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| To be liable it must be foreseeable. (Palsgraf v. Long island Railroad. Helped person on train with package. Package was bomb) |
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law was violated, that the law was intended to prevent the type of injury that occurred, and that the plaintiff was in the class of persons intended to be protected by the law
Example: Speed Limit-Intended to protect public from negligent drivers |
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| Where it's assumed that a negligent action caused injury to a party because otherwise the injury wouldn't have occured unless someone was negligent |
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| selling something (Jehovah) |
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| Don't need to show any hospitality |
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| Intent to commit guilty act (guilty state of mind) |
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| the "guilty act" (committed the act) |
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| Only Actus Reas is necessary for some crimes |
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| Miranda Rights (6th & 8th amendents) |
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#6 Right to a lawyer, speedy trial, public trial, impartial jury, right to confront witness
#8 prohibits cruel and unusually punishment, prohibits excessive bail, arrest = probable cause |
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| Defendent knowingly exposes victim to injury |
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| Failure to forsee the risk |
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| Taking property with fear or force |
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| Unauthorized entry with intent to commit felony |
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| Wrongful taking of another's property |
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| Lying for own personal use of money |
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| Fire/Explosives to destroy property |
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| Taking of another's assests from which those assets have been entrusted |
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Defense
Insanity - M'Naughten Rule (show significant didn't know what he was doing)
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Defense
result from active/voluntary use of intoxicants |
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Defense
govt induces defendent to break the law (govt must prove defendent was predisposed) |
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Defense
denfendent must show threat by a third party caused fear of physical harm |
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Defense
must be proportionate to the unlawful forse threatened |
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| If plantiff is at all negligent, he cannot recover damages from the defendant |
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| If plantiff is negligent, he/she may still recover some damages |
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| Agreements between both parties involved in contract |
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| Agreement between only one party involved in contract |
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| Contract in which nothing is left to do by both parties (contract has been fullfilled) |
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| Contract that has not been fully performed/executed |
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| Expressed vs Implied Contract |
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Definition
Expressed=all components of a contract have been listed/identified
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| In order to accept, reply needs to be mirror image of the offer |
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| Counter-offer of Contract |
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| Offer completely different than original offer-leads to termination of original offer |
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| Bargaining phase of contract, MUST HAVE CONSIDERATION BOTH WAYS |
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| Legal ability to enter into a contract |
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| When can a contract be voidable? |
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| Minors, Mentally Impaired, Intoxication |
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MUST BE IN WRITING
1.) Interest in Land
2.) Cannot be Performed in 1 Year
3.) Pay debt of another
4.) Made by executor of state
5.) Made in consideration of Marriage
6.) Sale of goods over $500 |
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| One person agrees to pay debt of another (collateral promise) |
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Deals with NO CONTRACT
Hope court can bring justice to get land |
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Term
Bilateral vs Unilateral Mistakes
What case |
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Definition
Bilateral-Both parties aware of mistake in agreement
Unilateral-Only one party aware of mistake in agreement
Sherwood vs Walker (COW) |
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Buying time to keep offer open
Ex: I'll give you 50$ if you hold offer open to me... |
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Anything (apart from contract itself) that was said, done, or written before parties signed agreement or as they signed
OR
ANY EVIDENCE OUTSIDE OF CONTRACT |
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1.) Strict/Full
2.) Substantial
3.) Inferior |
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| Totally Integrated Contract |
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Parties intend for the writing to be final and have COMPLETE agreement
CANNOT ENFORCE PAROL EVIDENCE |
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| Partial Integrated Contract |
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| When contract contains only some of the agreements to which party agree |
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| Where binding agreement is not honored by one or more of parties involved |
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| Contracting party may transfer his rights to another under contract |
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| Contracting party may transfer duties to pursuant of contract |
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Three way agreemetn in which obligator delegates all duties to delegatee (all in agreement)
Landlord, rent, Jim, Mac |
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| Both parties agree to rescind/terminate contract |
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| Intended 3rd Party Beneficiary |
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Someone not a party of contract, but STANDS TO BENEFIT FROM IT
Ex: Life insurance policy |
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Party coincidentaly is affected (restaurants and MLB)
*No right to sue |
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