Professional Documents
Culture Documents
1.3783174948
Conlaw Contracts
proposed legislation means no valid case or controveoption contracts do not follow mailbox ru
Congress can spend to advance general welfare. THISpromissory estoppel: if people rely and Q
never/rarely underestimate the breadth of the com statute of frauds, goods > $500
you can have reasonable expectation of privacy while3rd party beneficiary vesting
prior restraint upheld ONLY if it's the ONLY way to ensparole evidence rule
read the text! 5A DP applies to fedgov only. so seemi impossibility/impracticability
gov can proscribe speech in public forum only where validity
t of assignments
tax and spend power includes power to attach conditio breacher doesn't get restitution if counte
under DP, entitled to notice/hearing before property under SOF, oral contract for goods > $500
"No state shall, WITHOUT CONSENT OF CONGRESS," tax modifications
i must be in writing if K, as m
fed ct decisions MUST BE BINDING; else advisory opi firm offer extended for longer than 3 months
feds dont like to enjoin pending st ct crim proceedinmodifications: at CL, must have considerat
campaign/political speech gets 1A protection. DonatiK for sale of goods may be modified w/o con
right to travel is INTERSTATE obligor has defenses to obligations as to a
p&I of Art 4 involves state's discrimination against noNOVATION substitutes new party for origina
p&I of 14A involves privilege of national citizenship watch for express conditions precedent fail
PLAINTIFF must prove not rationally related to legit s assignee/delegee can be bound to old contra
if fundamental right at issue, avoid RBR choice/languaccord and satisfaction: accord is change t
senate can't adjudicate border disputes; art 3 courts account stated: when one payment is made
enforcement of restrictive covenants in deeds IS stateunilateral
a mistake defense valid (subcont
time/place/manner restrictions must be CONTENT NEUT reasonableness of liquidated damages: 10
president can void a treaty. His day to day conduct/p Specific performance applies to leasehold
13th amendment enabling clause is serious stuff UCC last shot doctrine. Acceptance with ad
APPLICATION of 14A to vincidate rights must involve common law (non goods) retains mirror im
where there's disc against IC or burden to IC, Dorma contracts for goods is modificable in good
regulation of FOREIGN commerce is exclusvely federarevocations effective on receipt. Receip
you don't have to have violated a law or been prosecuUCC shipment of nonconforming goods is ac
a PERMANENT display on gov property, if not uniquely normally
r risk shifts to buyer upon delivery
Congressmen have no standing to challenge presidentia agreement failing for want of consideration
prohibiting NONRESIDENTS from voting only gets RBR. SoF
I only to GOODs > $500
congress can't confer standing! Can create substantivmofidication to do less for less price IS v
U.S. can "impose" stuff on states by conditioning fed if offeree sends acceptance, mailbox rule t
look for evidence of improper CONal discrimination (uanything without consideration is gratuiti
abstention only applies if state law affirmatively uncl FOB means seller pays to get shit to buyer
"ritual" means religion banning "ritual X" but not allonce assigned, assigne becomes party ent
threat of IMMEDIATE harm for standing. Not 2 years preexisting duty ends with SOL
only closure of pretrial hearing if NECESSARY TO P if past debt enforceable but for tech defe
obscenity must not have serious redeeming merit promissory estoppel is K-FORMATION defec
no procedural protection for corporeal punishment inunilateral offer ACCEPTED by full perfor
if property interest in job (for cause firing only), ne AMBIGUITY: if neither party knows, formati
tax based on content in press unCONal option windows not terminated by rejectio
taxing beer but not wine isn't impermissible disc, ev impossibility discharges K duty. But if par
profit + costs = contract price - cost of
Divisible K's only if (1) performance of ea
economic duress is hard to win on
K's for services need additional considera
party in material breach cannot recover on contract POSSIBLY
3rd party beneficiaries' rights vest when (1) they sue to enforc
20% alteration IS MATERIAL alteration
no such thing as conditional gift theory
consideration is often to a promise to perform not the perfor
LEARN THIRD PARTY VESTED RIGHTS, intended v. incidental ben
intended beneficiary specifically mentioned in K: but obligor sti
if impossibilty/impracticability WHEN THE K MADE, unavailable
mutual mistake excuses where (1) basic nonassumption of K, (
personal duties involving skill or unique knowledge are NONDE
parol evidence VARIES writing, whereas, e.g., lack of condition
UCC modifications MUST BE MADE IN GOOD FAITH
for breached personal services, recover a reasonable value/fee
UCC allows for assignment of requirements contracts ONLY IF a
merchant confirmatory memo; signed by 1, not objected 2 w/o
Crimlaw CrimPro
necessity is a defense to trespass, but it doesnt relieve liability for damage done
conversion invovles intent to do act that deprives, NOT intent to deprive
when breaking a statute is excused and D's conduct reasonable, no prima facie case of negligence
reckless and wanton conduct > contrib neg.
in SL where D is doing something dangerous, liability only attaches if that dangerous thing caused the harm.
Bulls are domestic animals. D not liable for injuries caused by domestic animals unless knew or had reason to know
fetus born alive has cause of action against those who negligently cause prenatal injury
ProxCause: D liable for harmful acts that are NORMAL incidents of or within increased risk he causes. Forseeability g
transferred intent: intent to commit assault sufficies for battery (if touching happens)
false imprisonment: shopkeeper's privilege doesn't apply for HOUR LONG delay (must be reasonable)
wrongful death + contrib neg: if deceased w/ negligent, OR if actioner's neg lead to death, contribution!
res ipsa: read question carefully. If no other option but D's negligence, use it
defamation: "publication" includes statement at gathering, where 3rd parties overhear. TRUTH IS A DEFENSE. If con
intent for trespass is intent to bring about physical invasion. NOT INTENT TO TRESPASS. But also not just intent to do
no duty to licensees to repair dangerous conditions! ONLY DUTY TO INSPECT AND REPAIR FOR INVITEES (public). Jus
joint and several liability: full judgement against EACH defendant. P can recover only once, but can recover from EIT
vicious guard dogs get intentional tort treatment. Battery. Cant use them to guard property only!
prima facie case of commercial invation of privacy: P just has to show unauthorized use of P's name/image by D for
4 branches of invasion of privacy tort: (1) publication of facts casting P in false light, (2) intrusion into P's affairs/sec
in 3rd party action, parent's neg not imputed to child
eggshell skull rule involves taking victims' physical or mental condition as you find them; NOT about their relationsh
mishandling of relative's corpse precludes physical injury requirement for neg infliction of ED
slander per se - look it up. DEFAMATORY STATEMENTS ASSUMED TO bE FALSE, if not constitutional/public defamatio
nuisance-that no physical invasion is irrelevant.
nuisance-that only single person has complained evinces hypersensitivity. Must be unreasonably disruptive to use a
consent to defamation: P asks for response in front of audience
landlords can't sue for trespass. Only tenants can. Actual or constructive possession key. Even holdover tnenants or
consent implied in law where action was necessary to save important property interest. Neccesity user has qualified
privity not required for SL; that's for warranty only
sellers must anticipate reasonably forseeable misuses. Not dangerously defective for reasonably forseeable use is th
no general tort immunity for kids. kids and invalids can commit; intent to do the act that matters ("I thought I hit a
parents can be liable for negligent supervision if their kid commits tort. Not vicarious liability. Alternative negligence
intrusion into seclusion: D must do some act that (1) intrudes into P's private affairs in a manner which (2) a reason
as long as reliance by 3rd party reasonably forseeable, need not be agency relationship (MISREPRESENTATION)
misrepresentation: (1) false or misleading stmt of fact about past or present (2) scienter-D knows its false or w/o fou
joint and several liability is the OPPOSITE of proportional fault contribution.
affirmative duty to protect employees against unreasonably risk of injury WHILE ACTING IN SCOPE OF EMPLOYMEN
false light elements: (1) D attributes to P acts he didn't do or beliefs he doesn't hold, (2) publishes this representati
at CL, general damages once defamation is shown. Reputation harmed. Only must show special damages for slande
imply consent for socially acceptable batteries. Harmful or offensive? Nope.
if reduce value of property, trespass to chattels
no costs of raising child in wrongful birth scenarios
public figure --> must prove actual malice
look for business expectancy, not just straight k
ordinary contrib neg no defense to SL; only assumption of risk type contrib neg is
defemation: publication is intentional OR NEGLIGENT, even
false imprisonment: act can be directed at P's property if the effect is to keep him bound
negligent misdiagnosis = harm
company on the hook for respondeat superior. But can go after neg employee for indemnity
common carriers (taxis) have nondelegable duty to provide safe vehicles
honeybees, pigeons are domestic animals
rescues can't be NEGLIGENT. Gross negligence not reaquired for rescuer liability
exceeding scope of invitation will demote invitee to licensee (in which case, there's no duty to inspect)
battery - must intend to cause contact!
rent if notifies tenant of rent and tenant stays (even if landlord subsequently cashes rent check)
sis is goverend by recording acts
g caused the harm.
new or had reason to know they were uncommonly dangerous
reasonable)
h, contribution!
RUTH IS A DEFENSE. If constitutional defamation, plaintiff must prove falsity and fault. If public person, fault standard is knowle
ut also not just intent to do the thing that caused the trespass. Have to intend to enter upon land or interfere with chattle.
FOR INVITEES (public). Just have to warn licensees of unreasonable risks/dangers that you know about
e, but can recover from EITHER/ANY liable defendant in full (and then they sort it out). Judgement != recovery
f P's name/image by D for commercial gain. That's it. Mistake as to consent no defense.
ntrusion into P's affairs/seclusion, (3) making private facts public, and (4) misappropriation of Picture/name.
titutional/public defamation
IN SCOPE OF EMPLOYMENT
publishes this representation, and (3) objectively reasonably people would find it objectionable.
special damages for slander (unless slander per se: business insults, moral turpitude accusations, awful disease, unchastity the
uty to inspect)
person, fault standard is knowledge/recklessness, i.e. malace. If private person, just negligence as to truth.
d or interfere with chattle.
nt != recovery
cture/name.
statement of fact, satisfied. If opinion only, prob not (4) actual reliance and (5) damages.
1.2300379747
done right % total time
1-Jul x x x x
2-Jul 25 16 0.64 34
3-Jul x x x x
4-Jul x x x x
5-Jul x x x x
6-Jul x x x x
7-Jul 35 22 0.628571429 50.062
8-Jul x x x x
9-Jul 18 12 0.666666667 26
10-Jul 18 11 0.611111111 29.566
11-Jul x x x x
12-Jul 8 4 0.5 11.76
13-Jul x x x x
14-Jul 18 14 0.777777778 31.33
15-Jul x x x x
16-Jul 36 21 0.583333333 59.6667
17-Jul
18-Jul
19-Jul
20-Jul
21-Jul
22-Jul
1.5340803797
done right % total time time per question
1-Jul x x x x x
2-Jul x x x x x
3-Jul 25 19 0.76 28.5 1.14
4-Jul 18 13 0.722222222 18.06 1.003333333
5-Jul x x x x x
6-Jul x x x x x
7-Jul 17 14 0.823529412 24.395 1.435
8-Jul x x x x x
9-Jul 18 16 0.888888889 26.08 1.448888889
10-Jul 18 13 0.722222222 19.667 1.092611111
11-Jul x x x x x
12-Jul 8 7 0.875 11.76 1.47
13-Jul x x x x x
14-Jul 18 12 0.666666667 22.33 1.240555556
15-Jul x x x x x
16-Jul 36 20 #VALUE! 55 1.527777778
17-Jul
18-Jul
19-Jul
20-Jul
21-Jul
22-Jul