B-Law Exam 2

4 elements of unintentional torts

duty, breach, causation, damages

Plasgraf Long Island Railroad

-employee had package of fireworks and fall (they exploded)

-dude got hurt and sued on basis of negligence

-railroad said no proximate causation (won)

Negligence Defenses

-assumption of risk (voluntary action)

-comparative negligence (reduce reward plantiff share fault)

Lilya v. Greater Gulf State Fair

-bull riding; dropped and injured bad

-tried to sue but lost cause sign waiver

-saw mechanical bull before riding (knew what to expect)

Strict Liability

-ultra-hazardous liabilities (very liable)

-careful and conscientious person act/assume (change with age)

-as a baseline - but can be fought

Design Defect

risks of product eliminated with reasonable cost

Pannu v. Land Rover North America

-car crash & sue for faulty design

-car super damage - roll cage could have been safer

-won (other cheaper non-luxury cars have safe roll cages)

McDonalds Coffee

-3rd degree burns by coffee

-sued & won cause too hot

-plaintiff also responsibly - so amount reduced

Chainsaws vs Lawn darts (not case)

-chainsaws purpose while lawn darts not safe for kids - got seriously injured

-banned lawn darts (obviously)

Defenses to Protect Liability Claims

-generally known danger (knives)

-abnormal misuse of product (lawn mower to cut hair)

-assumption of risk

Contracts

legally binding agreement between two or more people

Sources of Contract Law

-common law

-restatement of contracts

-uniform commercial code

Uniform Commercial Code

-applies common law principles to transactions of goods

-adopted (in part) by every state

Offer

objectively intend to be bound by offer | eval using reasonable person standard, specific enough allowed by acceptance, offer communicated by offereree, time of performance

Leonard v. PepsiCo

-objective intend bound by offer

-could get a fighter jet

-demand fighter jet - but they said it was joke

-Pepsi won (no actual offer)

advertisements are not contracts

unless offer so specific that have to present intent to bind

rewards are unilateral contract

-knowledge of reward prior to completing

-performance

contractions

unless otherwise stated - seller may refuse

termination

-prior to acceptance

-termination by operation of law

acceptance

-manifestation of assent to join

*exactly as presented

*any tweak is a counter offer

Consideration

exchange of value between parties

Hamer v. Sidway

-stay away from alcohol

-5k if avoid - and did

-uncle said no - nephew sues

-uncle said no value - but nephew said give up rights (forbearance of legal right to drink)

-nephew won after upper district reversal

In re Matter of Wirth

-university wanted money - from promised donation

-died - & university went after estate

-set up endowed scholarship - won

-there was already an outstanding offer

lack of consideration

gift promise not rescinded for lack of consideration - there is no contract

Cooper v. Smith

-Julien/Janet Smith meet someone (Cooper after accident with huge settlement) and marry

-gives gifts and spends money

-settlement money ran out and smith leaves

-cooper sues - wants value of gift

-court dismissed (but said give ring back)

illegal consideration

can’t do illegal stuff (not pay for meth)

illusory promise

one side has unlimited out - so not fair

pre-existing duty

house building want increase cause market - but already promoside lower price | can’t change cause already paid

past consideration

promise based on historical agreement

promissory estoppel

permits cord order enforcement that lacks consideration in some circumstances

capacity

too young, allows to have minors disaffirm contraction and have to bring the thing back even if the value is low, ratification (reasonable time)

mentally incompetent person

must be incapable of understanding nature of agreement, can include intoxicated person

legality

1. contracts contrary to statutes

2. contracts contrary to public policy

Parenti v. Pirozzoli

-open bar - Mario open everything under name

-stole everything and initially court sided

-appealed - partnership illegal (liquor license with criminal record)

Capshaw v. Hichman

-honda civic sale for $5025

-hail damage vehivcle after title transfer but before check clear

-buyer won initially, but then retry and not say buyer auto winner

Fitil v. Strek

-bought card for $17.75

-card had no value - recolored

-court agreed 2 years wasn’t too long - buyer won

Gupta v. Asha Enterprises

-hindus ate meat (veggie samosa)

-pay spiritual damages

-waranties (gauranteed)

Rothing v. Kallestad

-19 horses died from botulism

-implied warranties

Sakazar v. DWBH

-car engine

-Salazar compensatory award reinstated - misrepresented engine history

-won on circumstantial evidence

-disclaim implied warranties

Discharge and Breach

minor breach different than material - can’t walk away from contract but can remedy mistakes

Taylor v. Caldwell

-music hall 4 days - 100 pounds per day

-paid, but burned down before

-how damages assign, impossible for contract

-discharge booth sides of contract

-no explicit provision for this

mutual breach by other party

allow for recession by non-breaching party

monetary damages

compensatory (loss of bargain), consequential (foreseeable result of breach), liquidated (agreed upon in advance)

duty to mitigate

limit damages caused by breaching party -can’t just throw hands up in air

Megan Kelly NBC

-fired for blackface - want more money, went back to Fox News to “mitigate” - they said no

specific performance

applied when subject matter is unique

injunction

prohibiting party doing something inconsistent with contract