Flashcards Law Rules | Quizlet

Promise

a manifestation of intention to act or refrain from acting made as to justify the promisee that a commitment has been made.

Contract

a promise or a set of promise for which a breach the law gives remedy.

Types of contracts

You can have an implied-in-fact contract, express contract, or quasi contract

○ Implied in fact

is a contract or agreement made on the circumstances of the party rather than express words, that a reasonable person would interpret to mean a contract has been made.

○ Quasi contracts

are not actual contracts but are enforced like contracts to prevent unjust enrichment. When 1) benefit is conferred 2) appreciation of the that benefit 3) accepted and retention of that benefit that would be unjust

• Contracts require

Mutual assent (intent to be bound), Definiteness of terms, consideration

Definiteness

Terms have to be definite if too indefinite there is no contract. Common law for services requires definiteness

UCC Open Price

a contract for goods can exist without an agreed price if the parties intended to contract; the court can supply a reasonable price

Consideration

Bargain for exchanged, A bargain is 1) promisor makes promise seeking return promise or performance, and is given by the promisee in exchange for that promise

Not Consideration

Past consideration is not consideration. benefit/detriment is not consideration, gift is not consideration

Promissory Estoppel

1. A promise is made 2. promisor reasonably foresees reliance on the promise 3. reliance occurs to the promisee detriment

Reasonable Standard

1.What would a reasonable person understand from the words or conduct to mean.

Adequacy

Court do not judge the adequacy of consideration or impute value judgments. Courts only look for whether the disparity in the consideration is so large as to constitute no consideration being dressed up as consideration. (ex: $1 for a house)

Conditional Gift

Gifts are not consideration and not enforceable. If there is a condition to a gift that will not constitute consideration. Good rule is asking what is the promisor getting? Or is the promisor seeking that condition for exchange of this gift?

Gratuitous Promise

A gratuitous promise is a promise that is a gift and therefore is not considered consideration

Material Benefit Rule

A promise made in recognition of a previously benefit received to the promisor from the promisee is binding to the extent needed to prevent injustice. Exceptions would be if was a gift, no injustice, not unjustly enriched

Strict Liability

1) Defendant engaged in abnormally dangerous activity 2) Causation of the harm 3) Legally cognizable harm

Restatement 2nd: Abnormally Dangerous Factors

Six factors: high risk, great harm likelihood, uneliminable risk through care, uncommon activity, inappropriate place, community value outweighed by danger.

Restatement 3rd: Abnormally Dangerous Activity

1) Creates foreseeable and highly significant risk of physical harm even with reasonable care, and 2) Not a matter of common usage.

Private Nuisance definition

Invasion causing substantial interference with a person's legally protected interest in the use and enjoyment of land.

Private Nuisance Requirements

Must be: Intentional and unreasonable, OR Unintentional but caused by negligence, recklessness, or abnormally dangerous activity.

Intentional Invasion Unreasonableness

Unreasonable when: 1) Gravity of harm outweighs utility of conduct, OR 2) Harm is serious and financial burden of compensating would not make continuation infeasible.

Trespass vs. Private Nuisance

Trespass protects the plaintiff's right to exclude others from land. Private Nuisance protects the right to use and enjoy land.

Public Nuisance

Substantial interference with a right or resource shared by the public or community.

Personal Jurisdiction Definition

Whether a court has the power to exercise authority over a particular defendant and enter a binding judgment.

Two Requirements for Personal Jurisdiction

1) Statutory authority must exist, and 2) Exercising jurisdiction must be constitutional.

General Personal Jurisdiction

Allows a court to hear any claim against a defendant who is considered 'at home' in the forum state or domiciled for individual

General Jurisdiction Standards

Person- domiciled in jurisdiction. Corporations are generally 'at home' in their place of incorporation and their principal place of business, or exceptional reason.

Specific Personal Jurisdiction

Jurisdiction over a defendant for claims that arise out of or relate to the defendant's contacts with the forum. Minimum contacts: purposeful availment, nexus, reasonableness

Three Main Questions of Specific Jurisdiction

1) Purposeful availment, 2) Relatedness/nexus, and 3) Reasonableness.

Long-Arm Statutes Two-Step Analysis

Step 1: Check statutory authority. Step 2: Check constitutionality under Due Process.

Federal Rule of Civil Procedure 4(k)

Governs PJ in federal court, generally allowing federal courts to exercise PJ to the same extent as state courts.

Minimum Contacts Analysis

Courts examine purposeful availment, nexus-whether lawsuit is arising out of or related to these contacts, and reasonableness (for this jurisdiction to hear case)

Purposeful Availment

Requirement that the defendant deliberately engages with or targets the forum state. They recieve a benefit and protection of the laws in that forum

Relatedness / Nexus Requirement

The plaintiff's claim must arise out of or relate to the defendant's specific contacts with the forum.

Reasonableness Factors in PJ

Includes burden on defendant, state's interest, plaintiff's interest, judicial efficiency, and shared state policies.

Stream of Commerce Doctrine

Mere placement of a product into commerce is insufficient; courts require evidence that the defendant purposefully targeted the forum.

Settle of Claims

(1) Forbearance to assert or the surrender of a claim or
defense which proves to be invalid is not consideration
unless (a) the claim or defense is in fact doubtful
because of uncertainty as to the facts or the law, or (b)
the forbearing or surrendering party believes that the
claim or defense may be fairly determined to be valid.
(2) The execution of a written instrument surrendering
a claim or defense by one who is under no duty to
execute it is consideration if the execution of the
written instrument is bargained for even though he is
not asserting the claim or defense and believes that no
valid claim or defense exists.