Q: What are the 5 elements of negligence?
Duty, breach, actual cause, proximate cause, injury
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| Term | Definition |
|---|---|
| Q: What are the 5 elements of negligence? | Duty, breach, actual cause, proximate cause, injury |
| Q: What is the “reasonable person test"? | A: Objective standard based on characteristics, customs, industry norms, emergencies. |
| Q: What are the defenses to negligence? | A: Contributory negligence and comparative negligence. |
| Q: What types of things create strict liability? | A: Abnormally dangerous activities, animals, defective products. |
| Q: What must a plaintiff show in strict product liability? | A: Defective product, unreasonably dangerous, no modification, damages. |
| Q: What are the 4 elements of a contract? | A: Mutual assent, consideration, capacity, legality. |
| Q: What sources govern contracts? | A: Common law and UCC. |
| Q: Requirements for an offer? | A: Communication + definite terms. |
| Q: Things that terminate an offer? | A: Lapse, death, illegality, rejection, revocation, counteroffer. |
| Q: What is the mailbox rule? | A: Acceptance effective when mailed. |
| Q: Elements of fraud? | A: Knowingly false statement → justifiable reliance → damages. |
| Q: When is mutual mistake grounds for rescission? | A: When both parties are mistaken about a material fact. |
| Q: How can minors deal with contracts? | A: Contracts are voidable; can disaffirm or ratify. |
| Q: What makes consideration invalid? | A: Illusory promise, pre-existing duty, past consideration. |
| Q: 5 types requiring writing for consideration? | A: Marriage, suretyship, land, >1 year, UCC ≥ $500. |
| Q: Exceptions of consideration? | A: Partial performance + promissory estoppel. |
| Q: What is Parol Evidence Rule? | A: Prevents prior oral evidence when contract is fully integrated. |
| Q: What is a novation? | A: Substitution of a new party, releasing original party. |
| Q: What is anticipatory repudiation? | A: Party declares early they will not perform → immediate breach. |
| Q: Difference between material breach and substantial performance? | A: Material breach excuses performance; substantial does not. |
| Q: What is a tort? | A: A civil wrong—an omission or wrongful act against a person or their property. |
| Q: How are torts different from crimes? | A: Torts are private wrongs; crimes are public wrongs. |
| Q: What is the purpose of tort law? | A: To compensate victims for wrongful acts. |
| Q: What is the purpose of criminal law? | A: To punish the wrongdoer. |
| Q: Can the same act be both a tort and a crime? | A: Yes. |
| Q: What general duties do people have in tort law? | A: Do not intentionally harm others; exercise reasonable care. |
| Q: What is battery? | A: Intentional harmful or offensive touching. |
| Q: What is assault? | A: Intentional act causing apprehension or fear of harmful/offensive contact (no touching required). |
| Q: What is false imprisonment? | A: Wrongful physical restraint or confinement of a person. |
| Q: What is trespass to land? | A: Unauthorized entry onto another's land (even by mistake). |
| Q: What is trespass to property? | A: Unlawful interference with possession of another's personal property (may involve theft/damage; not necessarily wrongful intent). |
| Q: What is conversion? | A: Severe interference with another’s property that damages it or deprives them of it entirely. |
| Q: What is nuisance? | A: Improper activity interfering with another’s health, comfort, or use and enjoyment of property (noise, smell, pollution, etc.). |
| Q: What is disparagement? | A: False statement about a business/product communicated to a third party causing financial loss. |
| Q: What is interference with contract? | A: Intentionally inducing or causing a party to breach a contract. |
| Q: What is appropriation in economic torts? | A: Wrongful taking/use of someone’s name or likeness. |
| Q: What is defamation? | A: False statement published to a third party causing harm to reputation and damages. |
| Q: What is libel? | A: Written defamation. |
| Q: What is slander? | A: Spoken/oral defamation. |
| Q: What 4 things must a plaintiff prove in defamation? | A: False statement, publication to a third party, damage to reputation, and resulting harm. |
| Q: What is appropriation in privacy law? | A: Unauthorized use of someone's image or likeness for commercial purposes. |
| Q: What is public disclosure of private facts? | A: Publicizing private, embarrassing information that is not of legitimate public concern. |
| Q: What is the tort of false light? | A: Publishing something that portrays someone misleadingly, damaging their dignity (actual damage need not be proven). |
| Q: What is the Parole Evidence Rule? | A: Determines whether the court can consider oral or other evidence that is not in the contract. The rule prevents the introduction of prior discussions when all the terms of the contract are memorialized in the document. |
| Q: How can mutual assent be proven? | A: demonstrating that a valid offer and valid acceptance of that offer exists (courts generally apply an objective standard which would interpret it from an outsider perspective) |
| Q: What is duress in terms of recenting a contract? | A: when a person is forced against their will (physical and by improper threat) |
| Q: What is undue influence in terms of recenting a contract? | A: unfair persuassion |
| Q: What is Misrespresntation in terms of a contract? | A: statement not consistent with the truth |
| Q: What is fraud? | A: making a knowingly false statement that is justifiably relied upon and causes damages |
| Q: What is consideration for a contract? | A: a bargained for exchange wherein a promise can be exchanged for a promise, a promise can be exchanged for an act or performance or a promise can be exchanged for a forbearance of an action |
| Q: What are examples of illegal bargains? | A: contracts to commit crimes, violations of licensing agreements and violations of unreasonably high interest |
| Q: What are the elements of the Statute of Fruads? | A: Agreements in contemplation of marriage,Promises to Pay the debts of another,Agreements for the sale/interest in land,Agreements that cannot be performed within one year of the date that they are entered into (remember that this one has tricky timing), Under the UCC- agreements for the sale of goods worth $500 or more |
| Q: What are the discharges of a contract? | A: Full Performance, Release (discharge of other’s duties), Payment, Accord & Satisfaction, Statute of Limitations |