Bar Prep Tricky Tests

Question 1

Analysis required for scope of duty element in negligence.

Answer 1

Forseeability, ease of association, superseding/ intervening causes, and pitre policy factors.

Question 2

Comparative fault Watson factors

Answer 2

1) Whether the conduct resulted from inadvertance or involved an awareness of the danger.
2) How great was the risk created by the conduct?
3) The significance of what was sought by the conduct (utility).
4) Capacity of the actors whether superior or inferior.
5) Extenuating circumstances which might require the actor to proceed in haste without proper thought?
6) The relationship between the negligent conduct and the harm to the plaintiff?

Question 3

Obligations rights and remedies of lesee

Answer 3

Obligations to
Paying the agreed upon rent,
Using the thing prudently,
Returning the thing at the end of the lease in good condition subject to wear and tear.
There must not be unauthorized alterations to the leased thing.
And generally subletting is allowed unless expressly prohibited in the lease K.

Rights to 1) peaceful possession, 2) necessary repairs, 3) reduction or termination for unfitness, 4) right to damages, 5) right to have security deposit returned.

Question 4

Obligations rights and remedies of lessor

Answer 4

Obligation to
1)Deliver the thing in good condition for its intended use.
2) The duty to maintain the thing in good condition suitable for use (maintenance).
3) Protect peaceful possession for the duration of the lease.
4) The lessor warrants that the leased thing is free from vices or defects that prevent its use or diminish its usefulness or safety. This includes latent (hidden) defects that the lessee could not detect. May be waived by contract, but only if done knowingly and not in bad faith.

Rights to 1) receive rent 2) enforce obligations 3) recover possession upon expiration or lawful termination of the lease and 4) right to withhold the deposit.

Question 5

Determining terms for tacit reconduction

Answer 5

Agricultural lease becomes 1 year need 30 days notice

Other leases (usually housing leases) become month to month need 10 days notice

Other leases become week or extra day need 5 days notice or less.

Question 6

Accretion and priority for donations

Answer 6

Particular
Universal - receives the whole estate
General - receives all of a specific category of property.

Question 7

Test for inadequate warning – LPLA

Answer 7

the likelihood of the gravity of danger, whether it was reasonable to give a warning with the scientific and technological knowledge at the time, and manufacturers ability to anticipate a user would be aware of potential dangers.

Question 8

test to show design defect – LPLA

Answer 8

utility of the product, the effect on an alternative design, additional risks, and the extent an alternative design would have prevented or reduced harm.

Question 9

defenses to an inadequate warning claim?

Answer 9

The danger is obvious to an ordinary person

It wasn’t reasonable for the manufacturer to have known of the danger

The warning was withheld for some reason/ removed.

Question 10

PS agreement filed with SOS must include what?

Answer 10

name of the partnership, the partnerships address, as well as the names and addresses of all partners.

Question 11

All the ways a PS can terminate?

Answer 11

There can be a judicial termination.
A reduction to 1 member causes termination.
A PS term can expire.
If the goal of PS is met or the goal is impossible to achieve, the PS will terminate.
Or something else in the PS agreement occurs to cause the PS to terminate.