BLAW 3305 BAYLOR REID EXAM 2
Infliction of Emotional Distress
"extreme and outrageous" conduct intentionally or recklessly causing severe emotional distress - in Texas, no tort for recklessly causing emotional distress - no physical injury required (Symptoms)
Respondeat Superior
"let the superior respond." This is a form of liability without fault and is based on the rationale that a person who carries out business activities through the use of employees should be liable for their tortious conduct in carrying out those business purposes.
Fair labor standards act
"wage and hour" law - Minimum Wage: increases periodically - Overtime: if work over 40 hours per week, get 1 1/2 times normal pay - Child Labor Restrictions: no one under 14, plus other restrictions
Convey Marketable title
-implied obligation to provide -title is free from encumbrances (mtgs, liens, easements, leases, restrictive covenants) -No defects of chain title - no events that would deprive seller of title, adverse possession, eminent domain) - can get title insurance to indemnify if any defects or do title search (examination) to find defects
Termination of Agency Relationship by acts of parties
-lapse of time -fulfillment of purpose -mutual agreement -Termination by One Party --Revocation of authority - by P -----But if Agency Coupled with an Interest, P cannot revoke --------ii.Renunciation - by A
activities giving rise to strict liability
1 performing abnormally dangerous activities 2. keeping animals 3. selling defective, unreasonably dangerous products
Fundamental Rules of Contractual Liability
1) a disclosed principal and the third party are contractually bound if the agent acts within her actual or apparent authority in making the con-tract; 2) a partially disclosed principal and the third party are contractually bound if the agent acts within her actual or apparent authority in making the contract; 3) an undisclosed principal and the third party are contractually bound if the agent acts within her actual authority in making the contract unless the principal is excluded by the terms of the contract or his existence is fraudulently concealed; 4) no principal is contractually bound to a third party if the agent acts without any authority, unless a disclosed or partially disclosed principal ratifies the contract.
3 types of Strict Liability
1. "Abnormally dangerous activities" 2. Animals 3. Products Liability
What are the elements that determine when a tort has occured?
1. A duty is owed by one person to another 2. The duty is breached by conduct of the defendant 3. Proximately causing (caused in fact and forseeale) 4. Some kind of injury or harm or damage
Tort occurs when you have these elements:
1. A duty is owed by one person to another 2. The duty is breached by conduct of the defendant 3. Proximately causing which has two parts: - Was the harm "caused in fact" by the action of the defendant AND - Is it foreseeable that the harm would occur? 4. Some kind of injury or harm or damage (to person, property, economic interest, reputation) for which the plantiff may get actual or sometimes punitive damages
3 Types of Defenses or Privileges:
1. Absolute privilege 2. Conditional privilege 3. Constitutional privilege
What are defenses to defamation?
1. Absolute privilege - court proceedings, members of Congress on floor, executive branch officers, statements between spources 2. Conditional - not on exam 3. Constitutional privilege - freedom of speech and press issues
What are the types of strict liability?
1. Animals 2. Products
What are the torts that inflict harm to a person?
1. Battery - intentional infliction of harmful or offensive bodily contact. 2. Assault - fear of infliction of apprehension of immediate bodily harm 3. False imprisonment - intentional interference with a person's freedom of movement by unlawful confinement 4. Infliction of emotional distress - extreme and outrageous conduct
Defenses of Discrimination:
1. Bona Fide seniority or merit system 2. Professionally developed ability test 3. Bona fide occupational qualification (BFOQ) (except NA for race) 4. Business necessity
How can a will be revoked?
1. By testator at any time 2. Destruction or alteration 3. Subsequent will 4. Codicil (addition or revision of will) 5. Marriage 6. Birth of a child 7. Renunciation by surviving spouse
Termination of Agency Relationship
1. By the Acts of the Parties 2. By Operation of Law ("Automatically)
Formation of Agency Relationship:
1. Can be informal or formal (contract; power of attorney) --> document saying that someone is an agent and the can sign document alone 2. Always is consensual 3. Consideration not required (gratuitous agency) 4. Statute of Frauds 5. Capacity
What are the principal's duties to the agent?
1. Compensation 2. Reimbursement 3. Indemnification 4. Tort duties
Principal's Duties to Agent - start with duties per agreement, plus
1. Compensation - per contract, or reasonable value 2. Reimbursement - for authorized payments made by A for P. EX: travel expenses of sales rep 3. Indemnification (means "pay you back") - for losses agent incurred while acting for P, such as if sued for tort 4. Tort Duties: Safe working conditions if ee; Disclosure and warn
2 Defenses of Causation:
1. Contributory negligence 2. Comparative Negligence
Termination of Agency Relationship - By Operation of Law ("Automatically")
1. Death of P or A 2. Incapacity of P or A (unless 'durable power of attorney') --> Agee has this on her husband 3. Loss of destruction of subject matter 4. Change in circumstances - A finds out value of subject matter or change such that P would probably not want A to act further 5. Disloyalty of A - automatically ends A's authority 6. Change of Law - if requested action w/b criminal or illegal 7. War - if P and A would be enemies
What are the torts that inflict harm to dignity?
1. Defamation 2. Appropriation 3. Intrusion 4. Public disclosure of private facts 5. False light [Look at figure 7-1 for a good way to study differences]
Contract liability (see chart)
1. Disclosed Principal 2. Partially Disclosed Principal 3. Undisclosed Principal
3 Types of Discrimination
1. Disparate Treatment 2. Present Effects of past Discrimination 3. Disparate Impact
What are three types of discrimination?
1. Disparate treatment - intentionally discriminating 2. Present effects of past discrimination - using a promotion system based of seniority, but minority had not been hired in past so can't be promoted 3. Disparate impact - neutral rules that adversely affect a protected class and are not justified as being necessary to the business.
What are two kinds of agency relationships?
1. Employer-employee 2. Principal-independent contractor
What are the two parts of causation (proximate cause) in regards to negligence?
1. Factual cause or causation in fact 2. Scope of liability (foreseeability) - defendant will not be liable if he could not have anticipated injuring the plaintiff.
What are the elements of defamation?
1. False and defamatory statement 2. Unprivileged publication to a third party 3. Depending on defendant, negligence or recklessness on failing to ascertain falsity of statement.
Two Types of Freehold Estates
1. Fee Estate 2. Life Estate
Formalities of Will
1. Generally must be in writing - any writing at all 2. must be signed by testator (or someone else in T's presence & on his behalf) 3. Must be attested to by a witness - certified, usually 2 or 3; cannot benefit under will if witness
Tort Liability (negligence, intentional torts)
1. If P directs A to commit a tort, then P is directly liable 2. If A is an ee, then P may be vicariously liable based on legal doctrine of Respondent Superior, because P had the right to direct the actions of the A. However, P would be able to collect $ from A for damages (theoretically!) 3. If A is an independent contractor, then P probably not liable since cannot closely control actions of A 4. P can also be liable for negligently hiring, instructing, supervising, or controlling the agent
Reasonable Person Standard is Modified IF:
1. If a child is negligent - consider age, intelligence, and experience of child. What would a reasonable child do under the circumstances? 2. If a person has a physical disability - must conform to conduct of a reasonable person with a similar disability 3. If a person has a mental deficiency - NOT the same as physical disability; must conform to conduct of a reasonable person without considering mental deficiency 4. If a person has a superior skill and/or knowledge - results in increased duty. Not issue of what would a reasonable person do, but what should the doctor, pilot, architect, do 5. Emergency situation - may modify reasonable person standard. What would a reasonable person do in that emergency? 6. Violation of statute
Notice Required for Termination:
1. If death or incapacity of P, do not have to notify TP's 2. If terminates by acts of parties, to end apparent authority must give: - Actual Direct Notice: if TP had dealt with A previously or been 'especially accredited' - This means the P must give TP actual direct notice - Constructive Notice: to everyone else (newspaper ad, send a letter)
What are the three torts dealing with harm to economic interests?
1. Interference with contractual relations - intentionally causing one of the parties to a contract not to perform 2. Disparagement - publication of false statements about another's property or products 3. Fraudulent misrepresentations - false statement made with knowledge of its falsity, intended to induce another to act.
Termination of Agency Relationship - By Acts of the Parties
1. Lapse of Time - if specified, or reasonable 2. Fulfillment of Purpose - A did whatever P engaged him to do 3. Mutual Agreement - consensual, so can agree to end anytime 4. Termination by One Party - Revocation of authority - by P - Renunciation - by A
What are the several ways an agency agreement can end?
1. Lapse of time 2. Fulfillment of purpose 3. Mutual agreement 4. Termination by one party 5. Death 6. Incapacity 7. Loss or destruction of subject matter 8. Change in circumstances 9. Disloyalty of Agent 10. Change in law 11. War
Two types of defamation:
1. Libel: defamation communicated by writing, TV, Radio, etc. 2. Slander: oral defamation
What are the requirements of a will?
1. Must be in writing 2. must be signed by the testator 3. Must be attested to by witnesses
What are fiduciary duties that the agent must follow?
1. No conflicts of interest 2. No self-dealing 3. Duty not to compete 4. Confidential information 5. Account for financial benefits (bribes, kickbacks, and gifts)
What are the special types of wills?
1. Nuncupative will - unwritten oral will that is made before witnesses 2. Holographic will - entirely testator's handwriting 3. Soldiers' and sailors' will - relax testamentary requirements 4. Living wills - person specifies no extraordinary medical treatment to preserve life.
Agent's Duties to Principal - start with duties per agreement, plus
1. Obedience - as authorized by P + reasonable instruction/direction 2. Performance/Diligence - use reasonable skill and care 3. Account - $/property expended by A for P 4. Inform/Notification - notice to A is construed as notice to P 5. Fiduciary duties: utmost loyalty and good faith ** Includes: No conflicts of interest, No self-dealing, Duty not to compete, Confidential information, Account for financial benefits - including bribes, kickbacks, and gifts
What are the agent's duties to the principal?
1. Obedience: must do whatever the principal whatever the principal asked 2. Performance: must performance with reasonable skill/care and diligence 3. Account: needs to account for what happens to money or property 4. Inform: notify principal of everything 5. Fiduciary: act in good faith
Even if the A does NOT have actual authority, the P will be bound by the contract because the P was at fault in creating the confusion! Examples:
1. P appoints A to position but limits scope so A cannot do customary acts of that position 2. P gave A authority for specific transaction, but doesn't tell TP if changed 3. P allow A to do similar transactions 4. A shows TP a document from P authorizing A to do transaction 5. A terminated, but TP does not have actual or constructive knowledge of termination
Two Acts that add to Title VII
1. Pregnancy Discrimination Act of 1978 2. Equal Employment Opportunity Commission (EEOC)
Types of Agency Relationships:
1. Principal-Agent 2. Employer-Employee 3. Principal-Independent Contractor
What does the Title VII of the Civil Rights Act of 1964 cover?
1. Race 2. Color 3. Gender 4. Religion 5. Natural origin **Not age or disability!!!
Duty to Act - generally NONE except in certain circumstances:
1. Special Relationships: by agreement (babysitter; parent/child; er/ee), and other situations such as common carrier, innkeeper, employer to employees, school to students, landlord to tenants for common areas, business open to public, custodian to those in custody 2. If you create the danger
When would you have a duty to act under negligence?
1. Special relationships (parent/child) 2. If you create the danger
Elements of False Imprisonment
1. The defendant forcibly, by threat, or secretly confined, abducted, imprisoned or restrained the victim against his or her will. 2. The defendant had no lawful authority.
Main Kinds of Deeds
1. Warranty Deed: BEST ONE! Grantor transfers property to grantee and promises he has valid title with no defects 2. Special Warranty Deed: Grantor transfers property & but only promises HE has not impaired title (divorce) 3. Quit Claim Deed: Seller transfers whatever interest (IF ANY) he has in the property - no promises at all against defects in title, or that he even owns the property
What are two conditions when agency agreements need to be in writing?
1. Work takes longer than a year to complete 2. Real estate
tort occurs with 3 elements
1. a duty is owed by one person to another 2. duty is breached by conduct of defendant 3. proximate causing -harm "caused in fact" and "forseeable" -
Defenses to Discrimination
1. bona fide seniority or merit system 2. professionally developed ability test 3. bona fide occupational qualification
Authority to manage business usually includes implied authority to:
1. buy and sell property for P 2. make contracts reasonable for business 3. get equipment, supplies 4. make repairs 5. employ, supervise, discharge ees 6. take payments, pay debts of business 7. direct ordinary operations of business
what all is necessary for formation of agency relationship
1. can be informal or formal 2. consensual 3. consideration not required "gratuitous agency" 4 Statute of Frauds - usually can be oral agreement but sometimes contract law requires a writing 5. capacity
when is a foreign state not immune from jurisdiction of US
1. commercial activity carried on in the U.S. by foreign state 2. act performed in the U.S. in connection with a commercial activity of the foreign state carried on elsewhere 3. commercial activity of a foreign state carried on outside the US that causes a direct effect in the US
What are the elements of negligence?
1. duty to use reasonable care 2. breach duty of care 3. proximate cause 4. harm or injury
Elements of Defamation:
1. false and defamatory statement concerning another 2. unprivileged publication (communication) to a third party 3. depending on defendant, negligence or recklessness on failing to ascertain falsity of statement
elements of defamation
1. false and defamatory statement concerning another 2. unprivileged publication to a third party 3. depending on defendant, negligence or recklessness on failing to ascertain falsity of statement
periodic tenancy
A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year.
What is an agency?
A legal relationship where an agent acts on behalf of a principal.
affirmative action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Compensations
A principal has a duty to compensate her agent unless the agent has agreed to serve gratuitously.
Tort Duties
A principal is under a duty to disclose to an agent those risks involved in the agency, of which the principal knows or should know.
Reimbursement
A principal is under a duty to pay back authorized payments the agent has made on principal's behalf.
Indemnification
A principal is under a duty to pay the agent for losses incurred while acting as directed by principal.
indemnification
A principal is under a duty to pay the agent for losses incurred while acting as directed by principal.
Revocation of Authority
A principal may revoke an agent's authority at any time by giving the agent notification of revocation.
Unauthorized Acts of Agent
A principal who conducts activities through an employee or other agent is liable for harm resulting from the principal's negligent or reckless conduct in hiring, instructing, supervising, or controlling the employee or other agent, or where the principal either knew or should have known that the agent was violent or aggressive.
Disclosed Principal
A principal whose identity is known to a third party at the time the agent makes a contract with the third party.
Partially Disclosed Principal
A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract.
partially disclosed principal contract
A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract. Whether the particular transaction is authorized or not, an agent for a partially disclosed principal is liable on the contract to the third party. If the agent is authorized to make the contract, then both the agent and the partially disclosed principal are liable.
Undisclosed Principal
A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract.
General rule for acceptance
Acceptance is effective upon dispatch, method of acceptance must conform to offer
The legal doctrine that prohibits the courts of one country to sit in judgment of the acts of another government done within its own territory is called _____________
Act of State Doctrine
Affirmative action
Activities undertaken by businesses to recruit and promote members of groups whose economic progress has been hindered through either legal barriers or established practices
Types of Authority
Actual and Apparent
Subsequent illegality
After offer made, purpose or subject becomes illegal; terminates offer
delegation of authority
Agent cannot generally delegate his authority to act for Principal unless Principal consents
Duty of Diligence
Agent must use reasonable skill & care
Covenant not to compete
Agree not to enter into a certain trade, profession, or business (time is up to two years and 100 mile radius)
Implied contract
Agreement inferred from conduct of parties (ex. haircut, doctor, ordering food)
Employer-Employee Relationship
All employees are agents, but all agents are not employees; considered to be employee if Principal (employer) has HIGH degree of control over Agent (employee)
Personal Property
All property not classified as real property
Family & Medical Leave Act
Allows employees of government agencies and companies with more than fifty employees to take up to three months of unpaid leave during or after a pregnancy.
Consideration
An act or forbearance to act, promise to do either; ensures promises are enforced where parties have exchanged something of value
negligence per se
An action or failure to act in violation of a statutory requirement.
tort liability of agent
An agent is personally liable for his torts that injure third persons, whether or not the principal authorizes such acts and whether or not the principal may also be liable.
duty to Inform
An agent must use reasonable efforts to give the principal information that is relevant to the affairs entrusted to her and that, as the agent knows or should know, the principal would desire to have.
rights of agents against third persons, disclosed principal
An agent who makes a contract with a third person on behalf of a disclosed principal usually has no right of action against the third person for breach of contract, because the agent is not a party to the contract.
Fellow Servant Rule
An employer's defense to liability for an employee's injury where the injury occurred on the job and was caused by the negligence of another employee.
freehold estate
An estate in land in which ownership is for an indeterminate length of time, in contrast to a leasehold estate.
estate for years
An interest for a certain, exact period of time in property leased for a specified consideration.
tenancy at will
An occupation of space for an indefinite period which can be terminated by either the lessor or lessee at any time.
Mutual assent
An offer and acceptance
Age Discrimination in Employment Act of 1967
Bans age discrimination for jobs; normally covers age over 40
UCC Acceptance
Battle of the forms, different terms can become part of contract
Auctions
Bid constitutes the offer in this type of event
Preliminary negotiations
Bid constitutes the offer, anything before that does not
Contract
Binding agreement that the courts will enforce
Defenses against discrimination
Bona fide seniority, professionally developed ability test, bona fide occupational qualification, business necessity
When the agent has apparent authority and the principal is partially disclosed, who is bound to the third party?
Both are bound but the agent must indemnify the principal if the principal gets sued.
Mutual mistake
Both parties have common but erroneous belief forming the basis of the contract (must be of material fact, voidable)
When the agent has actual authority and the principal is undisclosed, who is bound by the agreement with the third party?
Both the principal and agent are bound. If the agent gets sued, the principal must reimburse the agent.
Unilateral mistake
By one party, courts not likely to give relief unless should have been known by other party
If you do not specify a particular law, and both the US and the foreign country have adopted the CISG, then which law would apply, the UCC or the CISG?___________________
CISG
International contracts have differences in language, customs, legal systems and currency that can cause confusion. Also, the laws applicable are different. For international contracts for the sale of goods (not consumer goods) what law applies and do you get perfect tender? ______________________________.
CISG, no perfect tender
Revocation
Can be withdrawn anytime before acceptance; effective when received
Liability for necessities
Can disaffirm contract, but minor is liable for reasonable value
Liability for misrepresentation of age
Can still disaffirm contract if lie, liable for their torts so will pay for damages
Presume you are purchasing goods from a foreign exporter. What clause can you put in your contract that specifies which law you want to apply to the transaction? ________________
Choice of Law
Sources of law
Common law (state) and UCC article 2
Principal's Duties to Agent
Compensation - per contract, or reasonable value b.Reimbursement - for authorized payments made by A for P --Ex: travel expenses of sales rep c.Indemnification - for losses agent incurred while acting for P, such as if sued for tort d.Tort duties: Safe Working Conditions if ee; Disclose and Warn
What goods are NOT included in the above contract law? ___________________
Consumer goods, electricity, and ships
Leasehold Estate
Contract for use and poss'n of land; grants an estate in land
Leasehold Estates
Contract for use and possession of lance; grants an estate in land; Landlord - has reversionary interest in property; provides quiet enjoyment; can't discriminate Tenant - has temporary use and possession of land; cannot destroy; can be evicted, if wrongfully abandons
Executed contract
Contract has been fully performed by the parties
Executory contract
Contract not yet fully performed
Release (settlement of claims)
Contract that bars any further recovery beyond terms stated in agreement, enforceable if supported by consideration
Minors
Contracts are voidable at option of them, can be disaffirmed
What is the difference between contributory and comparative negligence?
Contributory negligence is when even a small percentage of fault can bar plaintiff recovery. One exception is a last clear chance (if defendant could avoid injury). Comparative negligence is when damages are allocated based on percentage found by jury. If the plaintiff's percentage is more than the defendant's, the plaintiff can't recover anything.
Adequacy of consideration
Courts will not inquire, parties have freedom of contract as they please
Dianna tells Ray that he may sell her stereo for her. Ray's authority is: a. express authority. b. actual authority. c. implied authority. d. (a) and (b), but not (c).
a. express authority.
apparent authority
authority is power that arises out of words or conduct of a disclosed or partially disclosed principal that, when manifested to third persons, reasonably induce them to rely upon the assumption that actual authority exists. When there is apparent authority but not actual authority the principal is still bound by the act of the agent.
Workers Compensation
The compensation provided for employees who are injured on the job regardless of who was responsible for the accident.
How is a superseding cause different from an intervening cause?
The defendant will not be liable for a superseding cause (defendant leaves open pit on sidewalk and someone is pushed into it). However, they would be liable for an intervening cause because it is foreseeable (leaving open pit on sidewalk and someone falls because it is dark).
duty of care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
Tort Liability
The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused
remainderman
The person who has an estate in remainder. alex gets it for life and then mario, mario is remainderman
Contract Liability of Principal
The power of an agent is the ability to change the legal status of the principal. An agent has the power to bind his principal whenever he has actual or apparent authority.
quiet enjoyment
The right of an owner or lessee legally in possession of property, to uninterrupted use of the property without interference from the former owner, lessor or any third party claiming superior title.
Duty of Obedience
This duty requires an agent to act in the principal's affairs only as authorized by the principal and to obey all reasonable instructions and directions of the principal.
respondeat superior
This means "let the superior respond." This is a form of liability without fault and is based on the rationale that a person who carries out business activities through the use of employees should be liable for their tortious conduct in carrying out those business purposes.
What four unities does joint tenancy need to be created?
Time, title, interest, and possession.
When do US employment laws apply abroad?
Title VII, ADA, and Age discrimination act apply to U.S. Citizens employed abroad by U.S. Employers or by foreign companies controlled by U.S. employers
What is the duty to an invitee?
To Use Reasonable Care to PROTECT against Dangerous conditions the Possessor Should know of but Invitees are Unlikely to Discover ("Inspect & Protect")
What is the duty of a Licensee?
To WARN of Known Dangerous Conditions that Licensees are UNLIKELY to discover
What is the purpose of civil actions?
To compensate for harm, not to punish the wrongdoers. It is brought by individuals, not government and is civil, not criminal law
conditional privilege (defamation)
To protect own legitimate interest
Sale of Property
Transfer of property for consideration. Parties intend to pass property. Transfer of possession NOT required.
Gifting Property
Transfer of property without consideration
What are the two types of harm to personal property?
Trespass and Conversion
What are the two types of harm to real property?
Trespass and Nuisance
What is the difference between trespass and conversion dealing with personal property?
Trespass is taking someone else's property without permission, while conversion is exercising control over another's personal property
What is the difference between trespass and nuisance torts dealing with real property?
Trespass is wrongfully entering land, while nuisance is a non-trespassory interference with someone's enjoyment of land.
Personal Property (anything not real property) -
Trespass: intentional taking or using of another's property (without permission); must pay damages for unauthorized use Conversion: intentional exercise of control over another's personal property; must pay for value of property, not use just of it * extreme trespass * converting the property to yourself
T/F: A defendant whose own negligence created an emergency situation is liable for the consequences of this conduct even though the defendant acted reasonably in the resulting situation.
True
T/F: A fee simple estate is created by any words which indicate an intent to convey absolute ownership.
True
T/F: A fixture is personal property which is so firmly attached to real property that an interest in it arises under real property law.
True
T/F: A gift must be completed by delivery to be effective.
True
T/F: A letter of credit transaction is an effective means of managing the risks of international trade and involves three or four different parties and three underlying contracts.
True
T/F: A person may be falsely imprisoned only if he is aware of the confinement.
True
T/F: A person may be liable for trespass to personal property even though he causes no actual damage to the property itself.
True
T/F: A person may be liable for trespass to real property even though he causes no actual damage to the property itself.
True
T/F: A person with a mental deficiency will be held to the same reasonable person standard as a person of normal intelligence.
True
T/F: A plaintiff who has proved all the required elements of a negligence action may nevertheless be denied recovery.
True
T/F: A power of attorney is a formal appointment of an agent.
True
T/F: A principal is under no duty to reimburse his agent for unauthorized expenses the agent incurs.
True
T/F: A principal may be liable to a third party based upon an agent's apparent authority even though the agent had no actual authority.
True
T/F: A principal may revoke an agent's authority at any time, but if he does, he may be in breach of his contract with the agent.
True
T/F: A principal-employer is vicariously liable for the unauthorized acts of an agent-employee.
True
T/F: A special warranty deed warrants only that the title has not been impaired, encumbered, or made defective because of anything the grantor has done.
True
T/F: A tenancy by the entireties can only be created in a conveyance to a husband and wife.
True
T/F: A tenant may remove trade fixtures provided he can do so without causing material injury to the real property to which it is affixed.
True
T/F: A violation of a statute constitutes negligence per se if the injured party is a member of the class protected by the statute.
True
T/F: Abuse of process consists of using a legal proceeding to accomplish a purpose for which the proceeding is not designed.
True
T/F: All property interests that are not classified as real property or as fixtures are classified as personal property.
True
T/F: Although persons may not have a duty to help another, they nevertheless do have a duty not to hinder others who are trying to help.
True
T/F: An agent is under a duty to keep her principal's property separate from her own.
True
T/F: An agent may not ordinarily appoint a sub-agent to perform the agent's duties.
True
T/F: An agent who enters into a contract on behalf of an incompetent principal may be personally liable on that contract.
True
T/F: An agent's actual authority is terminated by a revocation of authority.
True
T/F: Arthur has a grudge against Bill. When Bill asks him to write a letter of reference to a prospective employer, Arthur readily agrees. He makes untrue statements in the letter, which prevent Bill from getting the job. Arthur is guilty of defamation.
True
T/F: Brian is appointed an agent for Independent Investors, Inc. Two months later, Brian files for bankruptcy because of personal debts arising prior to beginning work for Independent. Brian's agency is terminated by the bankruptcy.
True
T/F: Common law employer defenses such as the fellow-servant rule, contributory negligence, and voluntary assumption of the risk are eliminated by workers' compensation statutes.
True
T/F: Currently, the International Monetary Fund has more than 150 counties as members.
True
T/F: Either party to a joint tenancy may sever the tenancy and thus convert the estate into a tenancy in common.
True
T/F: Express authority is actual authority derived from the written or spoken words of the principal.
True
T/F: For an agent to bind a principal, she must have either actual or apparent authority coming from the conduct or words of the principal.
True
T/F: Generally, any person has the capacity to be an agent.
True
T/F: Harold Homeowner signs a consent form to allow Dr. Bright to perform surgery on his left knee. Through a mix-up, Dr. Bright operates on Harold's right elbow. Dr. Bright has committed the tort of battery.
True
T/F: Hereford cattle owned by the Cartright Ranch are accidentally mixed with Hereford cattle owned by the Reagon Ranch. Neither rancher's herd can be specifically identified. If the cattle can be apportioned, each ranch is entitled to its proportional share.
True
T/F: If a state government's affirmative action plan is challenged, it is subject to strict scrutiny under the Equal Protection Clause.
True
T/F: Intent, as used in tort law, does not require a hostile or evil motive.
True
T/F: International courts have authority to resolve a dispute only if the parties to the dispute accept the court's jurisdiction over the matter.
True
T/F: It is possible to be liable for injuries caused to another even though you have used reasonable care to prevent those injuries.
True
T/F: Like joint tenants, tenants in common are persons who hold undivided interests in the property, each having the right to possession, but neither claiming any specific portion of the property.
True
T/F: Most contracts or business transactions can be created or conducted through an agent.
True
T/F: Negligence is defined as conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
True
T/F: Only nations may be parties to an action before the International Court of Justice.
True
T/F: Revocation of an agent's authority does not bind third parties until they receive notice of it.
True
T/F: Sarah is detained by a salesclerk and store manager at Marlin's Department Store and accused of shoplifting. The clerk is mistaken, having confused Sarah with someone else. Sarah is locked in a room for an hour and prevented from leaving. Marlin's is guilty of false imprisonment.
True
T/F: Sexual harassment on the job is an example of intentional infliction of emotional distress.
True
T/F: Sovereign nations which adopt international laws will enforce those laws to the same extent as all of its domestic laws.
True
T/F: The Civil Rights Act of 1964 applies to employers engaged in an industry affecting commerce and having 15 or more employees.
True
T/F: The European Community has the power to make rules which are binding on member nations and which preempt its members' domestic laws.
True
T/F: The Fair Labor Standards Act regulates the employment of child labor.
True
T/F: The Family and Medical Leave Act of 1993 applies where there are 50 or more employees.
True
T/F: The National Labor Relations Act guarantees the right of employees to bargain collectively.
True
T/F: The Pregnancy Discrimination Act extends the benefits of the Civil Rights Act to pregnant women.
True
T/F: The Social Security system is financed by taxes paid by employers, employees, and self-employed individuals.
True
T/F: The U.S. Supreme Court holding that a court should not question the validity of actions a foreign government takes in its own country is known as the act of state doctrine.
True
T/F: The United Nations Convention on Contracts for the International Sales of Goods (CISG) governs all contracts for the international sales of goods between parties located in different nations that have ratified the CISG.
True
T/F: The doctrine of strict liability is not based on any particular fault of the defendant, but rather on the nature of the activity in which the defendant is engaging.
True
T/F: The holder of a qualified fee interest may transfer that interest, but all transferees will take the property subject to the initial condition imposed by the interest.
True
T/F: The intention of the parties with conflicting claims to the property, as expressed in their agreement, is controlling in determining whether personal property has become a fixture.
True
T/F: The interests of the parties holding land as tenants in common may be devised by will as there is no right of survivorship.
True
T/F: The key elements of false imprisonment are the plaintiff's being detained against her will and the plaintiff's knowing of no reasonable means of escape.
True
T/F: The owner of a cow acquires title by accession to any calves born to that cow.
True
T/F: The principal's right to control the conduct of the agent is the most significant factor in determining whether an employment relationship exists.
True
T/F: The principal-agent relationship is a fiduciary relationship.
True
T/F: The purpose of tort law, unlike criminal law, is to compensate the injured party, not to punish the wrongdoer.
True
T/F: The same conduct may constitute both a crime and a tort.
True
T/F: The simplest and least involved multinational enterprise is a direct export sale.
True
T/F: The standard of conduct to which a child must conform is that of a reasonable person of like age, intelligence, and experience under like circumstances.
True
T/F: The tariff is a frequently used device designed to protect domestic businesses.
True
T/F: The term "multinational enterprise" refers to any business that engages in transactions involving the movement of goods across national borders.
True
T/F: Title VII does not prohibit discrimination based on age.
True
T/F: To be enforceable, a contract for the sale of an interest in land must be in writing and signed by the party against whom enforcement is sought.
True
T/F: Truth is a complete defense to the tort of disparagement.
True
T/F: U.S. laws protecting intellectual property do not apply to transactions in other countries.
True
T/F: Under the doctrine of respondeat superior, a principal may be held liable for the torts of her agent even though the agent is sufficiently solvent to pay for the damage himself.
True
T/F: Unless the principal is disclosed, an agent has no apparent authority.
True
T/F: Whether an activity is considered abnormally dangerous or not usually depends on the circumstances under which the activity is conducted.
True
T/F: While an agent may not ordinarily use or disclose confidential information, she may reveal confidential information that the principal is about to commit a crime.
True
co-tenants
Two or more tenants who rent the same property under the same agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.
Peerless case (raffles v wichelhaus)
Two ships of same name sailing from Bombay carrying cotton, seller knew of one in December and buyer only knew of ship in October, contract did not exist because no manifestation of mutual assent (mistake in meaning of terms)
What law applies for the purchase of goods in the U.S.?
UCC
Definite terms
UCC allows open terms and has rules to supply missing ones; provides that output and requirement contracts are valid even though quantity is missing
International Court of Justice
UN body that makes legal decisions involving disputes between national governments
madrid protocol
US trademark owners file for protection in over 65 countries
A is under an affirmative duty to come to the aid of B who is in danger if: a. A is B's best friend. b. A is responsible for B's predicament. c. A is a doctor. d. none of the above.
b. A is responsible for B's predicament.
O conveys Greenacre "to A for life, then to B." What interest, if any, does B have in Greenacre? a. A reversion b. A vested remainder c. A contingent remainder d. No interest
b. A vested remainder
Assume F violates a statute which is intended to protect restaurant patrons from food poisoning by requiring restaurant owners to install special refrigeration equipment. F may be sued under a standard of care based upon this statute if: a. A, a patron, falls down a poorly lit staircase on his way to the salad bar. b. B, a patron, becomes violently ill after eating tainted chicken salad. c. C, a patron, chokes on a chicken bone which was in his fruit salad. d. D, a waitress, dies after eating tainted chicken salad.
b. B, a patron, becomes violently ill after eating tainted chicken salad.
Which of the following should be used by Americana Computer Corporation, a multinational enterprise, if they want the least involvement in the international market? a. Foreign agents b. Direct export sales c. Joint ventures d. Licensing
b. Direct export sales
An agency terminates by operation of law upon the occurrence of any of the following except: a. Bankruptcy b. Fulfillment of purpose c. Death of the principal d. Disloyalty of agent
b. Fulfillment of purpose
Mistake
Understanding that is not in accord with fact
Contract to commit a tort, agreements to obstruct legal process
Unenforceable
Contracts injuring public service
Unenforceable, lobbying is legal but bribery is not
Unconscionable contracts
Unfair or unduly harsh
Intoxicated persons
Upon regaining capacity, may avoid any contract entered into if other party has reason to know and unable to understand nature of actions (ratified upon regaining capacity)
Physical force duress
Void contract
Improper threats duress
Voidable contract
How can affirmative action cause reverse discrimination?
When employment are taking into account race or gender to remedy past discrimination
What is intestate succession?
When someone dies without a will.
What is a power of attorney?
When someone gives another the authority to act on your behalf.
disclosed principal
When the agent is acting on behalf of a disclosed principal, the agent ordinarily incurs no liability on the contract to either party.
Unenforceable contract
Will not be upheld in court, such as one that law requires to be in writing but was made orally
Material fact
Would induce an action
Duress
Wrongful act or threat that overcomes the free will of a party
Trespass (Real property)
Wrongfully entering / remaining on land of another
Does the Foreign Corrupt Practices Act (FCPA) apply if the payment is made outside of the U.S.? _______________
Yes
Generally, do Title VII, the ADA, and ADEA apply to U.S. citizens working abroad? ________.
Yes
What does it mean to be negligent per se?
You are negligent per se if you fail to follow the law, an injury occurs, and the type of harm caused is the type of harm the statute was trying to prevent.
How is a duty for a licensee different than a duty for an invitee?
You have to warn licensees of dangerous conditions that they are unlikely to discover, however, you have to use reasonable care to protect against dangerous conditions for invitees.
Uniform Commercial Code (UCC)
a U.S. domestic comprehensive statutory scheme that includes laws that cover aspects of commercial transactions. There is perfect tender
Overseas Private Investment Corporation (OPIC)
a U.S. government agency that gives insurance against seizing of property
multinational enterprise
a business that engages in transactions involving the movement of goods, information, money, people, or services across national borders. Factors to be considered in determining the form of a multinational business enterprise include financing, tax consequences, legal restrictions imposed by the host country, and the degree of control over the business sought by the multinational enterprise.
Vested Reaminder
a fixed present interest to be enjoyed in the future
Vested Remainder
a fixed present interest to be enjoyed in the future. "O (OWNER) to son X for life, and then to grandchild Y."
Nuisance
a non-trespassory interference with another's use and enjoyment of land
Invitee
a person who is invited onto the premises for the benefit of the occupant
assumption of risk
a plaintiff who voluntarily and knowingly assumes the risk of harm arising from a defendants negligence cannot recover for such harm
qualified fee estate
a qualified fee is an ownership interest subject to its being taken away upon the happening of an event
Mental Capacity
a testator must have testamentary capacity; sufficiently competent to intend document to be Will - Capable of understanding the nature of extend of his property - Appreciates the natural objects of his bounty - Can formulate an orderly plan of disposition
Revocation by Testator
a will may be revoked by the testator at any time
Which of the following employees would not be covered by the Rehabilitation Act of 1973? a. An alcoholic b. A victim of AIDS c. A victim of tuberculosis d. A polio victim in a wheelchair
a. An alcoholic
Mistake of law
Everyone is presumed to know, courts will not likely give relief
Duty to Act
Except in special circumstances, no one is required to aid another in peril.
Unliquidated debt
Existence or amount of debt is disputed
How to disaffirm
Express (by words), implied (by conduct)
Assault
FEAR! Intentional infliction of apprehension of immediate bodily harm or offensive contact (knowledge required)
Contributiory negligence
Failure of the plaintiff to exercise reasonable care & so it is her own fault she is harmed
T/F: A deed is not effective to pass title unless and until it is both delivered and recorded.
False
T/F: A fee simple estate may be sold, but it may not be passed by will.
False
T/F: A gratuitous promise to make a gift is binding and may be enforced in a court of law.
False
T/F: A person living on property adjoining land later designated a blasting zone for a new highway has assumed the risk of harm and may not recover for damages if he fails to move away.
False
T/F: A person may be assaulted even though he is not afraid for his safety.
False
T/F: A person who engages an independent contractor to do a specific job has a right to control the conduct and activities of the independent contractor in the performance of the contract.
False
T/F: A possessor of land may inflict intentional injury upon a trespasser to eject him upon discovery of his presence on the land.
False
T/F: A principal may not be held liable for the wrongful acts of his agent if the agent acted in flagrant disobedience of the principal's instructions.
False
T/F: A qualified fee is the largest estate in land.
False
T/F: A reversion, a life estate, and a remainder are all considered future interests.
False
T/F: A simple majority of the senators present may ratify a treaty under the U.S. Constitution.
False
T/F: An agency contract must be in writing.
False
T/F: An agency coupled with an interest can be revoked at any time.
False
T/F: An agent has no duty to account for property or gifts received.
False
T/F: An agent who is personally liable on a contract has no right of action against the third person for breach of the contract.
False
T/F: An agent's apparent authority is terminated by a renunciation of authority.
False
T/F: An agreement for the sale of an interest in land need not contain the price or manner of payment.
False
T/F: An undisclosed principal is one whose existence is known but whose identity is not known.
False
T/F: Appropriation of a person's name or likeness must be unreasonable to be an invasion of privacy.
False
T/F: As in contract law, in order for a gift to be valid it must be supported by consideration.
False
T/F: By presidential executive order, federal contractors are exempt from affirmative action in recruiting.
False
T/F: If confusion of goods results by accident and there is not enough left to distribute a full share to each owner, each party will lose his entire interest if he cannot prove his share.
False
T/F: In most jurisdictions, consideration must pass between the parties for a deed to be valid.
False
T/F: Sexual harassment is not covered by the federal discrimination laws.
False
T/F: The "but for" rule is a test for determining strict liability.
False
T/F: The Equal Pay Act applies to different jobs that are comparable as well as to jobs that are equal jobs.
False
T/F: The Equal Pay Act prohibits an employer from discriminating between employees on the basis of race, color, sex, religion, or national origin by paying unequal wages for equal work.
False
T/F: The National Labor Relations Act prohibits union shops but allows closed shops.
False
T/F: The North American Free Trade Agreement established free trade among the United States, Mexico, and Brazil.
False
T/F: The bankruptcy of the principal does not affect the agent's power with respect to property passing to a bankruptcy trustee.
False
T/F: The customers at Chez Chic Restaurant prefer to be served by male waiters. The restaurant owner can refuse to hire women based upon gender being a bona fide occupational qualification.
False
T/F: The possessor of land owes a higher duty of care to a licensee than to an invitee.
False
T/F: The relationship of principal and agent exists only when one party exercises the right of control over the actions of another.
False
T/F: The transfer of real estate by deed must be supported by consideration to be valid.
False
T/F: Under GATT's most favored nation provision, signatories are not required to treat other signatories equally with regard to privileges, immunities, and favors.
False
Fraud in the inducement
False representation of material fact made with knowledge of falsity and intention to deceive with a justifiable reliance on the statement causing injury, VOIDABLE
Two types of fee estates
Fee simple and Fee simple defeasible
The law that prohibits U.S. companies from paying or offering to pay bribes to foreign government officials, political party officials, agents or relatives to induce them to misuse their official position, such as to obtain new business or maintain an existing business is the _________________________________________.
Foreign Corrupt Practices Act (FCPA)
Exceptions to adequacy of consideration
Fraud, duress, undue influence
Constitutional privilege (defamation)
Freedom of speech
Exculpatory clauses
Frowned upon if excuse party from own torts, generally illegal
The most important multilateral trade treaty is the ____ and the organization that was created due to this treaty is called the ___________________
GAAT; World Trade Organization
Issue: When is the A liable (or personally bound) on contracts he made on behalf of the P?
GR: If A acted with actual or apparent authority, P will always be liable on the contract to the TP, BUT if A did non have actual authority, the Agent is liable to P and will have to pay him back. GR: If TP does not know Name of P at the time the contract was made, the TP can sue the A, but if A had actual authority, the TP can sue the P when he finds out who he is. Can only recover judgment against one of them, not both.
most important multilateral trade treaty:
General agreement on tariffs and trade (gatt) now called the World Trade Organization
marketable title
Good or clear title, reasonably free from the risk of litigation over possible defects. free from: 1. encumbrances 2. defects in the chain of the title appearing in the land records 3. events depriving the seller of title, such as adverse possession or eminent domain
Expropriation
Government pays "just compensation" for a property taken for public purpose.
UCC Article 2
Governs contracts for sale of goods (tangible personal property)
Common law
Governs contracts for services, employment, real estate, patents, copyrights, insurance (anything except sale of goods)
Reversion
Grantor gets the property back again after the termination of the life estate (or whatever other estate ended). "O to son X for life, and then to O."
Ratification
Have option to change contract after reaching age of majority
independent contractor and agency
I/C is an agent if P has hired the agent to perform service, but A has discretion in "manner and means" of performance
Principal and Independent Contractor
I/C is an agent if P has hired. A to perform service, but A has discretion in 'manner and means' of performance. * Baylor hired construction company to build McLane
Strict Liability: Products Liability
If a product is sold in defective condition unreasonably dangerour to user or consumer, manufacturers or merchants may be held strictly liable even if not at fault!
Termination by Operation of Law
If an offeror dies or becomes mentally incapacitated, the offer terminates automatically and immediately. Destruction of the subject matter terminates the offer.
Effect of illegality
If both parties at fault, then unenforceable
Severable or divisible contracts
If contract is capable of being divided, illegal part will be severed out and remainder will be enforced
General rule for illegal bargains
If formation or performance of contract is a criminal act, tort, or contrary to public policy, then it is unenforceable
Unforeseen difficulties
If party encounters substantial issues that they could not have anticipated at time contract was entered, court may enforce agreement to pay extra compensation for these
Gambling statutes
If person pays a price to take a chance to win a prize (illegal)
Products Liability
If products are sold in a defective condition unreasonably dangerous to user or consumer, manufacturers and merchants may be held strictly liable even if not at fault
Common law restraint of trade
If unreasonable, not enforceable
Actual Implied Authority
Implied authority is inferred from words or conduct manifested to the agent by the principal. It may arise from custom and usages of the principal's business. Also, general authority to manage a business for a principal confers certain implied authority on the agent.
Quasi contract
Imposed by law to avoid injustice or enrichment, requires benefit conferred upon a defendant by a plaintiff (ex. work for fair share of profits, ambiguous)
Employer-Independent Contractor Relationship
Independent Contractor is an agent if Principal has hired Agent to perform service, but Agent has discretion in 'manner and means' of performance.
Vicarious Liability
Indirect legal responsibility for the act of another. The liability of a principal for unauthorized torts by an agent depends primarily on whether the agent is an employee or not.
Contracts contrary to public policy
Injurious to the public good
Advertisements
Invitation seeking offer, not an offer unless it makes a promise
How is a tort developed?
It is developed through the courts so is mostly "common law" -- not statues.
proximate cause
Judicially imposed limitations on a person's liability for the consequences of his negligence
Real Property
Land and everything permanently attached to it
Termination by operation of law
Lapse of time, death, incompetency, destruction of subject matter, subsequent illegality
Elements of consideration
Legal sufficiency, bargained-for exchange
Property
Legally protected interest - includes the physical thing itself - a right related to an interest
The foreign exporter (seller) may not have done business with you before. He can greatly increase the likelihood of getting paid for the goods if he obtains an irrevocable ________________________ which means the exporter/seller will actually receive the payment of funds from __________________________________.
Letter of Credit; the buyer's bank
Inter vivos
Made during a person's lifetime
Scienter
Made with knowledge of falsity and intention to deceive
Negligent misrepresentation
Made without due care in ascertaining its truthfulness, VOIDABLE
Innocent misrepresentation
Made without knowledge of falsity but with due care, VOIDABLE
Causa Mortis
Make in contemplation of imminent death
Statute and revocation
Makes offer irrevocable
Procedural unconscionable contracts
Manner in which person was induced to enter contract was unfair or irregular bargaining
Delivery
Manual transfer or constructive/symbolic delivery
Usury statutes
Maximum legal rate of interest; results if overcharged: no principal or interest recovered, no interest recovered, no interest over legal amount recovered
Res Ipsa Loquitur
Means Rule of evidence. "the thing speaks for itself" - jury can infer both negligent conduct and causation even if no actual evidence of negligence shown (plane crash)
Valid contract
Meets all four requirements to be enforceable
How is mental deficiency different than physical deficiency or being a minor when considering the reasonable person standard?
Mental deficiency persons have to conform to the conduct of a reasonable person without considering mental deficiency, while physical deficiency or being a minor consider those aspects.
Fraud in the execution
Misrepresentation about the nature of a document, void
Legal sufficiency
Must be either a legal detriment to the promisee or legal benefit to the promisor
Duty upon disaffirmance
Must return whatever consideration they received if still in their possession or control
Elements of a contract
Mutual assent, consideration, legality, capacity
Common law modification of contract
Need new consideration
Types of nonfraudulent misrepresentation
Negligent or innocent
If a payment is made to expedite a routine governmental action, such as an 'extra' payment to obtain a building permit more quickly, is this a violation of this law? ________________
No
If you are in compliance with US laws for patents, trademarks and copyrights, will you intellectual property also be protected internationally? ______________________.
No
Firm offer
No consideration required, merchant gives signed writing assuring offer will remain open (no longer than 3 months)
Void contract
No legal effect at all
Mistake in meaning of terms
No mutual assent, voidable
UCC modification of contract
No new consideration if good faith and intentions
Payroll Advance, Inc v. Yates
Noncompete contracts must be reasonable to be enforceable, employee could not work within 50 miles of any store for 2 years
What is the duty of a trespasser?
Not to intentionally injure
Constructive Notice
Notice given to the world by recorded documents. All people are charged with knowledge of such documents and their contents, whether or not they have actually examined them. Possession of property is also considered constructive notice that the person in possession has an interest in the property.
agents duties to principle include
Obedience - as authorized by P + reasonable instruction/direction b.Performance/Diligence - use reasonable skill & care c.Account - $/property expended by A for P d.Inform/Notification - notice to A is construed as notice to P e.Fiduciary duties: utmost loyalty and good faith. Includes: No conflicts of interest; No self-dealing; Duty not to compete; Confidential information; Account for financial benefits - including bribes, kickbacks, and gifts agent is liable for any loss caused to the principal for breach of any of these duties.
Is the breach of duty of care for negligence based off the objective or subjective standard?
Objective, reasonable person standard.
Legal benefit to the promisor
Obtaining something previously had no prior legal right to obtain
false light
Offensive publicity placing another in a false light
Who can accept
Offer is personal to the offeree
Communication
Offer must have knowledge of offer to be able to accept it
Lapse of time
Offer will expire at time stated or after reasonable period of time if none stated
Exceptions to general rule
Offeror states acceptance will only be effective when received, acceptance following prior rejection (first communication received rules), defective acceptance (effective when received)
Voidable contract
One party has the option to set aside the contract. enforceable until it happens (ex. minors, mentally ill, intoxicated)
Perfect tender
Only applies to sales of goods. Goods and delivery must completely comply with the contract terms.
When the agent has no actual or apparent authority and the principal is disclosed, who is bound to the third party?
Only the agent.
if P directs A to commit a tort, who is liable?
P
ratification
P agrees to be liable for act of A that has already occurred. Can be express (based on words) or implied (based on conduct).
Nature of Agency
P and A agree that A will act on behalf of P, typically so A can do business with a TP - use objective standard (ie "reasonable person")
nature of an agency
P and A will agree that A will act on behalf on P, usually to do business with TP
Criminal Liability
P generally only liable for A's criminal acts if directed, participated, approved acts
when does P have criminal liability for A
P generally only liable for A's criminal acts if directed, participated, approved acts
example of apparent authority
P's acts or conduct reasonably leads a TP to believe that the A has actual authority to do something. TP doesnt know P fired A, but A made contract. P has to honor contract
In apparent authority:
P's acts or conduct reasonably leads a TP to believe that the A has actual authority to do something. Ex: fired sales rep but TP (customer) doesn't know. Even if the A does NOT have actual authority, the P will be bound by the contract because the P was at fault in creating the confusion!
Steinberg v. Chicago Medical School
Paid $15, school rejected application, courts ruled contract was formed when accepted the money and must judge application based on definitive standards
Modification of pre-existing contract
Parties agree to change one or more terms
Express contract
Parties indicate agreement by words, orally or in writing
Capacity
Parties to contract must be able to understand that the document is a binding agreement and generally what it means
Debts (settlement of claims)
Party pays less than the amount that is purportedly owed
Option contract
Pay money to keep offer open
As business person, need to know laws so that can manage risks:
Payment/delivery, Currency, Dispute resolution (litigation vs. arbitration), culture/language, laws (IP protection), transportation risks
How is per stirpes different than per capita in regards to wills?
Per stirpes means that the inheritance will be divided up evenly among the children of the deceased. If one of THOSE children dies, the inheritance will be divided up again among the grandchildren. However, per capita means that the inheritance is divided up per generation. The children will first get a cut, and if some of the children are deceased, the grandchildren will split the rest of the pot. Think of per stirpes as "strips" or layers and per capita as a pot, where the first children get the first cut and the grandchildren split the rest.
future interest
Person's right to property ownership and possession in the future alex for life, then mario, mario has a future interest
Injury or Harm:
Personal Injury, property damage, lost wages, loss of earning capacity, may be emotional distress
Denny v. Reppert case
Policemen arrested bank robbers and tried to claim reward, unable to due to preexisting duty rule; only police officer outside his jurisdiction was able to
Acceptance
Positive and unequivocal expression of willingness to enter into contract based on terms of offer; must be mirror image under common law
Authorized Acts of Agent
Principal who authorizes his agent to commit a tort concerning the property or person of another is liable for the injury or loss sustained by that person.
Contracts enforceable without consideration
Prior unenforceable obligations, detrimental reliance, charitable subscriptions, promises enforceable by statute
Licensee
Privileged to Enter or Remain on Land due to consent
Selling the Estate
Probate: court procedure in which an executor chosen by the testator and named in the will collects the assets of the estate, pays outstanding bills, and distributes estate to beneficiaries as directed in Will Administration: court procedure in which a court-appointed administrator collects the assets of the estate, pays outstanding bills, and distributes the estate in accordance with the sate laws of descent and distribution. (No will generally)
Zane Zookeeper is fleeing from an escaped tiger. You see his plight and wave for him to come into your house. He leaps up your front steps and slips on your skateboard which was left there from the night before. Your duty to Zane is: a. not to intentionally injure him. b. to warn him the skateboard is there. c. to exercise reasonable care to protect him from falling on the skateboard. d. you have no duty to Zane.
b. to warn him the skateboard is there.
Arthur throws his garbage over the fence into Brian's yard. Arthur has committed the tort of: a. nuisance. b. trespass to real property. c. outrageous conduct. d. conversion.
b. trespass to real property.
CPA: A principal will not be responsible to a third party for a tort committed by an agent: a. unless the principal instructed the agent to commit the tort. b. unless the tort was committed within the scope of the agency relationship. c. if the agency agreement limits the principal's liability for the agent's tort. d. if the tort is also regarded as a criminal act.
b. unless the tort was committed within the scope of the agency relationship.
Any contracts resulting from the appointment of an agent by a minor are: a. void. b. voidable. c. unenforceable. d. none of the above.
b. voidable.
comparative negligence
both plaintiff and defendant are at fault; damages are allocated between them based on % found by the jury -if plaintiff % is more than defendants, most states wont allow plaintiff to recover anything
Comparative Negligence
both plaintiff and defendant are at fault; damages are allocated between them based on % found by the jury. (Most states use this now) * Note: If plaintiff's % is more than Defendant's, most states won't allow plaintiff to recover anything * Assumption of Risk
All of the following conveyances will create an unqualified fee simple estate in the transferee except: a. "To B absolutely." b. "To B forever." c. "To B so long as she does not remarry." d. "To B in fee simple."
c. "To B so long as she does not remarry."
Matthew negligently drives his automobile into Nancy who is crossing against the light. Nancy sustains damages in the amount of $10,000 and sues Matthew. The jury determines that Matthew's negligence contributed 75 percent to Nancy's injury and that Nancy's negligence contributed 25 percent to her injury. Under the doctrine of comparative negligence, Nancy can recover: a. $0. b. $2,500. c. $7,500. d. $10,000.
c. $7,500.
Assume that A enters into a contract with T on behalf of A's undisclosed principal, P. If Tdiscovers the existence and identity of P, whom may T hold to performance of the contract? a. A only b. P only c. A or P but not both d. Neither A nor P
c. A or P but not both
An attorney does a title search on property that Ron wishes to purchase. The search indicates a title defect, because the abstract shows that Wesley could possibly have an interest in the land even though he is not the seller. What type of deed should Ron ask Wesley to give him in order to clear up the title defect? a. A warranty deed b. A special warranty deed c. A quitclaim deed d. A contract for deed
c. A quitclaim deed
Which of the following would be considered intangible personal property? a. A pen b. A chair c. A stock certificate d. A book
c. A stock certificate
Which of the requirements of an effective gift is presumed? a. Delivery to the donee b. Intent on donor's part to make a present gift c. Acceptance by the donee d. None of the above
c. Acceptance by the donee
The federal statute that prohibits the mandatory retirement of most employees: a. Rehabilitation Act of 1973. b. Civil Rights Act of 1964. c. Age Discrimination in Employment Act of 1967. d. Executive Order of 1965.
c. Age Discrimination in Employment Act of 1967.
CPA: Under which of the following conditions is an onsite inspection of a workplace by an investigator from the Occupational Safety and Health Administration (OSHA) permissible? a. Only if OSHA obtains a search warrant after showing probable cause b. Only if the inspection is conducted after working hours c. At the request of the employees d. After OSHA provides the employer with at least 24-hours' notice of the inspection
c. At the request of the employees
In a state which does NOT recognize the doctrine of comparative negligence, A may recover from B for injuries proximately caused by B's negligence and A's contributory negligence if: a. B's fault was greater than A's fault. b. B's fault was less than A's fault. c. B had the last clear chance to avoid the injury. d. none of the above.
c. B had the last clear chance to avoid the injury.
The CISG specifically excludes which of the following? a. Sales of goods bought for personal, family, or household use b. Sale of ships or aircraft c. Both (a) and (b) d. Neither (a) nor (b)
c. Both (a) and (b)
Which of the following are requirements for an effective deed? a. Be written b. Be delivered c. Both (a) and (b) d. Neither (a) nor (b)
c. Both (a) and (b)
CPA: Which of the following factors help determine whether an item of personal property is a fixture? (I) degree of the item's attachment to the property (II) intent of the person who had the item installed a. I only b. II only c. Both I and II d. Neither I nor II
c. Both I and II
An agent may be appointed to perform which of the following? a. Perform a contract for personal services b. Commit an illegal act c. Buy or sell goods d. More than one of the above
c. Buy or sell goods
The __________is responsible for enforcing federal antidiscrimination laws. a. NLRB b. OSHA c. EEOC d. Social Security Administration
c. EEOC
Which of the following could be an exception to the act of state doctrine? a. The doctrine may be inapplicable to commercial activities of a foreign sovereign. b. A sovereign may waive its right to raise the doctrine as a defense. c. Either (a) or (b). d. Neither (a) nor (b), exceptions are not allowed.
c. Either (a) or (b).
What is the purpose of a force majeure clause? a. It determines what law applies to a contract. b. It determines the method of payment for goods sold between a buyer in one country and a seller in another country. c. It determines the forum in which a dispute must be decided. d. It apportions the liabilities and duties of the parties in case of an unforeseeable occurrence.
d. It apportions the liabilities and duties of the parties in case of an unforeseeable occurrence.
CPA: Which of the following would change if an asset is treated as personal property rather than as real property? Requirements for Transfer & Creditor's Rights a. Yes; No b. No; Yes c. Yes; Yes d. No; No
c. Yes; Yes
The standard of care applicable to a child is that of: a. the reasonable person. b. a reasonable person who is incapable of exercising the judgment of an adult. c. a reasonable person of like age, intelligence, and experience. d. a reasonable person who is mentally deficient.
c. a reasonable person of like age, intelligence, and experience.
CPA: When an agent acts for an undisclosed principal, the principal will not be liable to a third party if the: a. principal ratifies a contract entered into by the agent. b. agent acts within an implied grant of authority. c. agent acts outside the grant of actual authority. d. principal seeks to conceal the agency relationship.
c. agent acts outside the grant of actual authority.
An agent may be liable to the principal for exceeding his actual authority even though his acts are within the scope of his: a. express authority. b. implied authority. c. apparent authority. d. none of the above.
c. apparent authority.
CPA: For a deed to be effective between the purchaser and seller of real estate, one of the conditions is that the deed must: a. contain the signatures of the seller and purchaser. b. contain the actual sales price. c. be delivered by the seller with an intent to transfer title. d. be recorded within the permissible statutory time limits.
c. be delivered by the seller with an intent to transfer title.
A, the owner of a dog, is strictly liable to B for harm caused by the dog if it: a. digs out from under its fenced yard and digs up B's flowerbed. b. bites B when it has never attacked or bitten anyone before. c. bites B when it has bitten someone before. d. bites B when A knows that it frequently chases bicycle riders.
c. bites B when it has bitten someone before.
Under the common law, employers may dismiss their employees at will: a. for good cause. b. for no cause. c. both of the above. d. none of the above.
c. both of the above.
A freehold estate is a right of ownership of real property for: a. an indefinite time. b. the life of a person. c. either (a) or (b). d. neither (a) nor (b).
c. either (a) or (b).
As used in tort law,___________denotes that the actor desires to cause the consequences of his act. a. assault b. retaliation c. intent d. privilege
c. intent
CPA: A principal and agent relationship requires a: a. written agreement. b. power of attorney. c. meeting of minds and consent to act. d. specified consideration.
c. meeting of minds and consent to act.
CPA: Simpson, Ogden Corp.'s agent, needs a written agency agreement to: a. enter into a series of sales contracts on Ogden's behalf. b. hire an attorney to collect a business debt owed by Ogden. c. purchase an interest in undeveloped land for Ogden. d. retain an independent general contractor to renovate Ogden's office building.
c. purchase an interest in undeveloped land for Ogden.
A is liable for defamation if she: a. tells B that C is an adulteress when C is an adulteress. b. tells D, her husband, that C is an adulteress when C actually is not an adulteress. c. tells E that C is an adulteress when C actually is not an adulteress. d. none of the above
c. tells E that C is an adulteress when C actually is not an adulteress.
Co-ownership of land by spouses in which neither may convey his or her interest during life is a: a. joint tenancy. b. tenancy in common. c. tenancy by the entireties. d. tenancy at sufferance.
c. tenancy by the entireties.
An agent has apparent authority to bind the principal in any transaction in which: a. third persons have no knowledge of the agency relationship. b. the existence and identity of the principal are undisclosed. c. third persons reasonably rely upon the existence of actual authority as indicated by the principal's conduct. d. none of the above.
c. third persons reasonably rely upon the existence of actual authority as indicated by the principal's conduct.
If an item is determined to be a fixture, it: a. can be removed by the seller of the land. b. is not a part of the realty. c. will be sold with the land. d. none of the above.
c. will be sold with the land.
when does agent become liable on contract under disclosed principal
can agree to become liable on a contract between the principal and the third party by making the contract in her own name, by co-making the contract with the principal, or by a guarantee of the contract.
expediting payment exception
can bribe officials to expedite actions such as obtaining permits cant influence the decision of the official.
when is reasonable person standard modified
child, physical disability, mental deficiency, superior skill/knowledge, emergency situation, violation of statute
Tort
civil wrong causing injury to persons, property or economic interests
a tort is
civil wrong causing injury to persons, property, or economic interests
Tenancy in Common
co-ownership of property whereby each tenant holds an undivided interest with no right of survivorship.
workers compensation
compensation awarded to injured ee if injury arose from course of his employment. Can be paid even if ee was at fault in getting injured! However, cannot generally sue er if receive WC bnfts (pay, medical expenses, etc.)Note: might could sue TP if injured due to defective equipment.
Workers' compensation
compensation awarded to injured ee if injury arose from course of his employment. Can be paid even if ee was at fault in getting injured! However, cannot generally sue er if receive WC benefits (pay medical expenses, etc.) * Note: might could sue TP if injured due to defective equipment.
Contractual Duties principal must fulfill
compensation, reimbursements, and indemnification
possibility of reverter
conditional reversionary interst and exists where property may return to the grantor or his successor in interest because of the happening of an event
contingent remainder
conditional upon the happening of an event in addition to the termination of the preceding estate ex: O to son X for life, but then to X's children, if no children then to Y
unfair union practice
conduct in which a union is prohibited from engaging
unfair employer practice
conduct in which an employer is prohibited from engaging
"but for rule"
conduct is a cause of an event if the event would not have occurred in the absence of the person's negligent conduct
recklessness
conduct that evidences a conscious disregard of or an indifference to the consequences of his or her act -deals with infliction of emotional distress tort
If the property is seized but no payment is made, this is called ______
confiscation
tangible property
consists of physical objects
closed shop
contract that requires the employer to hire only union members. -prohibited by LMRA
lease
contract where landlord grants tenant an exclusive right to use and possession of the land for a definite period of time -tenant has leasehold interest in real property -landlord holds a reversion
defenses to negligence
contributory negligence, comparative negligence
Incompetent persons
court order, contract is void; take cognitive test (mental illness); may avoid contract or ratify
tenancy by the entireties
created only by a conveyance to a husband and wife -co-ownership and neither can convey interst
A may be relieved of liability for negligent harm to B if an intervening act: a. occurs after A's negligent conduct. b. is a cause in fact of B's injury. c. is a normal consequence of the situation created by A's negligent conduct. d. (a) and (b), but not (c).
d. (a) and (b), but not (c).
A is liable for trespass to real property if he: a. unknowingly crosses B's land while jogging. b. plays his stereo so loudly that C, his neighbor, can't sleep at night. c. tosses a gum wrapper and a cigarette butt onto D's front yard. d. (a) and (c), but not (b)
d. (a) and (c), but not (b)
Which of the following are principal objectives of the law of torts? a. To compensate persons who sustain loss or harm resulting from another's conduct b. To place the cost of that compensation on society as a whole through a common fund c. To prevent future harms and losses d. (a) and (c), but not (b)
d. (a) and (c), but not (b)
P was injured when D drove his golf ball into the back of P's head. If P wants to recover against D in negligence, he must show which of the following? a. Breach of duty of care b. Proximate cause c. Injury d. All of the above
d. All of the above
The Americans with Disabilities Act provides assistance to the handicapped in which of the following? a. Rehabilitation training b. Access to public facilities c. Employment d. All of the above
d. All of the above
The choice of which multinational enterprise form of business to select depends upon which of the following? a. Financing considerations b. Tax consequences c. Degree of desired control d. All of the above
d. All of the above
Under the NLRA, which of the following is/are unfair labor practices? a. To dominate a union b. To discriminate against union members c. To refuse to bargain in good faith d. All of the above
d. All of the above
Which of the following "unities" would be required in joint tenancy? a. Time b. Title c. Interest d. All of the above
d. All of the above
Which of the following are objectives of NAFTA? a. To promote conditions of fair competition in the free trade area b. To promote adequate and effective enforcement of intellectual property rights c. To increase investment opportunities in the area d. All of the above
d. All of the above
Which of the following is a protection accorded an employee relating to the job? a. Right to a safe and healthy workplace b. Compensation for injuries sustained in the workplace c. Some financial security upon retirement d. All of the above
d. All of the above
Which of the following is a valid discrimination defense under the Civil Rights Act of 1964? a. A bona fide seniority or merit system b. A professionally developed ability test c. A bona fide occupational qualification d. All of the above
d. All of the above
Which of the following would be considered intangible personal property? a. A stock certificate b. A patent c. A promissory note d. All of the above
d. All of the above
Which of the following would render title to be unmarketable? a. Defects in the chain of title appearing in the land records b. Events depriving the seller of title, such as adverse possession c. A mortgage not excepted in the contract for sale d. All of the above
d. All of the above
Which of the following is not a duty owed by an agent to her principal? a. Obedience b. Accounting c. Information d. All of the above are duties of the agent.
d. All of the above are duties of the agent.
Which of the following are ways by which title to personal property may be obtained? a. Possession b. Accession c. Confusion d. All of the above are means by which title to personal property may be obtained.
d. All of the above are means by which title to personal property may be obtained.
Which of the following is not required in the commission of an intentional tort? a. A duty owed b. A breach of the duty c. Injury or damage to another d. All of the above are required.
d. All of the above are required.
Under the Labor-Management Relations Act which of the following union activities would be considered an unfair labor practice? a. Causing an employer to discriminate against a nonunion employee b. Coercing an employee to join a union c. Levying excessive dues d. All of the above are unfair labor practices.
d. All of the above are unfair labor practices.
Which of the following will not terminate an agency? a. Lapse of time b. Revocation of authority c. Renunciation by the agent d. All of the above will terminate the agency.
d. All of the above will terminate the agency.
Which of the following would not give rise to an action in strict liability? a. Storing explosives in large quantity b. Crop dusting c. Blasting or pile driving d. All of the above would give rise to an action.
d. All of the above would give rise to an action.
Apparent authority continues until the third party has actual knowledge or notice of termination in which of the following situations? a. The agent has previously dealt with the third party on credit. b. The agent has been specially accredited. c. The principal should know that the agent has begun to deal with the third party. d. All of the above.
d. All of the above.
Which of the following is the west African states' counterpart to the European Union? a. CARICOM b. ANCOM c. COMECON d. ECOWAS
d. ECOWAS
A is liable for interference with contractual relations if she: a. intends to interfere with the performance of another's contract. b. knows that her actions are substantially certain to interfere with the performance of another's contract. c. intends to interfere with another's prospective contractual relation. d. all of the above
d. all of the above
A principal owes an agent a duty of: a. reimbursement. b. indemnification. c. compensation. d. all of the above.
d. all of the above.
Almost all countries have their own immigration policies and regulations which require: a. that foreigners obtain valid passports before entering their borders. b. that their citizens have a passport to leave or reenter the country. c. that foreign citizens obtain a visa to enter the country for an identified purpose. d. all of the above.
d. all of the above.
An agent who violates a fiduciary duty is liable to the principal: a. for breach of contract. b. in tort for losses caused. c. in restitution for profits made. d. all of the above.
d. all of the above.
An international contract should specify: a. what law will govern any breach or dispute. b. the official language of the contract. c. which nation's court will resolve disputes. d. all of the above.
d. all of the above.
In the absence of a binding agreement between the parties, the court, in determining whether an item is a fixture, will consider the following factors: a. the physical relationship of the item to the land. b. the intention of the person who attached the item to the land. c. the interest of the person who attached the item to the land at the time of attachment. d. all of the above.
d. all of the above.
The tort of conversion: a. includes the intentional destruction of personal property. b. includes the use of personal property in an unauthorized manner. c. is also always a trespass. d. all of the above.
d. all of the above.
In determining whether an item is a fixture, the test of "purpose or use" applies only if the item: a. is affixed to the realty in some way. b. can be removed without material injury to the realty. c. either (a) or (b). d. both (a) and (b).
d. both (a) and (b).
A speedboat would be classified as: a. tangible property. b. intangible property. c. personal property. d. both (a) and (c).
d. both (a) and (c).
Mel owns a retail store. Elizabeth is a salesclerk for Mel in the store. The relationship between Elizabeth and Mel is an example of: a. employer and independent contractor only. b. employer and employee only. c. principal and agent only. d. both employer and employee, as well as principal and agent.
d. both employer and employee, as well as principal and agent.
Charles hires Andrew, an attorney, to represent him in a lawsuit. The relationship between Charles and Andrew is an example of: a. employer and independent contractor only. b. employer and employee only. c. principal and agent only. d. both employer and independent contractor, as well as principal and agent.
d. both employer and independent contractor, as well as principal and agent.
Sarah Student goes to Glamour Department Store to buy a dress. Sarah is a: a. trespasser. b. licensee. c. public invitee. d. business invitee.
d. business invitee.
OSHA
develop standards, conduct inspections, monitor compliance, and institute enforcement actions -employer has general duty to provide a safe environment OSHA can inspect and issue citations
Requirements for Causa Mortis
donee must survive donor, donor died as "planned", donor did not revoke prior to death, doesn't work for real property (only personal)
Per the World Trade Organization (WTO), If a foreign producer of goods exports to another country, but sells those goods at a price that is lower than the cost to produce them, or less than the cost normally sold in their own country, this is call __________________ and is illegal.
dumping
Conduct invalidating a Will
duress, undue influence (improper pressure), or fraud
what is the reasonable person standard
duty of care required to avoid being negligent. If not exercised, a negligence tort has been comitted
"Reasonable Person Standard"
duty of care required to avoid being negligent. To avoid being negligent, you must always be careful, diligent and prudent. * (You are always doing the correct thing)
reasonable person standard
duty of care required to avoid being negligent; one who is careful, diligent, and prudent
elements of negligence
duty to use reasonable care breach of duty of care "proximate cause" harm or injury
Elements of Negligence
duty, breach of duty, proximate cause, damages
Elements of a Tort
duty, breach, injury/harm, causation
Defenses of Discrimination - Bona Fide seniority or merit system
ee has preference if has been at job longer than other ees; courts have generally upheld
Labor-Management Reporting and Disclosure Act
eliminated corruption in labor unions established reporting system & union "bill of rights"
age discrimination
employers 20+ or governmental units. covers age over 40 defenses: bona fide occupational qualification & seniority system
present effects of past discrimination
employers conduct appears neutral but actually perpetuates past discriminatory practices ex: promotion based on seniority, but minorities havent been hired so they cant have seniority
Reverse Discrimination
employment decisions taking into account race or gender in order to remedy past discrimination
Equal Employee Opportunity Commission (EEOC)
enforces Title VII actions. (Remember in agency law)
Comparable worth
equal pay for jobs of equal value to the employer; don't have to be substantially the same job as under Equal Pay Act. (very difficult to prove cause of action.) Ex: city of Neverland has positions for Occupational Health Nurse and Mechanic. Both require comparable levels of education, skill, and experience. These would probably be comparable (especially if the City has identified them in a same category)
Comparable Worth
equal pay for jobs that are of equal value to the employer
nafta
established free trade among US, Canada, and Mexico will gradually eliminate all tariffs
Defenses or privileges
even if you made a false statement, you won't be held liable, that is you have immunity from tort liability
sovereign immunity
every nation has absolute and total authority over what goes on within its own territory
agency authority can be
express - based on written/spoken words of principle implied - actual authority inferred from words ("manage the store") or based on conduct (hand manager a bank bag) Apparent—might be 'actual' authority, but not necessarily!
Internationally, ________ or _______ refers to the government seizure of foreign-owned property for a public purpose and the owner is paid "just" compensation
expropriation; nationalization
Pregnancy Discrimination act of 1978
extended Title VII protection to pregnant employees. Must treat like temporary disability
two parts of proximate cause
factual cause or causation in fact scope of liability -- forseeability
contributory negligence
failure of plaintiff to exercise reasonable care & so it is her own fault plaintiff is harmed
Contributory Negligence
failure of plaintiff to exercise reasonable care and so it is her own fault she is harmed! Even small % of fault can bar Plaintiff recovery. (Only a few jurisdictions with this rule). Exception: LAST CLEAR CHANCE: Even though Plaintiff was negligent, if Def could have avoided injury to Plaintiff in a "last clear chance" then Plaintiff could still recover damages
Negligence
failure to exercise reasonable care under the circumstances
Fraudulent Misrepresentation
false statement made with knowledge of its falsity and with intent to induce another to act
Fraudulent misrepresentations
false statement made with knowledge of its falsity, intended to induce another to act
assault
fear, intentional infliction of apprehension of immediate bodily harm or offensive contact - knowledge required
Rehabiliation Act of 1973
federal contractors and agencies to hire qualified handicapped persons
Two types of freehold estates
fee estates and life estate
ADA
forbids discrimination based on disability accessible facilities can only inquire if candidate can do position, no physical tests
Americans with Disabilities Act of 1990
forbids discrimination on the basis of disabilities and requires employers to provide reasonable accommodations for disabled employees
Americans with Disabilities Act of 1990 (ADA)
forbids er discrimination based on disability; requires accessible facilities; er must make "reasonable accommodations". Cannot require physical exam prior to being hired; can only inquire if application could do the requirements of the position, with or without a reasonable accommodation. Also, requires public sector to be handicap accessible, such as theatres and restaurants.
deed
formal document transferring any type of interest in land
Constitutional privilege
freedom of speech & press issues
sale of real prperty
generally formal
Lie Detector tests
generally unavailable; only can be used for current investigations or economic loss or injury to company - specific questions
donor
giver of gift
fungible goods
goods that are alike naturally, by agreement, or by trade usage
Confiscation
government seizure of assets without "just compensation"
Contracts for the International Sale of Goods (CISG)
governs all contracts for the international sales of goods between parties located in nations that have ratified CISG US and 40 others
Convention on Contracts for the International Sale of Goods (CISG)
governs all contracts for the international sales of goods between parties located in nations that have ratified this law. No perfect tender
warranty deed
grantor promises buyer that the grandtor has a valid title to property -grantor obliges to make grantee whole if grantee suffers any damage due to defective title -covenants include: title, against encumbrances, quiet enjoyment and warranty
quitclaim deed
grantor transfers whatever interest he has in property,
reversion
grantor's right to property upon termination of another estate property may return to grantor or successor alex gives to mario for life but mario dies, alex gets it
kinds of torts
harm to person harm to right of dignity harm to property harm to economic interest
Joint Tenancy
has a "right of survivorship." When one joint tenant dies, the other joint tenant(s) owns the property alone.
Landlord
has reversionary interest in property; provides quiet enjoyment; can't discriminate
Tenant
has temporary use and possession of land; cannot destroy; can be evicted, if wrongfully abandons
describe unforeseeable consequences in relation to causation in fact
hat even if the defendant's negligence is a cause in fact of the harm to the plaintiff, the conduct is not a proximate cause unless the defendant could have reasonably anticipated injuring the plaintiff or a class of persons of which the plaintiff is a member. ex: train scale falling example
limitations to termination at will
have a contract or company has a personnel procedure statutory limitations - fed gov't and state restrict terminations - cant fire for using legal rights judicial limitations -
escrow
holding by a third party of a document until all conditions in contract are fulfilled
tenancy in common
holds an undivided interest with no right of survivor-ship -interest divised by will or pass by intestate succession
Serious objective intent
how reasonable offer would interpret the offer (objective theory of contracts)
Actual Direct Notice
if TP had dealt with A previously or been 'especially accredited'
actual direct notice for termination
if TP had dealt with A previously or been 'especially accredited.'
when does negligence per se occur
if a statute sets a reasonable person standard of conduct, the unexcused violation of it is negligence per se
Vietnam Veterans Readjustment Act of 1974
if firm has >$10K in federal contracts must do affirmative action for disabled vets
negligent per se
if you fail to follow the law (a statute) an injury occurs and the type of harm caused is the type of harm the statue was trying to prevent
labor management relations act (LMRA
in response to an increase in union membership and labor unrest following passage of the NLRA. prohibits unfair union practices, prohibits closed shops, allows union shops act reinstates civil injunctions in labor disputes
remedies available to an employee who brings successful employment discrimination action
include injunction, appropriate affirmative action, and reinstatement of employees and award of back pay
Social Security
includes Old-age and Survivors Insurance, Disability Insurance, Hospitalization Insurance (Medicare) and Supplemental Security Income (SSI). Both ee and er contribute
labor dispute
includes any controversy concerning terms or conditions of employment or union representation
international law
includes law that deals with the conduct and relations of nation-states and international organizations as well as some of their relations with persons; such law is enforceable by the courts of a nation that has adopted the international law as domestic law
Misuse of Legal Procedure
includes malicious prosecution, wrongful civil proceeding, and abuse of process that protects an individual from unjustifiable litigation
Handicapped person
individual who (1) has a physical or mental impairment that substantially affects one or more of her major life activities, (2) has a history of major life activity impairment, or (3) is regarded has having such an impairment. ** Not included: alcohol and drug abuses
Remedies
injunction (telling someone not to do something), affirmative action by er; reinstatement and promotion of ees, back pay, and money damages
Defamation
injury to a person's reputation by communication (publication) of false statements to at least one person other than the person being defamed
Conversion
intentional exercise of control over another's personal property
Conversion of Personal Property
intentional exercise of control over another's personal property
conversion
intentional exercise of control over another's personal property, must pay value of property
Battery
intentional infliction of harmful or offensive bodily contact (knowledge not required - ie. victim can be asleep or unconscious)
battery
intentional infliction of harmful or offensive bodily contact - knowledge not required
false imprisonment
intentional interference with a person's freedom of movement by unlawful confinement
False Imprisonment
intentional interference with a person's freedom of movement by unlawful confinement. Watch out if apprehending shoplifters! Can detain suspected shoplifters if have probably cause to detain, do so in a reasonable manner, and only for a reasonable time.
Trespass (Personal property)
intentional taking or using of another's property (without permission); must pay damages for unauthorized use
trespass on personal property
intentional taking or using of another's property, must pay damages for unauthorized use called conversion
Interference with Contractual Relations
intentionally causing one of the parties to a contract not to perform
interference with contractual relations
intentionally causing one of the parties to a contract not to perform
Two types of gifts
inter vivos and causa mortis
confusion
intermixing of goods belonging to two or more owners such that the property of all of them can no longer be identified
Confusion
intermixing of identical goods belonging to 2 or more owners - willful, intentional or wrongful act - must prove his share or will lose it; if shortage, he suffers the loss - unintentional: prove your portion and then recover your share
World Intellectual Property Organization
international organization whose members sign treaties to agree to protect intellectual property
Regional Trade Communities
international organizations, conferences, and treaties focusing on business and trade regulations; the EU and NAFTA is the most prominent of these
regional trade communities
international organizations, conferences, and treaties focusing on business and trade regulations; the EU is the most prominent of these
Abnormally Dangerous Activities
involve a high degree of risk of serious harm and are not matters of common usage
Strict Liability: "Abnormally dangerous activities"
involve high degree of risk of serious harm and are not matters of common usage. Ex: fireworks, crop dusting, explosives, oil drilling in populous areas (except in Texas)
partition
is physical division of the property, changing undivided interests into smaller parcels owned by individuals
servient parcel of land
is the one that is subject to an easement
Fixtures
items of personal property that are attached or annexed to real property
proximate cause*
judicially imposed limitations on a person's liability for the consequences of his negligence -strict liability cases cause the corts impose a narrower rule
malice
knew statement was false, or were reckless in failing to determine falsity and defamatory character
international contracts should specify
language, currency, choice of law designating the governing law, and which nation's court will resolve disputes or arbitration fore majeure clause apportioning liabilities and duties of parties in unforeseeable occurrence
act of state doctrine
legal doctrine that prohibits the courts of one country to sit in judgement of the acts of another government done within its own territory
property
legally protected interest or group of intersets
2 types of defamation
libel slander
Two types of defamation
libel and slander
Scope of Liability-Foreseeability
limitation on causation; defendant will not be liable if he could not have anticipated injuring the plaintiff or class of persons to which plaintiff belongs
scope of liability
limitation on causation; defendant will not be liable if he could not have anticipated injuring the plaintiff or class of persons to which plaintiff belongs
Scope of Liability - Foreseeability
limitation on causation; defendant will not be liable if he could not have anticipated injuring the plaintiff or class of persons to which plaintiff belongs - Ex: Def. leaves open pit on sidewalk. Becomes dark and someone hurt when falls into. Becoming 'night time' is an intervening cause, but Def is still liable. - Superseding cause -- Def. leaves open pit on sidewalk and someone is pushed into it. Def. is NOT liable
product liability is best described as
limited form of strict liability for those who sell goods in a defective condition unreasonably dangers to the user or consumer
easement
limited right to another's land in a specific manner ex: utility company on your property
Easement
limited right to another's land in a specific manner. Ex: utility company on your property
3 torts from misuse of legal procedure
malicious prosecution, wrongful civil proceedings, and abuse of process
delivery of gift
manual transfer of item to the donee, can be constructive
Special Types of Wills
may be binding only in specific situations and have limitations Nuncupative Will - unwritten, oral, made before witness (death bed) and can only transfer personal prop Holographic will - entirely in the testator's handwriting; no witness required Soldier's and Sailors' wills - some states relax testamentary requirements Living Wills - person specifics no extraordinary medical treatment to preserve life
irrevocable gift
may be effected by constructive delivery when actual delivery of the gift item itself is not possible
Malice
means the defendant knew the statement was false or acted in reckless disregard of the truth (defendant didn't care if it was false or not; failed to determine falsity and defamatory character)
Apparent
might be 'actual' authority but not necessarily - P makes it look like A has authority to do something but they don't necessarily - look at this from the 3rd party
gift
must be completed by delivery, a promise to make the gift is not binding
Contract of Sale
must be in writing since real estate
contract of sale
must be in writing since real estate
intent of gift
must be intent of donor to give a gift to the donee, gifts other than engagement gifts can not be conditional
Disparate Impact
neutral rules that adversely affect a protected class and are not justified as being necessary to the business. * Ex: you must be 5'8" tall to be a truck driver; usually based on height, weight, strength requirements that may eliminate women or national origins from certain jobs (police, fire) ** employer must be able to show why!
Do US intellectual property protection laws apply in foreign countries?
no
Strict Liability
no FAULT required to be held liable
Intestate Succession
no a will ('intestate'), so property will pass to his heirs at law, based on state law
how much fault required for strict liability
no fault required to be held
duty to trespassers
no intentional injury and must use reasonable acre in carrying on activities and warn trespasser
confiscation
no payment (or an inadequate payment) is given in exchange for the seized property
is principal bound when agent exceeds actual and apparent authority?
no, agent is liable to third party for damages if the agent expressly or impliedly warrants that he has authority unless the principal ratifies the contract or the third party knew the agent was unauthorized.
can international law be enforced
no, international courts do not have compulsory jurisdiction to solve some disputes.
nuisance
non-tresspassory interference with another's use and enjoyment of land ex: fumes, dust,pollution
nuisance to real property
nontrespassory invasion of another's interest in the private use and enjoyment of his land
disparate impact
not discrimination but requires , height, weight, language spoken
intent
not hostile or evil, enough that the actor desires to cause the consequences of act or if consequence is substantially certain
intangible property
not tangible
Agent's Duties to the Principal
obedience, performance/diligence, account, inform/notification, fiduciary duties
expropriation
occurs when a host government seizes foreign owned property or assets for a public purpose and pays the owner just compensation
breach of duty of care
occurs when defendant fails to conform to the required standard of conduct established for protection of others
public disclosure of private facts
offensive communication to the public at large of private information about another person
Public disclosure of private facts
offensive publicity given to private information about another person - disclosure is offensive and objections to reasonable person - publicity required: communication to the public at large so that it becomes public knowledge
False light
offensive publicity placing another in a false light (not necessarily defamatory) - Def. Knew was false or reckless disregard in not checking out the truth - Publicity required
inter vivos gift
one made by a donor during her lifetime
causa mortis gift
one made by a donor in contemplation of her imminent death
dominant parcel of land is
one whose owner has rights in other land
Unemployment Insurance
only er pays. Pays benefit to ee who loses his job and cannot find other employment
Defenses of Discrimination - Business necessity
only in disparate impact cases * Ex: legitimate job requirement reasonably necessary for the er's particular business, such as Chinese restaurant who wants Chinese chef to preserve authenticity or ambience compensation system based on performance
international court of justice
only nations can be parties jurisdiction only when nations agree, can ignore decision
comparable worth
only requires equal pay for equal work, it does not apply to different jobs even if they are comparable
Slander
oral defamation
slander
oral defamation
Accession
owner of property also owns any increase in it (puppies)
Concurrent Ownership
ownership by one or more persons (co-tenants) at the same time. Tenancy in common - co-ownership whereby each tenant holds an undivided interest with no right of survivorship; Can partition-physically divide up into smaller parcels, individually owned instead Joint tenancy - has a "right of survivorship."When one joint tenant dies, the other joint tenant(s) owns the property alone. Interest cannot be transferred by will. Joint tenant can deed the property (his share) to another, but joint tenancy will be destroyed and will only be Tenants in common (co-tenants) Must be created in by having "four unities" - time, title, interest, and possession
Freehold Estate
ownership of land lasting indefinitely
Freehold Estates
ownership of real property for an indefinite time (free estate) or for the life of a person (life estate)
life estate
ownership right to property for the life of a designated individual cannot commit "waste" - permanent or detrimental to value
Fee Simple Defeasible
ownership will end upon the happening of an event; "O to X for as long as she remains unmarried."
power of attorney statute
permits an agent's power to survive or be triggered by the principal's loss of mental competence
union shop
permits the employer to hire nonunion members but requires them to join the union within a specified period after being hired.
invitee
person invivted upon land as a member of the public for a business purpose
licensee
person privileged to enter or remain on land by the consent of the lawful possessor -ex: members of household, social guests, & salespersons calling at homes
trespasser
person who enters or remains on the land of another wihtout permission or privilege to do so
fixture
personal property that becomes real property by virtue of its permanent attachment to the realty
real property
physical property such as land and buildings
Assumption of risk
plaintiff knew about risk and took it anyway. Ex: go to a baseball game - get hit by a foul ball. Plaintiff loses. In business, get a waiver of liability
personal property
possessions such as jewelry, furniture, and boats
actual authority
power conferred upon agent by actual consent given by principal.
eminent domain
power to take private property for public use, needs just compensation
disparate treatment under civil rights act
primie facie case of discrimination: a. within a protected class b. applied for an open position c. was qualified d. denied e. employer ocntinued to try and hire
reinbursement
principal is under a duty to pay back authorized payments the agent has made on principal's behalf.
Foreign Corrupt Practices Act (FCPA)
prohibits all domestic concerns from bribing foreign government officials
Age Discrimination in Employment Act of 1967 (ADEA)
prohibits discrimination on the basis of age in hiring, firing, or compensating; usually prohibits mandatory retirement. Applies to private er's with 20 or more ees and all govt units. Normally covers age over 40. * This gave protection for age
Title VII of the Civil Rights Act of 1964
prohibits employment agencies, employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex. DOESN'T COVER AGE OR DISABILITY
letter of credit
promise by a buyer's bank to pay the seller provided certain conditions are met. The buyer enters into a second contract with a local bank, called an issuer, requesting the bank to pay the price upon presentation of specified documents. The commitment by the buyer's bank is the irrevocable letter of credit
fee simple estate
property is owned absolutely and can be sold or passed on at will. absolute rights of transfer-ability and of transmitting by inheritance are basic characteristics of a fee simple estate
absolute privilege
protects defendant regardless of motive or intent ex: court proceedings, members of congress on the floor
Absolute privilege
protects defendant regardless of motive or intent. Reasoning: public policy clearly favors complete freedom of speech in some situations. Example: court proceedings, members of Congress on the floor or other legislative branches, or some executive branch officers, statements between spouses
disparagement
publication of false statements about another property or products
Disparagement
publication of false statements about another's property or products (think defamation but not about a person)
Rehabilitation Act of 1973
purpose is to assist handicapped in obtaining rehab training, access to public facilities and employment. Prohibits discrimination in federal programs and those receiving federal money
examples of nontariff barriers
quotas, bans, safety standards, and subsidies
Drug & Alcohol Testing
random vs reasonable cause; depends on if public sector or private. Random testing only allowed for public health, safety or national concern or similar occupations (police). Selective drug testing if sufficient cause to believe ee using drugs.
defenses to strict liability*
read study guide
Violation of Statute
reasonable people follow the law, so you might be "negligent per se" if you fail to follow the law, an injury occurs, and the type of harm caused is the type of harm the statue was trying to prevent. Proof of lawsuit is easier at trial: Plaintiff doesn't have to prove what a reasonable person would do and how the defendant breached that duty. Just shows the existence fo the statute and that it was violated, and so is conclusive on issue of negligence.
donee
recipient of a gift
nationalization
refer to all business in a certain category being taken, not just one particular business
purpose of NLRB
remedy unfair labor practices and to supervise elections.
WARN
requires er to notify ee 60 days in advance of plant closing or mass layoff
Family & Medical Leave Act of 1993
requires some ers to grant ees leave for "serious health conditions" or certain other events. Leave is NOT required to be paid by er. Er must have 50+ ees and ee must have worked at least 12 months/1250 hrs
Will
revocable, written instrument ('testament'), executed with formalities required by statute, whereby a person ('testator') makes a disposition of his property to take effect after his death
joint tenancy
right of survivorship death of one tenant means the other tenant gets it interest cannot be transferred by will
accession
right of the owner of the property to any increase in it, whether caused by natural or artifical means ex; If I own a cow I get the baby cows
fee estate
right to immediate possession for an indefinite period of time
Fee Estate
right to immediate possession for an indefinite period of time - Fee Simple: absolute ownership; the "most" you can possibly own of real estate - Fee Simple Defeasible: ownership will end upon the happening of an event; "O to X for as long as she remains unmarried"
leasehold estate
right to possess real property -continues for a definite term and that it carries with it the obligation on the part of the tenant to pay rent to the landlord
Civil Rights Act of 1964
rohibits employment discrimination on the basis of race, color, sex, religion, or national origin in hiring, firing, compensating, promoting, or training and other employment-related processes -applies to businesses with 15+ employees -doesnt cover age or disability
Act of State Doctrine
rule that a court should not question the validity of actions taken by a foreign government in its own country
licensing
sale of an intellectual property right, such as patent, trademark, trade secret, or innovative production technology. The foreign firm pays royalties in exchange for the use of the right. Franchising is a form of licensing in which the owner grants permission to a foreign business to use the intellectual property under carefully specified conditions.
direct export sales
seller contracts directly with the buyer in the other country -simplest multinational enterprise
Termination at Will
someone can be fired for "good cause, bad cause or no cause at all" BUT cannot be for a discriminatory reason, in violation of ee's contract, in violation of a statute, or court imposed limitations
termination at will
someone can be fired for "good cause, bad cause or no cause at all". BUT cannot be for a discriminatory reason, in violation of employee's contract, in violation of statute, or court imposed limitations
principle of absolute immunity of a foreign soverign from the courts of the host country is known as
sovereign immunity
right to work law
state statute that prohibits union shop contracts
GATT favored nation provision
states that all signatories must treat each other favorably as they treat any other country
substantial factor test
states that the conduct is a cause of the event if the conduct is a substantial factor in bringing about the harm
2 limitations on causation in fact
superseding cause & unforeseeable consequences
national labor relations act (NLRA)
supported collective bargaining and unionization, made it a protected right employees have right to be represented by union made NLRB - national labor relations board prohibited unfair labor practices including right to unionize, discrimination against non unioners, and refusing to bargain in good faith
distributorships
takes title to merchandise it receives, susceptible to antitrust violations
A duty or tax paid on imports and which has the effect of being a barrier to international trade and protecting domestic (ie US) markets is called a _____________________________.
tariff
constructive notice for termination
telling everyone else, newspaper ad
Defenses of Discrimination - Professionally developed ability test
test shows that ee has necessary skills or attributes to do the job; if don't pass test, er does not have to hire
if p employs an I/C who commits a tort, who is liable
the I/C, because P cannot closely monitor.
the legal doctrine that prohibits he courts of one country to sit in judgement of the acts of another governement done within its own territory is
the act of state doctrine
actual express authority
the express authority of an agent is found in the words of the principal, spoken or written, and communicated to the agent.
law of conveyancing
the law of conveyancing provides that a contract for the sale of land carries with it an implied obligation on the part of seller to transfer marketable title
res ipsa loquitur
the thing speaks for itself permits the jury to infer both negligent conduct and causation from the mere occurrence of certain types of events it applies when the event is of a kind that ordinarily does not occur in the absence of negligence
sale of tangible personal property & title
title passes when parties intend it to pass, transfer of possession is not required for transfer of title
Conditional privilege
to protect own legitimate interest
Sale
transfer of property for consideration - parties intend to pass property - transfer of possession not required
Gift
transfer of property without consideration - Delivery: manual transfer or constructive deliver - Constructive Delivery: symbolic of control, such as keys - Intent on part of a donor: to make gift, not loan to make a present transfer - usually not conditional ** acceptance by donee - presumed unless gift rejected
appropriation
unauthorized use of a person's identity
Appropriation
unauthorized use of another person's identity for one's own benefit - usually is publicated in advertising product or service)
vested remainder
unconditional remainder that is a fixed, present interest to be enjoyed in the future ex:"O to son X for life, and then grandchild Y
antitrust laws apply when
unfair methods of competition that have direct, substantial and reasonably foreseeable effect on US commerce
what do legal procedure torts protect from
unjustifiable litigation , impose liability for damages caused by improperly brought proceedings. & from using a legal proceeding to accomplish a purpose for which it wasnt designed
Intrusion
unreasonable and highly offensive interference with the seclusion of another (unlawful entry, eavesdropping, snooping!) - offensive and objectionable to reasonable person & involve private matters - no publication required - tort occurs at time of intrusion
intrusion
unreasonable and highly offensive interference with the seclusion of another is the tort of intrusion One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.
Disparate Treatment
using proscribed criteria to produce disparate treatment. Er typically intentionally discriminated: ie did not hire because applicant was female. Plaintiff makes "prima facie" case: shows he applied for open position was qualified, was denied, and er continued to try to fill the position. Burden then shifts to er to prove non-discriminatory reason
Statute of Frauds
usually can be oral agreement but sometimes contract law requires a writing * Examples when need to be written: work will take more than 1 year to complete; or 'equal dignity' doctrine -- underlying transaction (ex real estate) would need writing
special warranty deed
warrants only that the title has not been impaired, encumbered, or made defective because of any act or omission of grantor
when is P vicariously liable?
when A is an employee based on doctrine of respondeat superior, because P had the right to direct the actions of the A.
remainder*
will take effect in possession if at all on the termination of a prior estate created by the same instrument -held by a person other than the grantor or his successors unlike a reversion
norris-laguardia act
withdrew from federal courts the power to issue injunctions in nonviolent labor disputes -labor has full freedom to unionize, prohibited contracts that employees promised not to join a union
when is agency relationship needed to be in writing
work will take more than 1 year to complete; or 'equal dignity' doctrine - underlying transaction (ex R/E) would need writing
trespass real property
wrongful entry onto another's land is trespass to real property
trespass to real property
wrongfully entering/remaining on land of another
when there is apparent authority but no actual is the principal bound by acts of the agent?
yes, however, the agent has violated the duty of obedience and is liable to the principal.
Under the doctrine of confusion, if James, Kevin, and Loren accidentally commingle identical cases of soda, and there is not enough left to distribute a full share to each: a. the first owners proving their proportion of the whole are entitled to receive their share. b. the loss will be borne by each in proportion to his share. c. no party will recover anything unless he can prove his share. d. none of the above.
b. the loss will be borne by each in proportion to his share.
trespass to personal property
an intentional dispossession or unauthorized use of the personal property of another
Possibility of Reverter
"O to City for use as a park, and for so long as it is used as a park." If City fails to use as a park, O's heirs will get title to land.
Res Ipa Loquitur
"The thing speaks for itself"- Negligence is obvious and the incident would not have happened if negligence did not occur. -plane crash
Sexual Harassment
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. Ex: If you don't ___, you will be fired. 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. Ex: I wanted you to ___, so you do not get a promotion. 3. such conduct has the purpose or effect of reasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment". Ex: dirty jokes, calendars, etc. that are hurting your ability to do your job ** NOTE: Since 1998 includes same sex harassment. Er may be vicariously liable for harassment by their agents (ees) even if don't have actual knowledge
Promissory estoppel
"detrimental reliance"; promise made that other party justifiably relied upon and acted to his detriment; justice requires enforcement (not a contract, missing consideration)
when does apparent authority arise?
(i) when a principal appoints an agent to a position that third parties reasonably believe gives the agent authority to do certain acts; (ii) a principal gives an agent general authority regarding a certain transaction and later restricts the agent's authority without informing the third parties involved; (iii) a principal agrees to similar prior deals between the agent and a third party; (iv) the agent shows the third party a document from the principal that appears to authorize the agent (v) a principal terminates an agent without informing third parties with whom the agent has previously done business.
Revocation by Operation of Law
- Destruction or alteration: revokes the will if intentional - Subsequent will: revokes prior wills to the extent they are inconsistent - Codicil: addition or revision of a will executed with all testamentary formalities - Marriage: generally revokes a will executed prior to marriage; divorce, maybe not! - Birth of a child: may revoke at least as far as that child is concerned - Renunciation by surviving a spouse: if spouse prefers provisions of state laws of descent
Elements of Negligence:
- Duty to use reasonable care - Breach of duty of care - "Proximate Cause" (book now calls Factual cause + Scope of liability) - Harm or injury
A's authority to act for P can be:
- Express: actual authority based on written/spoken words of P - Implied: actual authority inferred from words ("manage the store") or based on conduct (hand manager a bank bag)
Defamation about public official/figure
- If false/defamatory statement is made about a public official or public figure (who do not expect as much privacy as others), then defendant not liable unless statement made with 'malice'. So, if defendant was merely negligent in making the false statement, (ex: investigated statement to try to determine the the truth) then defendant would win when sued for defamation
Defamation about NOT public official/figure
- If false/defamatory statement is made about person who is NOT public official/figure, then plaintiff can recover damages if statement was (1) made with 'malice' or (2) defendant was simply negligent in not checking out the comment
Termination at Will Limitations
- If you have a contract or company has a personnel procedure, must comply with those. 1. Statutory Limitations: federal government and some states restrict terminations. EX: can't fire someone as retaliation for exercising their legal rights (filling worker's comp claim) 2. Judicial Limitations: court imposed limits based on contract law, public policy or tort law - Refusing to violate a statute - Performing a statutory obligation - Reporting a violation of a statute that is of public interest - but better be sure you are right!
Real Property (land and anything attached to it) -
- If you own real property, you are entitled to exclusive use & quiet enjoyment of it - Trespass: wrongfully entering/remaining on land of another (intent to trespass not really required as long as intended to go on land) - Nuisance: non-trespassory (air: fumes, dust; pollution: stream) interference with another's use and enjoyment of land
Two Types of Gifts:
- Inter vivos: made during a person's lifetime - Causa Mortis: make in contemplation of imminent death but * donee must survive donor * donor died as "planned" * donor did not revoke prior to death * doesn't work for real property, only personal
Types of Property
- Tangible: physical objects - Intangible: protected interest in non-physical thing - Real: land and interests in land - Personal: anything not real property - Fixtures: personal property firmly attached to real estate; intent to become part of real estate; * Factors: 1. physical relationship (of item to building) 2. Intention 3. Purpose 4. Interest of person at time attaches 5. Ease of removal without causing damages
Deeds:
- Title to real property is transferred by deed - Delivery: Deed odes not transfer title until delivered, or shown that eh grantor has the intent to transfer title. Also must have grantor's signature, description of land, seal, notary signature. - The deed should be recorded in the country's records to give the public ( and especially potential subsequent purchasers) notice about the ownership of the property. If you don't, you might lose ownership of the property to someone who did record
Strict Liability: Animals
- Trespassing animals - Generally owners liable for harm caused by animals except: 1. cats & dogs - only liable for negligence 2. if being "lawfully driven on a highway" - may be liable for negl 3. farm animals (Western States) - ok to trespass to graze - Non-Trespassing animals: wild animals - Strictly liable! - Domestic Animals: owner is liable if knew or should have known of animal's dangerous propensity. Texas uses "One bite rule" but animal does not have to actually bite to be liable.
Duty to: Invitee
- Who is a Person: Invited upon land as member fo the public or for business purpose - Ex: PUBLIC INVITEES: parks, benches, public pools, gov't bldgs (deed office), post office, IRS BUS VISITOR: store customer, repairman - Duty: to use reasonable care to PROTECT against dangerous conditions the possessor should know of but invitees are unlike to discover ("Inspect and Protect") <-- REMEMBER THIS
Duty to: Trespasser
- Who is a Person: On land without permission - Ex: anyone - Duty: Not to intentionally injure
Duty to: Licensee
- Who is a Person: Privileged to enter or remain on land due to consent - Ex: household members, social guests, salespeople at home - Duty: To WARN of known dangerous conditions that licensees are UNLIKELY to discover
Will or Descent
- a person may specify exactly the persons he wishes to inherit his estate under a will - absent a will, the Legislature will determine your 'loved ones' for you
"INTENT" for intentional torts:
- not the same as for criminal law; no evil or hostile motive required - INSTEAD, the actor desires to cause the consequences of his act or that he believes the consequences are substantially (almost) certain to result from the act. That means he either intended the conduct or intended the harm. - Intent can be "transferred" from one person to another - Minors and incompetents -- might be liable for intentional torts if sufficient intelligence.
Fulfillment of Purpose
-Agent did whatever Principal engaged him to do
Kinds of Agency Relationships
-Employer and Employee -Principal and Independent Contractor
3 items that warrant sexual assault
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. such conduct has the purpose or effect of reasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." --Er may be vicariously liable for harassment by their agents (ees) even if don't have actual knowledge
4 torts for employee privacy
1. unreasonable intrusion into the selection of the other 2. unreasonable public disclosure of private facts 3. unreasonable publicity that places another in a false light 4. appropriation of a person's name or likeness
family of medical leave act
12 weeks pay/unpaid leave for medical/family reasons employee must have worked for at least 12 months/1250 hours applies to 50+ employees as well as governments
Executive Order
1965 applies to federal contractors; prohibits discrimination on basis of race, color, gender, religion, or national origin on any work the contractors perform during the period of a federal contract
Occupational Safety and Health Act (OSHA)
1970 law; purpose is to ensure workers a safe and healthful work environment - Can develop standards - Conduct inspections - Monitor compliance - Institute enforcement actions - Can be both civil and criminal violations
Employe Privacy
4 torts (intrusion, public disclosure of private facts, false light, appropriation)
Apparent Authority
The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.
When is A liable or personally bound on contracts he made behalf of P
A acted with actual or apparent authority, P will always be liable on the contract to the TP. BUT if A did not have actual authority, the Agent is liable to P and will have to pay him back. if TP does not know Name of P at the time the contract was made, the TP can sue the A, but if A had actual authority, the TP can sue the P when he finds out who he is. Can only recover judgment against one of them, not both.
Delegation
A cannot generally delegate his authority to act for P unless P consents
causation in fact
A defendant's negligence must be the actual cause of the plaintiff's injury.
Assumption of Risk
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
Sovereign Immunity
A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied (not in a commercial capacity).
Undisclosed Principal contract
A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract. the agent is personally liable upon a contract she enters into with a third person on behalf of an undisclosed principal, unless the third person, after discovering the existence and identity of the principal, elects to hold the principal to the contract.
What is the difference between settling an estate through a probate versus administration?
A probate is when the executor is chosen by the testator, whereas the court selects the administrator in an administration.
Letter of Credit
A promise by the bank to pay the seller a given amount if certain conditions are met.
Bilateral contract
A promise for a promise
Unilateral contract
A promise for an act; completion of contract is when act is performed
Contingent Remainder
A remainder interest conditional upon the happening of an event in addition to the termination of the preceding estate "O to son X for life, and then to X's children, but, if X has no children, then to Y."
tenancy at sufferance
A tenancy that occurs when a tenant that is supposed to vacate does not, but continues to pay rent, and the landlord accepts it.
unfair labor practice
Any action by either the union or management that is prohibited by law or NLRB ruling. Include interference with the right to unionize, discriminating against union members, and refusing to bargain in good faith.
What is apparent authority, and who would be liable for the confusion?
Apparent authority is when the principal leads the third party to believe that the agent has actual authority to do something. However, if the agent isn't under the agreement, the principal will still be liable.
Fraud
Assent to contract is not genuine if this was used to get it
When to disaffirm
At any time before reaching majority and within reasonable time after reaching majority (exception: sale of land)
Regulatory licensing statutes
Designed to protect public, must prove competency in area by education or experience; unlicensed person may not recover
Revenue licensing statutes
Designed to raise money for state; if purpose of statute is to merely raise money unlicensed person may recover
To cut off a liability line, you require a...
Direct communication
Many countries have entered into agreements to facilitate trade within certain regions of the world. Two examples of these Regional Trade Communities are __________
European Union (EU) and NAFTA
constitutional privilege
applies to comments about public officials or public figures so long as the comments are made without malice
exemplary or punitive damages
Damages which are intended to punish defendants for their behaviour or to make an example of them
Liquidated debt
Debt is not disputed, not contested as to existence of debt and amount due
delivery
Deed does not transfer title until delivered, or shown that the grantor has the intent to transfer title. Also must have grantor's signature, description of land, seal, notary signature.
Types of Discrimination
Disparate treatment, present effects of past discrimination, and disparate impact
Legal detriment to the promisee
Doing of something or refraining from doing something they were under no prior legal obligation to do
Fiduciary duty
Duty to act with utmost loyalty and good faith
Fiduciary Duty
Duty to act with utmost loyalty and good faith No conflicts of interest; No self-dealing; Duty not to compete; Confidential information; Account for financial benefits - including bribes, kickbacks, and gifts
What must the principal do when the agent agreement is terminated?
Either give actual direct notice if the third party was working directly with them or constructive notice to everyone else.
Intent for intentional tort
Either intended the CONDUCT or intended the HARM
In the U.S., the taking of property by the government for a public purpose and with just compensation is called _________
Eminent domain
Defenses of Discrimination - Bona fide occupational qualification (BFOQ) (except NA for race)
English fluency may be BFOQ. Must be limited, reasonable and business related. * Ex: ee has much communication with clients; teacher with thick accent - students could not understand ** Make sure you absolutely need it
What act protects discrimination based off gender?
Equal Pay Act
Equal Pay Act
Er cannot discriminate on basis of gender by paying unequal wages for the "substantially equal" work
Present Effects of past Discrimination
Er's conduct appears "neutral" but actually perpetuates past discriminatory practices. * Ex: promotions based on seniority within certain positions within company, but in the past, minorities had not been hired in those positions, so therefore would not have seniority, and could not be promoted
Title VII of the Civil Rights Act of 1964:
Prohibits employment discrimination on the basis of race, color, gender, religion, or national origin. Includes all aspects of the employment process such as hiring, firing, compensating, promoting, and training. Covered ees work in industry affecting commerce, government entities, labor unions, if have 15 or more employees. No retaliation if employee files claim. DOES NOT COVER AGE OR DISABILITY!!!
Bargained-for exchange/ past consideration
Promise in exchange for an act completed prior to making of promise will not be enforced unless performed for that promise (install stereo, promise to pay, don't have to)
Pre-existing duty rule
Promise is not enforceable because duty already exists by law and lacks consideration
Moral obligations
Promises based on these are not enforced by courts due to lack of consideration, no legal benefit or detriment
Illusory promises
Promisor is free to perform or not perform based on language used in the promise
Intangible Property
Property that has no physical form
Absolute privilege (defamation)
Protects defendant regardless of motive or intent.Reasoning: public policy clearly favors complete freedom of speech in some situations. Example: court proceedings, members of Congress on the floor or other legislative branches, or some executive branch officers, statements between spouses
Occupational Safety and Health Administration (OSHA)
Purpose is to ensure workers a safe and healthful work environment
Rejection
Refusal to accept offer; effective when received
Counteroffer
Rejects original offer, makes new offer
Settlement of claims
Release and debts
Substituted contracts
Rescind previous one, enter into new, enforceable one
Termination by action of parties
Revocation, rejection, counteroffer
Mutual Agreement
The agency relationship is created by agreement and may be terminated at any time by mutual agreement of the principal and the agent
Duty to Account
The agent is under a duty to maintain and provide the principal with a true and complete account of money or other property that the agent has received or expended on behalf of the principal.
What determines whether the agent is an employee versus an independent contractor?
The amount of control the principal has over the agent.
Life Estate
Right of ownership for the life of a specific person, "O to X for life" * Note: Title to real estate must vest in someone at all times. That is, upon death of X, title must immediately vest in whomever has either a remainder interest (another person) or a reversionary interest (back to the original grantor/owner) - Ex: "O(OWNER) to son X for life, and then to grandchild Y." This is a vested remainder defined as a fixed present interest to be enjoyed in the future. - Ex: "O to son X for life, and then to X's children, but if X has no children, then to Y." This is a contingent remainder. - Ex: "O to son X for life, and then to O." this is a reversion. Grantor gets the property back again after the termination of the life estate (or whatever other estate ended). could be "possibility of reverter" - "O to City for use as a park, and for so long as it is used as a park." If City fails to use as a park, O's heirs will get title to land
2 Types of Transfer of Title of Personal Property:
Sale and Gift
quit claim deed
Seller transfers whatever interest (IF ANY) he has in the property - no promises at all against defects in title, or that he even owns the property
Requirements for an offer
Serious objective intent, definite terms, communication
Communication of acceptance
Silence is not usually acceptance unless agreed upon
Torts
Summaries of rules of law developed through cases can be found in the restatements, and for this topic, the Restatement of Torts.
Adhesion contracts
Take it or leave it
Undue influence
Taking unfair advantage of a person by reason of dominant position based on a confidential (fiduciary) relationship, VOIDABLE
Death or incompetency, destruction of subject matter
Terminates the offer
Termination by Acts of the Parties
Termination may occur by lapse of time, fulfillment of purpose, occurrence of a specific event, mutual agreement by the parties, revocation of authority, or renunciation by the agent.
Substantive unconscionable contracts
Terms of contract are oppressive or grossly unfair
Which of the following are torts against the person? a. Battery and assault b. False imprisonment and trespass c. Defamation and conversion d. All of the above are torts against the person.
a. Battery and assault
One precaution that can be taken by U.S. firms to avoid economic loss caused by seizure of property by a foreign government is to obtain insurance from which federal agency: a. OPIC. b. ASEAN. c. the Commerce Department. d. the U.S. State Department.
a. OPIC.
Page and Company hires Ed to deliver merchandise to Page's customers. While driving the company's truck on his way to make a delivery, Ed negligently causes the truck to hit Tim's car and injure Tim. a. Page is liable to Tim because Ed was acting within the scope of employment. b. Page is not liable to Tim because Ed was not acting within the scope of employment. c. Page is not liable to Tim because Ed is an independent contractor. d. None of the above.
a. Page is liable to Tim because Ed was acting within the scope of employment.
CPA: Under the provisions of the Americans With Disabilities Act of 1990, in which of the following areas is a disabled person protected from discrimination? Public Transportation & Privately Operated Public Accommodations a. Yes; Yes b. Yes; No c. No; Yes d. No; No
a. Yes; Yes
exceptions to act of state doctrine
a. a sovereign may waive its right to raise the act of state defense b. the doctrine may be inapplicable to commercial activities of a foreign sovereign
The rule that a court should not question the validity of actions taken by a foreign government in its own country is known as the: a. act of state doctrine. b. doctrine of sovereign immunity. c. U.S. conflicts of laws. d. none of the above.
a. act of state doctrine.
A has committed an assault if he: a. aims an unloaded gun at B, tells her that he is going to shoot her, and she reasonably believes it. b. tells B that he is going to shoot her the next time he sees her with C. c. kisses B while she is sleeping. d. all of the above
a. aims an unloaded gun at B, tells her that he is going to shoot her, and she reasonably believes it.
A plaintiff who sues under res ipsa loquitur must show that: a. an event occurred which would not normally occur in the absence of negligence. b. the event which occurred would not normally occur in the absence of negligence. c. other possible causes have been eliminated by the evidence. d. none of the above.
a. an event occurred which would not normally occur in the absence of negligence.
The unauthorized use of a person's name or likeness is: a. appropriation. b. intrusion. c. public disclosure of private facts. d. false light.
a. appropriation.
If A's abnormally dangerous activity injures B, B may not recover for her injuries if she: a. assumed the risk of harm. b. was more at fault than A. c. had the last clear chance to avoid the danger. d. was contributorily negligent.
a. assumed the risk of harm.
superseding cause
an intervening act or act that occurs after the defendants negligent conduct. it relieves the defendant of liability for harm to the plaintiff
A is liable for fraudulent misrepresentation if she: a. induces B to rely justifiably on her false statements of fact. b. induces B to rely justifiably on her false statements of opinion. c. induces B to rely unjustifiably on her false statements of fact. d. induces B to rely unjustifiably on her true statements of fact.
a. induces B to rely justifiably on her false statements of fact.
When an agency is terminated by revocation of authority, the agent's apparent authority continues with respect to third parties with whom the agent had previously dealt until they: a. receive actual notice of the termination. b. receive constructive notice of the termination. c. read of the termination in a newspaper of general circulation. d. none of the above.
a. receive actual notice of the termination.
Employer and Employee relationship
all employees are agents, but all agents are not employees; considered to be an employee if principal has HIGH degree of control over agent (what you will do after college) * the closer the supervision --> employee
treaty
an agreement between or among independent nations -president can enter in treaties with consent of 2/3 senate
european union
an association of European nations formed in 1993 for the purpose of achieving political and economic integration.
A possessor of land is liable for the injuries to his licensee if he fails to: a. warn her of a known defect which she is unlikely to discover. b. repair a known defect. c. warn her of a known defect which she is likely to discover. d. discover a defect.
a. warn her of a known defect which she is unlikely to discover.
By a __________ deed, the grantor obliges herself to make the grantee whole if the grantee suffers any damage because the grantor's title was defective. a. warranty b. special warranty c. quitclaim d. none of the above
a. warranty
implied agency authority allows the agent to
a.) buy and sell property for P b.) make contracts reasonable for business c.) get equipment, supplies; d.) make repairs e.) employ, supervise, discharge ees; f.) take payments, pay debts of business; g.) direct ordinary operations of business
termination of agency relationship by operation of law
a.Death of P or A b.Incapacity of P or A (unless 'durable power of attorney') c.Loss or destruction of subject matter d.Change in circumstances - A finds out value of subj matter or change such that P would probably not want A to act further e.Disloyalty of A - automatically ends A's authority f.Change of Law - if requested action w/b criminal or illegal g.War - If P and A would be enemies f. bankruptcy
Fee Simple
absolute ownership; the "most" you can possibly own of real estate
Possession
acquiring title by taking possession of property
adverse possession
acquisition of title to land by open, continuous and adverse occupancy for a statutorily prescribed period
equal pay act
act prohibits an employer from discriminating between employees on the basis of sex by paying unequal wages for the same work
Affirmative Action
active recruitment of a designated group of applicants. Er has typically discriminated in the past so workplace does not reflect demographics. EEOC statement: "affirmative action is lawful only when it is designed to respond to a demonstrated and serious imbalance in the workforce, is flexible, time-limited, applies only to qualified workers, and respects the rights of non-minorities and men
Actual Express Authority
actual authority based on written/spoken words of Principal
notice for required termination includes
actual direct notice & constructive notice
Factual Cause or Causation in Fact
actual or substantial cause of harm; sometimes use "but for" rule or test
factual cause or causation in fact
actual or substantial cause of harm; sometimes use "but for" rule or test
trade fixture
affixed item used in connection with the tenant's trade but not intended to become part of the realty -tenant can remove trade fixture as long as without injury
foreign agents
agency relationships used to limit involvement in international market
sub-agent
agents hired by an agent that are under same agreement to principal
employees and agency
all employees are agents but not all agents are employees
An employer who refuses to bargain in good faith with the duly established representatives of the employees has violated the: a. Norris-LaGuardia Act. b. National Labor Relations Act. c. Labor-Management Relations Act. d. Labor-Management Reporting and Disclosure Act.
b. National Labor Relations Act.
P writes a letter to A authorizing her to sell his car and sends a copy of the letter to T, a prospective buyer. The next day P writes a letter to A revoking the authority to sell the car but does not send a copy of this letter to T. If A contracts to sell the car to T: a. P will be liable on the contract based upon A's implied authority. b. P will be liable on the contract based upon A's apparent authority. c. P will not be liable because A did not have actual authority. d. none of the above.
b. P will be liable on the contract based upon A's apparent authority.
Which of the following is NOT a nontariff barrier? a. Quotas b. Taxes c. Bans d. Subsidies
b. Taxes
In his will, a man conveys his house and lot to his widow in "fee simple forever so long as she does not remarry." The widow has: a. a fee simple estate. b. a fee simple defeasible estate. c. a life estate. d. an estate for years.
b. a fee simple defeasible estate.
The standard of care of a person who practices a profession is that of: a. the reasonable person. b. a reasonable person of like education and training. c. a reasonable person of the same age. d. none of the above.
b. a reasonable person of like education and training.
If Calvin offers Becky, an employee of Fran under a contract that has two years left, a yearly salary of $5,000 per year more than the contract between Becky and Fran, and Calvin is aware of the existing contract, he may be liable for: a. conversion. b. interference with contractual relations. c. disparagement. d. fraud.
b. interference with contractual relations.
The unreasonable and highly offensive interference with the solitude or seclusion of another is an element of: a. defamation. b. intrusion. c. public disclosure of private facts. d. false light.
b. intrusion.
The basic distinction between a gift and a sale is that a gift: a. requires delivery. b. lacks any consideration. c. requires intent on the part of the donor. d. must be accepted by the donee.
b. lacks any consideration.
Denmark seized all of the property of Chemco, Inc., an American company located in Denmark, and assumed ownership of the property for a public purpose after payment of just compensation. This is known as: a. confiscation. b. nationalization. c. sovereign immunity. d. none of the above.
b. nationalization.
P writes a letter to A authorizing her to sell his car. A tries to sell the car to C, telling him that although it isn't her car, she has authority to sell it. In this case P would be a(n): a. disclosed principal. b. partially disclosed principal. c. undisclosed principal. d. none of the above.
b. partially disclosed principal.
In a defamation case, the defendant raises an issue involving the First Amendment to the U.S. Constitution. This is the defense of: a. consent. b. privilege. c. self-defense. d. defense of public property.
b. privilege.
Ann is authorized to sell her principal's property for $10,000. If Ann sells it for $11,000, then: a. she may pocket the additional $1,000. b. she has a duty to account to the principal for the additional $1,000. c. she must give the $1,000 back to the third party. d. none of the above.
b. she has a duty to account to the principal for the additional $1,000.
Examples of noncommercial activities to which the doctrine of __________ would extend include nationalizing a corporation, determining the limitations upon the use of natural resources, and granting licenses to export a natural resource. a. act of state b. sovereign immunity c. confiscation d. expropriation
b. sovereign immunity
The EEC is better known as: a. the Warsaw Pact. b. the Common Market. c. the General Agreement on Tariffs and Trade. d. the International Monetary Fund.
b. the Common Market.
A union which goes on strike to force an employer to fire a nonunion employee has violated the: a. Norris-LaGuardia Act. b. National Labor Relations Act. c. Labor-Management Relations Act. d. Labor-Management Reporting and Disclosure Act.
c. Labor-Management Relations Act.
Page and Company hires Ed to deliver merchandise to Page's customers. After making the scheduled deliveries, Ed drives the company's truck to a nearby city to visit his girlfriend. While in the city, Ed negligently causes the truck to hit Tony's car and injure Tony. a. Page is not liable to Tony because Ed is an independent contractor. b. Page is liable to Tony because Ed was acting within the scope of employment. c. Page is not liable to Tony because Ed was not acting within the scope of employment. d. None of the above.
c. Page is not liable to Tony because Ed was not acting within the scope of employment.
CPA: Court, Fell, and Miles own a parcel of land as joint tenants with right of survivorship. Court's interest was sold to Plank. As a result of the sale from Court to Plank: a. Fell, Miles, and Plank each own a one-third interest in the land as joint tenants. b. Fell and Miles each own a one-third interest in the land as tenants in common. c. Plank owns a one-third interest in the land as a tenant in common. d. Plank owns a one-third interest in the land as a joint tenant.
c. Plank owns a one-third interest in the land as a tenant in common.
Assume that S wants to sell his house and B is interested in buying it. If A is an agent who normally handles such transactions, A may represent: a. S or B, but not both. b. S and B, but only with the informed consent of S. c. S and B, but only with the informed consent of B. d. S and B, but only with the informed consent of S and B.
d. S and B, but only with the informed consent of S and B.
Which one of the following defenses may be used by an employer to avoid responsibility for paying an employee's claim for workers' compensation? a. The employee assumed the risk of the injury. b. The employee was contributorily negligent. c. A co-worker actually caused the injury. d. The injury did not occur on the job.
d. The injury did not occur on the job.
Title to land may be acquired in which of the following ways? a. By gift b. By will c. By adverse possession d. Title may be transferred by any of the above ways
d. Title may be transferred by any of the above ways
Peter listed a real estate with Ron, a realtor, pursuant to a listing agreement, which was good for 90 days. Two months later, Peter decides not to sell the property and revokes Ron's authority. a. Peter cannot revoke Ron's authority. b. Peter has the power to revoke Ron's authority, but does not have the right to revoke it. c. Peter may be liable to Ron for damages for breach of contract. d. Two of the above are correct, (b) and (c).
d. Two of the above are correct, (b) and (c).
Assume that P and P's agent A, conspire to and actually injure C so that she can't run in the big race. Which of the following is true? a. P has committed both a crime and a tort. b. P has committed a tort but not a crime. c. A has committed a tort and a crime. d. Two of the above.
d. Two of the above.
CPA: Which of the following is a defect in marketable title to real property? a. Recorded zoning restrictions b. Recorded easements referred to in the contract of sale c. Unrecorded lawsuit for negligence against the seller d. Unrecorded easement
d. Unrecorded easement
A leases a factory to B for three years. The written lease provides that rent is to be paid on the first day of each month, and that either party may terminate the lease at any time. The lease can best be described as: a. an estate for years. b. a periodic tenancy "from year to year." c. a periodic tenancy "from month to month." d. a tenancy at will.
d. a tenancy at will.
In many states, if a person openly and continuously occupies the land of another without permission for a statutorily prescribed period, that person will gain title to the land by: a. foreclosure. b. redemption. c. eminent domain. d. adverse possession.
d. adverse possession.
conditional privilege
defense to defamation, establishes an immunity publishing defamatory content to protect own legitimate interest
constructive delivery
delivery of something symbolic of control over an item
An employee who sues an employer under a workers' compensation statute for injuries arising out of and in the course of employment is subject to the defense of: a. contributory negligence. b. assumption of the risk. c. the fellow-servant rule. d. none of the above.
d. none of the above.
Ratification of an unauthorized contract is effective to bind the principal and a third person to the contract even though: a. the principal does not ratify the entire contract. b. the principal does not notify the third person of his intent to ratify the contract. c. the third person has already notified the principal of his withdrawal from the contract. d. the agent failed to indicate to the third person that his acts were on behalf of the principal.
d. the agent failed to indicate to the third person that his acts were on behalf of the principal.
General authority to manage or operate a business for a principal confers implied authority on the agent to do all except which one of the following: a. hire employees. b. purchase equipment and supplies. c. make repairs. d. the agent may do all of the above.
d. the agent may do all of the above.
If an agent has an interest in the agency subject matter, the agent's authority terminates upon: a. the death of the principal. b. the bankruptcy of the principal. c. a revocation of authority. d. the mutual agreement of the parties.
d. the mutual agreement of the parties.
last clear chance
deals with contributory negligence, though Plaintiff was negligent, if Def could have avoided injury to Plaintiff in a "last clear chance" then Plaintiff could still recover damages
delivery of deed
deed does not transfer title to land until it is delivered -means an intent that the deed is to take effect and is evidenced by the acts or statements of the grantor --usually manually or physical transfer is enough for intent
Defamation is a legal term that refers to any statement made by a person, whether verbal or printed, that causes harm to another person's reputation or character
defamation
Libel
defamation communicated by writing, TV, Radio, etc.
libel
defamation communicated by writing, tv, radio