting the time, place, and scope of future competition.
what is implied-in-fact contracts?
- A contract that arises from the conduct of the parties, rather than through explicit discussion of terms.
what is empress contract?
- A contract where the terms are explicitly discussed among the parties.
what is mandatory arbitration clause?
- A contractual clause that requires the parties to a contract that contains such a clause to submit to mandatory arbitration in the event of a dispute arising under the contract. Mandatory arbitration clauses frequently foreclose any possibility of appealing arbitration awards in court.
what is assumption of risk?
- A defense in which the plaintiff is barred from recovery because the plaintiff voluntarily and knowingly assumed known risks.
what is economic duress?
- A defense to contract that can be exercised when one party had no other reasonable alternative but to enter into a contract due to economic threat or pressure.
what is shopkeeper's privilege?
- A defense to false imprisonment, which allows businesses confronted with potential thieves to detain suspects until police arrive at the establishment.
what is open and obvious?
- A doctrine under which the landowner is protected from liability if an invitee is injured by an open and obvious danger or hazard.
what is joint and several liability?
- A doctrine under which the plaintiff may pursue a claim against any party liable for the claim as if they were jointly liable, and defendants then sort out their respective proportions of liability.
what is due diligence?
- A duty of care imposed on prospective buyers of real property to exercise reasonable judgment or prudence to inspect property for defects.
what is duty to mitigate?
- A duty placed on a party injured by breach, requiring that party to avoid damages by making reasonable efforts.
what is Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?
- A federal statute commonly known as "Superfund," which identifies and cleans up toxic waste sites.
what is fee simple defeasible?
- A form of ownership based on a condition or restriction, the violation of which can result in loss of ownership.
what is fee simple absolute?
- A form of ownership in real property in which the owner has absolute ownership, subject to legal restrictions on usage (e.g., zoning).
what is a legal person?
- A human being or entity, such as a corporation or government, that is recognized as a possessor of certain legal rights.
what is a deed?
- A legal instrument created for the benefit of a beneficiary.
what is a trust?
- A legal instrument created for the benefit of a beneficiary.
what is private law?
- A legally binding agreement between consenting parties that does not apply to the public at large.
What is adverse possession?
- A method of acquiring ownership of the real property of another, which requires several elements to be met.
what is a production?
- A method of acquisition of personal property ownership, which involves creating the property.
what is a purchase?
- A method of acquisition of real property for ownership, involving trade of valuable consideration.
what is a partition?
- A method of dividing real property.
what is uniform commercial code(UCC)?
- A model statute that seeks to provide uniformity to contracts law among the different states. Forty-nine U.S. states have adopted the UCC into their own state laws.
what is uniform commercial code (UCC)?
- A model statute that seeks to provide uniformity to contracts law among the different states. It is not a law until state legislatures adopt it as law.
what is an easement?
- A nonpossessory interest in real property.
what is comparative negligence?
- A partial defense that reduces the plaintiff's recovery by the amount of the plaintiff's own negligence.
what is a beneficiary?
- A person or entity that receives the benefit of a contract, trust, or other legal instrument.
what is a donee?
- A person who receives gifted property.
what is a trespasser?
- A person who voluntarily, intentionally enters the land of another without permission or privilege.
what is life estate?
- A possessory interest in real property measured by the life of the person who has the life interest (grantee).
what is a tenant?
- A possessory ownership or leasehold interest in land.
what is implied covenant?
- A promise the law requires in all contracts, regardless of whether the parties state it or not.
what is a bona fide purchaser?
- A purchaser who takes title in good faith, with no knowledge of competing claims to title.
what is equitable remedy?
- A remedy imposed by the court to prevent injustice, which allows the court to enforce the terms of a "contract," even though, technically speaking, there was no contract to begin with. An equitable remedy can substitute for lack of consideration.
what is Specific performance?
- A remedy that requires complete performance in a breach, rather than (or in addition to) monetary damages.
what is affirmative defense?
- A response by the defendant that raises a justification or excuse for the defendant's conduct.
what is riparian water rights doctrine?
- A right of a property owner adjacent to a water source to use the water and a duty to share that waterway with other property owners adjacent to the water.
what is personal satisfaction
- A standard of performance in a contract that means that the performance under the contract is scrutinized subjectively, either by a party to the contract or by a third-party beneficiary specified in the contract.
What is strict performance?
- A standard of performance in a contract that requires perfect performance.
what is a notice statute?
- A state statutory scheme that recognizes superior rights in real property to the party who acquired the interest first without notice of other claims.
what is race statute?
- A state statutory scheme that recognizes superior rights in real property to the party who records the interest in the property first.
What is a illusory promise?
- A statement that looks like a promise but is actually only an illusion of a promise due to its conditional nature or its otherwise lack of a firm commitment.
what is a statute of frauds?
- A statute that requires certain types of contracts to be in writing to be enforceable.
what is statue of frauds?
- A statute that requires certain types of contracts to be in writing to be enforceable.
what is a tenancy at will?
- A tenancy for no particular fixed period of time and subject to termination at will by either the landlord or the tenant.
what is tenancy for years?
- A tenancy that lasts for a particular, specified period of time.
what is a tenancy at sufferance?
- A tenancy that occurs when a tenant remains on the property after the right of possession has ended and without the landlord's consent.
what is periodic tenancy?
- A tenancy that simply runs for a particular period of time and then automatically renews if it is not terminated by the landlord or the tenant.
what is an estate?
- A term that refers to ownership interests.
what is nuisance?
- A tort in which the tortfeasor unreasonably interferes with the use and quiet enjoyment of the plaintiff's real property.
what is acceleration clause?
- A type of clause that accelerates all payments due under the contract on breach.
what is a liquidated damages clause?
- A type of clause that sets the amount of damages in the event of breach.
what is requirements contract?
- A type of contract upheld by the UCC where the quantity term is not specified but rather is expressed in terms of requirements.
what is promissory estoppel?
- A type of equitable remedy that may be imposed on parties to avoid injustice, when one party detrimentally relied on another party's promise.
what is quasi-contract?
- A type of equitable remedy that may be imposed on parties to avoid unjust enrichment to one party at the expense of the other.
what is tenancy by the entirety?
- A type of joint tenancy that can only occur between a husband and wife.
what is reverse mortgage?
- A type of mortgage that enables the seller of real property to realize the equity in the property while retaining possession until death, in exchange for ownership interest.
what is intentional tort?
- A type of tort where the defendant acts with intent to cause a particular outcome.
what is covenant?
- A voluntary restriction on the owner's use of land.
what is a prior appropriation doctrine?
- A water allocation scheme that grants the rights to water to the first who uses the water.
what is a mailbox rule?
- Also known as the deposited acceptance rule, the mailbox rule means that an acceptance is valid and effective when the offeree deposits the acceptance in the mail.
what is contributory negligence?
- An absolute defense in situations where the plaintiff contributed to his or her own injuries.
what is proximate causation?
- An act from which an injury results as a natural and direct consequence.
what is ultra hazardous activity?
- An activity so inherently dangerous that those who undertake the activity and cause injuries are strictly liable.
what is novation?
- An agreement that transfers all rights and duties to a new party to the contract and releases the previous party from any further obligation arising from the original contract.
what is bailment?
- An arrangement in which the rightful possessor of personal property gives the property to someone who has agreed to hold the property and who has a duty to return it.
What is the exculpatory clause?
- An express limitation on potential or actual liability arising under the subject matter of the contract.
what is assault?
- An intentional, unexcused act that creates in another person a reasonable apprehension or fear of imminent harmful or offensive contact.
what is a reasonable person standard?
- An objective standard based on reasonableness, against which actions are measured to determine sufficiency.
what is a disaffirm?
- An option that may be exercised by a minor who is a party to a contract to render the contract void.
what os automatic stay?
- An order by the court to stop all collection activities of prepetition debts owed by a debtor in bankruptcy.
what is tenancy in common?
- An ownership interest in which all owners have an undivided interest in the property, equal rights of possession, and a devisable interest.
what is joint tenancy?
- An ownership interest in which the surviving owner has the right of survivorship.
what is a devisable?
- An ownership interest that may be transferred upon death.
what is force majeure?
- An unforeseen act of God such as earthquake, hurricane, volcanic eruption, tsunami, etc., that prevents one or both parties from fulfilling their obligations under the contract.
what is attractive nuisance?
- Any item or condition on a property that would be attractive and dangerous to children, even if the children are trespassing.
what is goods?
- As defined in §2-105 of the Uniform Commercial Code (UCC), things that are moveable, but not money or securities. It does not include land or houses.
what is conversion?
- Civil tort of stealing property from another person.
what is compensatory damages?
- Compensation for actual injuries suffered by a plaintiff.
what is a warranty deed?
- Conveys title and a warranty against defects in title, and states that there are no undisclosed encumbrances.
what is respondent superior?
- Doctrine that holds employers liable for tortious acts committed by employees while acting within the scope of their employment.
what is terms?
- Elements of contracts that specify important matters, such as quantity, price, and time for performance.
what is intentional infliction of emotional distress (IIED)?
- Extreme and outrageous conduct (measured objectively) that intentionally or recklessly causes severe emotional distress to another.
true or false: A contract is enforceable if it cotnains a promise for one person to do something.
- False
what is complete performance?
- Full and perfect performance of the promises, obligations, and duties contained in a contract.
what is false light?
- Giving publicity to a matter concerning someone that places that person in a false light, which is offensive to a reasonable person.
what is an offer?
- In common law, it creates the power of acceptance in another party and includes the agreement's essential elements, which must be definite and certain.
what is mutual assent?
- In common-law contracts, comprises offer and acceptance.
what is formation?
- In common-law, this refers to offer, acceptance, and consideration
what is gap filters?
- In contracts governed by the Uniform Commercial Code (UCC), terms that can be inserted into a contract when those terms are not definite and certain.
what is tortious inference?
- Intentional damage of another person's valid contractual relationship.
what is trespass to land?
- Intentional entry to land owned by another without a legal excuse.
what is intrusion?
- Intentional intrusion on the seclusion or solitude of another in private matters, and that the intrusion is offensive to a reasonable person, and has caused mental anguish or distress.
what is misappropriation?
- Intentional use of another's name, likeness, or identifying characteristic without his or her permission.
what is a conversion?
- Intentional, substantial interference with the chattel of another.
what is battery?
- Intentional, unconsented, unwanted, or offensive contact.
what is false imprisonment?
- Intentionally confining or restraining another person's movement without justification.
what is invasion of privacy?
- Intentionally confining or restraining another person's movement without justification.
what is real property?
- Land, and certain things that are attached to it or associated with it.
what is strict liability in regards to torts?
- Liability imposed in certain situations without regard to fault or due care.
what is run with the land?
- Means that restrictions on real property will apply to subsequent owners of the real property.
what is punitive damage?
- Money awarded to the plaintiff when the defendant acts wantonly, to punish the defendant and to deter future wrongdoing.
what is a chattel?
- Moveable, tangible personal property.
what is malpractice?
- Negligence committed by certain professionals.
what is negligence per se?
- Negligence due to a criminal violation.
what is puffery?
- Promotional statements expressing subjective views.
what is private property?
- Property owned by someone or something that is not the government.
what is personal property?
- Property that is not real property.
what is fungible?
- Property that is not uniquely identifiable and is subject to easy mutual substitution.
what is public property?
- Property that is owned by the government.
what is injurious falsehood (or trade disparagement)?
- Publishing false information about another person's product.
what is defamation?
- Publishing or saying untrue statements about a living person that harms his or her reputation.
what is self defense?
- Reasonable and proportionate force to defend oneself from harm or injury.
what is defense of others?
- Reasonable and proportionate force used to defend another person from harm or injury.
What is gross negligence?
- Reckless disregard of a duty (in bailment).
what is a void?
- Refers to a contract that is not valid on its face because it suffers from some fatal flaw.
what is voidable?
- Refers to the status of a contract that may be terminated due to some defect.
what is subsurface or mineral rights?
- Rights beneath the actual surface of land, including rights to the minerals found there.
what is an invitee?
- Someone who has entered real property by invitation.
what is licensee?
- Someone who has permission to be on the land.
what is bailee?
- Someone who is in the possession of someone else's property, and who agrees to accept the property and has a duty to return it.
what is a bailor?
- Someone who is in the rightful possession of property who gives the property to someone else to hold.
what is tangible property?
- Something that can be touched.
what is fixture?
- Something that used to be personal property but has become attached to the land so that it is legally a part of the land.
what is dram shop acts?
- State laws establishing strict liability for taverns, bars, and restaurants for serving alcohol to minors or visibly intoxicated persons who then cause death or injury to others.
what is good Samaritan law?
- State laws that shield those who aid the injured from negligence liability.
what is property?
- Tangible and intangible items that can be owned.
what is an assignment?
- The ability to transfer rights conveyed by a contract to another party.
what is an ouster?
- The actual or constructive eviction of a lawful tenant.
what is negligence?
- The breach of the duty of all persons, as established by state tort law, to act reasonably and to exercise a reasonable amount of care in their dealings and interactions with others.
what is fraud?
- The misrepresentation of facts (lying) with knowledge they are false or with reckless disregard for the truth.
what is a quantum meruit?
- The name for damages awarded in quasi-contract cases, which means "as much as is deserved."
what is a landlord?
- The owner of real property who leases the possessory interest to a tenant.
what is a title?
- The ownership rights in property.
what is the right of survivorship?
- The power of a successor to acquire ownership interest in property upon the death of a joint tenant.
what is a mirror image?
- The requirement for acceptance in common-law contracts; it means that the acceptance must be precisely the same as the offer.
what is revocation?
- The retraction of an offer before it is accepted.
what is ownership?
- The right to possess, and the right to exclude others from use or possession.
what is substantial performance?
- The standard for service contracts. It means that the performing party acted in good faith and conveyed enough benefit of the contract to the other party so that the other party can use it for its intended purpose and that the defects arising under the contract may be remedied by money damages.
what is intent?
- The tortfeasor intended the consequences of his or her act, or knew with substantial certainty that certain consequences would result from the act the tortfeasor intended.
what does evict mean?
- To remove a possessor from land.
what is strict product liability?
- Under strict product liability, manufacturers, distributors, and retailers are strictly liable for injuries caused by unreasonably dangerous products.
what is performance?
- Undertaking the legal duties imposed on us by the terms of the contract.
what is Trespass to chattel or personal property?
- Unlawful taking or harming of another person's property without the owner's permission.
what is invitation to bargain?
- When a party invites others to make offers to buy; advertisements are a prevalent example.
what is discharged?
- When parties to a contract have fulfilled their duties under the contract and they are released from further requirements to perform under the contract.
what is escheat?
- When the state gains ownership of property when there is no owner, such as when a decedent has property but no heirs.
what is consideration?
- a bargained-for exchange
what is a reversion interest?
- a future interest in real property
what is infancy doctrine?
- a legal doctrine that allows minors to disaffirm contracts
what is a contract?
- a legally enforceable promise
what is tortfeasor?
- a person who commits a tort
what is leasehold interest?
- a possessory interest in real property
what is a counteroffer?
- a rejection of an offer. it is a new offer
what is real estate?
- a term that refers to real property
what is a gift?
- a voluntary transfer of property
what is damages?
- compressible loss
what is malice?
- conscious, intentional wrongdoing
true or false: A force majeure is any act that prevents one or both parties from performing under the terms of a contract
- false
true or false: Best Buy lists a Sony 42 inch LED TV for sale for $399 in its Sunday Advertisements. The advertisement lists that the television is available for purchase at any Best Buy location. Best Buy has made an offer to sell this TV that you may accept.
- false
true or false: Compensatory damages are intended to punish the defendant for gross and wanton negligence
- false
true or false: Contracts are a form of public law, since their terms are binding on the public at large
- false
true or false: Jack ignores a "Caution-Slippery Floor" sign and decides to run down a store aisle. Jack slips and hits his head, causing severe bodily harm. Jack may recover from the store owner for his fall, despite his actions to ignore the open and obvious danger
- false
true or false: Puffery is a misrepresentation in an advertisement that will expose a business making the statement to liability for fraud or misrepresentation
- false
true or false: The Statute of Frauds requires all types of contracts to be in writing to be enforceable.
- false
true or false: libel is a spoken form of defamation?
- false
true or false: malice is any inadvertent wrong doing
- false
what is acceptance?
- in common law, it must be a mirror image of the offer
what is strict liability?
- liability without fault
what is slander?
- oral form of defamation
what is an intestate?
- person dies without a will
what is parol evidence?
- statements or actions that are not captured within the four corners of the contract
what is delegation?
- the ability to transfer duties imposed on a party by a contract to another party.
what is breach?
- the failure to perform duties and obligations required by contract
what is capacity?
- the legal ability to enter into a contract
what is integrated?
- the legal assumption made about contracts that they contain the entire expression of the parties' agreement
what is a disclaim?
- to renounce
True or false: Consideration is the bargained-for exchange of value in a contract.
- true
true or false: A "voidable" contract refers to a contract that may be terminated due to a defect (such as capacity issues).
- true
true or false: A landowner has a duty not to intentionally injure a trespasser.
- true
true or false: A partition is a method of dividing real property.
- true
true or false: A tortfeasor is a party who commits a tort
- true
true or false: An involuntary bailment is created when someone finds lost property.
- true
true or false: Considering something to be a quasi-contract is an equitable remedy that courts may impose on a party to prevent that party from being unjustly enriched at another party's expense
- true
true or false: Defamation is the act of wrongfully hurting a living person's good reputation
- true
true or false: Property refers to tangible and intangible items that can be owned.
- true
true or false: Real property is land, and certain things that are associated with it.
- true
true or false: Sol owns McGrivener's Tavern, where Al has been drinking all day and night. Al is clearly inebriated, but the multiple bartenders at McGrivener's continue to serve him. Al leaves McGrivener's and hits Dan, a sober patron of McGrivener's (a pedestrian), while Al is driving home. Under a "Dram Shop Act" McGrivener's may be liable for Dan's injuries
- true
true or false: Specific performance is a remedy through which a Court may require a party to perform the duties under a contract, rather than pay monetary damages
- true
true or false: The primary purpose of retailers such as Wal-Mart is to sell personal property.
- true
true or false: To be successful under the doctrine of adverse possession, the possession must be, amoung other things, continuous.
- true
true or false: libel is a written form of defamation
- true
what is good faith?
- without deception; honest
what is libel?
- written form of defamation
what is legal purpose?
-An essential element of contract formation. The subject matter of a contract must have lawful purpose consistent with public policy. If the subject matter of a contract does not have a legal purpose, contract formation will fail.
what is a donor?
-a person who gifts property
