Baby Bar flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Mailbox Rule
- An acceptance is generally effective when dispatched, provided it is properly addressed and the offer is still open; option contracts and irrevocable offers are exceptions where receipt controls.
- UCC 2-207 Additional Terms
- A definite acceptance with additional or different terms forms a contract; between merchants the extra terms enter the deal unless they are material, objected to, or already refused.
- Statute of Frauds Categories
- Categories requiring a writing: promises in consideration of marriage, contracts not performable within one year, land interests, executor liability, goods of $500 or more, and surety promises.
- Pre-Existing Duty Rule
- A promise to do what the promisor is already legally obligated to do is not consideration; exceptions include third-party debt, new consideration, and good-faith UCC modification of a goods contract.
- Anticipatory Repudiation
- An unequivocal statement, before performance is due, that a party will not perform; it gives the nonbreaching party an immediate right to sue or await performance, subject to retraction.
- Perfect Tender Rule
- UCC rule that a seller's delivery and goods must conform exactly to the contract; the buyer may reject nonconforming goods unless the seller seasonably cures the defect.
- Expectation Damages Formula
- Expectation damages equal the value of promised performance minus the value received, plus incidental and consequential losses, less costs avoided, placing the plaintiff where performance would have.
- Implied Good Faith Covenant
- Every contract imposes a duty of good faith and fair dealing; breach requires conduct that unfairly deprives the other party of the benefits the parties reasonably expected from the agreement.
- Promissory Estoppel
- A promise lacking consideration is enforceable to the extent justice requires when the promisor reasonably expected reliance, reliance actually occurred, and injustice can only be avoided by enforcement.
- Intended Third-Party Beneficiary
- A beneficiary is intended when performance is meant to benefit that person directly; rights vest upon manifesting assent, bringing suit, or materially changing position in reliance.
- Option Contract
- A promise to keep an offer open, supported by consideration; acceptance is effective on receipt and the offeror cannot revoke during the option period.
- Specific Intent Crimes
- Crimes requiring intent to achieve a result beyond the act itself: solicitation, conspiracy, attempt, first-degree murder, assault, larceny, embezzlement, false pretenses, robbery, and burglary.
- Felony Murder Rule
- A killing committed during an inherently dangerous felony is murder; limits include the res gestae period, agency or proximate cause rules, and felonies that are not independent of the killing.
- Voluntary Intoxication Defense
- Voluntary intoxication may negate the specific intent required for specific intent crimes, but it does not excuse malice, general intent crimes, or strict liability offenses.
- M'Naghten Test
- A defendant is insane when, because of a mental disease or defect, he did not know the nature and quality of the act or did not know the act was wrong.
- Attempt Elements
- Attempt requires specific intent to commit the target crime plus an act beyond preparation that is a substantial step strongly corroborative of the criminal purpose.
- Conspiracy Requirements
- Conspiracy requires an agreement between two or more persons to commit an unlawful act, intent to agree, intent to achieve the objective, and usually an overt act.
- Wharton's Rule
- When a crime by definition requires the voluntary cooperation of two participants, such as adultery, dueling, or bigamy, the participants cannot be convicted of conspiracy to commit that crime.
- Accomplice Liability
- A person who aids, abets, or encourages a crime with intent to assist is liable for the target crime and for other reasonably foreseeable crimes committed in furtherance of it.
- Mistake of Fact Defense
- A reasonable mistake of fact negates general intent; any mistake, reasonable or not, negates specific intent; mistake never defends against strict liability offenses.
- Self-Defense Elements
- Force is justified against an imminent unlawful threat when proportionate to the danger and the defender is not the initial aggressor; deadly force requires a threat of death or serious harm.
- Res Ipsa Loquitur
- Allows an inference of negligence when the accident is of a kind that ordinarily does not happen without negligence and the instrumentality was in the defendant's exclusive control.
- Negligence Per Se
- A statute violation establishes breach when the plaintiff is within the class the statute protects and the injury is the type of harm the statute was designed to prevent.
- Proximate Cause
- A cause is proximate when the harm is a foreseeable result of the defendant's conduct; unforeseeable intervening or superseding causes cut off liability.
- Contributory vs Comparative Negligence
- Contributory negligence bars recovery entirely; pure comparative negligence reduces damages by the plaintiff's share; modified comparative negligence bars recovery at fifty or fifty-one percent.
- Attractive Nuisance Doctrine
- A landowner owes reasonable care when children are foreseeable trespassers and a dangerous condition is likely to injure them, with the risk outweighing the burden of protection.
- Battery Elements
- Battery requires an intentional act causing harmful or offensive contact with the plaintiff's person or something closely connected to it, with intent to cause purpose or substantial certainty.
- Assault Elements
- Assault requires an intentional act causing reasonable apprehension of imminent harmful or offensive contact; mere words are insufficient, and the plaintiff must be aware of the act.
- Shopkeeper's Privilege
- A merchant may detain a suspected shoplifter for a reasonable time and in a reasonable manner when reasonable grounds exist to believe the person stole merchandise.
- Public Figure Defamation
- A public official or public figure suing on a matter of public concern must prove actual malice, meaning knowledge of falsity or reckless disregard of the truth, by clear and convincing evidence.
- Strict Products Liability
- A commercial seller is liable for harm caused by a product defective at the time of sale and unreasonably dangerous, without proof that the seller was negligent.
- Assumption of Risk
- A plaintiff who knowingly and voluntarily encounters a known risk is barred from recovery under common law or has damages reduced under comparative fault jurisdictions.