BLAW 2nd exam

Question 1

negligence

Answer 1

do something unreasonable person would do - Omission

fail to do something reasonable person would do - commission

Question 2

elements of negligence

Answer 2

must prove all 4

1) defendant owes duty of care
2) defendant breached duty of care
3) plaintiff suffered injury
4) defendants negligent act cause injury

Question 3

negligence does not require the element of…

Answer 3

intent

Question 4

duty of care

Answer 4

obligation we owe to eachother not to cause unreasonable harm

Question 5

landowners duty to care

Answer 5

reasonable care

protect people coming onto property

Question 6

business owners duty to care

Answer 6

protect from foreseeable risks

remove or aware of hidden dangers

Question 7

breach of duty of care

Answer 7

dont exercise care or act responsible

Question 8

breach of duty consists of

Answer 8

an action

failure to act

Question 9

do individuals have duty to rescue others?

Answer 9

no

Question 10

punitive damages

Answer 10

punish the defendant financially

Question 11

two categories of damages

Answer 11

compensatory damages

punitive damages

Question 12

compensatory damages

Answer 12

compensate or reimburse

Question 13

proof of negligence

Answer 13

causation

Question 14

two types of causation that both need proven

Answer 14

factual

proximate (legal cause)

Question 15

what is foreseeability

Answer 15

consequences that would typically occur

Question 16

four defenses to negligence

Answer 16

assumption of risk
superseding intervening cause
contributory negligence
comparative negligence

Question 17

Assumption of risk

Answer 17

plaintiff knew the risk and did the activity anyway

Question 18

superseding intervening cause

Answer 18

chain reaction scenario

bike, ankle, air plane

Question 19

is the defendant liable to plaintiff if intervening act was foreseeable

Answer 19

yes

Question 20

contributory negligence

Answer 20

you contribute to your injury therefore its somewhat your fault

Question 21

pure comparative negligence

Answer 21

injury damages are divided by both parties

Question 22

partial comparative negligence

Answer 22

plaintiff recieves no damages if they are more than 50% liable
roller coaster and guy with no legs

Question 23

contract law provides 3 things

Answer 23

stability
predictability
certainty

Question 24

what is contract law?

Answer 24

legally binding promise and must keep promise

enforceable

Question 25

what is a contract?

Answer 25

legally binding promise between 2 competent parties | bargain, agree, perform

Question 26

offeree

Answer 26

recieves and accepts offer

Question 27

offeror

Answer 27

extends offer

Question 28

4 elements of an enforceable contract

Answer 28

agreement consideration contract capacity (understand the contract) lawful objective (contract obeys the law)

Question 29

two types of contracts

Answer 29

bilateral | unilateral

Question 30

bilateral contract

Answer 30

promise for a promise

Question 31

unilateral contract

Answer 31

promise for an act | missing lap top

Question 32

quasi contracts

Answer 32

unjust enrichment

Question 33

3 requirements of an offer

Answer 33

intent to bond the offer terms must be definite must be communicated to offeree

Question 34

objective theory of contracts

Answer 34

offer is judged by reasonable person standard

Question 35

preliminary negotiations

Answer 35

discussing whats fair, not an offer

Question 36

expressions of opinion

Answer 36

not contractual law | doctors opinions

Question 37

offers made in jest, anger,

Answer 37

basically joking

Question 38

auctions

Answer 38

if there is a reserve, they do not have to sell to the highest bidder if the reserve is not met

Question 39

an effective offer must be...

Answer 39

communicated to the offeree | by the offeror of representative of the offeror

Question 40

contract acceptance

Answer 40

offeree shows agreement on the terms of the offer

Question 41

mirror image rule

Answer 41

acceptance must be clear and definite

Question 42

consideration

Answer 42

value is given in exchange for a promise

Question 43

forbearance

Answer 43

refraining from doing something that you can legally do

Question 44

bargained for exchange

Answer 44

difference between enforceable contracts and gifts

Question 45

gift promises

Answer 45

new car for straight A's | enforceable and unilateral contract

Question 46

preexisting duty

Answer 46

promises to perform something they already are obligated to do

Question 47

promissory estoppel

Answer 47

document that allows enforcement of a contract that lacks consideration example of the girl that built house on parents land

Question 48

full competence

Answer 48

both parties fully understand the contract

Question 49

limited competence

Answer 49

minor or a drunk

Question 50

contractually what age are you not a minor

Answer 50

18+ a few months

Question 51

minors

Answer 51

can enter any contracts within the law minors can get out of contracts can dis affirm contracts without penalties

Question 52

majority rule

Answer 52

minor can return items in any condition

Question 53

minority rule

Answer 53

if condition it is returned is different then when received | they must restore the entire value

Question 54

misrepresentation of age

Answer 54

if minor lies about being 18 they are treated like 18

Question 55

emancipation

Answer 55

minor leaves home on their own and has no more parental support, then treated like an adult

Question 56

intoxication

Answer 56

contract only voidable if they were so drunk they couldnt understand what was going on

Question 57

fraudulent misrepresentation (must meet all 4)

Answer 57

wrongdoer: Lied, intended to deceive innocent party knew innocent party must show damages

Question 58

5 types of contracts that need written and signed document

Answer 58

``` involving: interest in land one year rule secondary contracts prenups sale of goods over $5,000 ```