Final Review Questoins

7/30/2019 Final Review Questoins

1/5

1. What is the difference between remedies at law and remedies at equity?a. At law- awarded money in the form of damages b. In equity- not money- specific performance, recession, restitution, reformation, injunction or

promissory estoppel

2. What is the common law tradition?a. Principles decided by judges in cases became precedent for later judges deciding similar cases.

Can be divided into cases decided by the law courts, equity courts, or merchant courts.3. In a lawsuit what are pleadings? What is discovery?

a. Pleadings- the paperwork submitted to the court to initiate and respond to a lawsuit. The fourmajor components are:

i. Complaint- summonsii. Answer

iii. Cross complaint and replyb. Discovery Period- legal process where each party engages in various activities to discover facts

of the case form the other party and witnesses prior to trial. Made up of:

i. Deposition- oral testimony given by the deponent, either a party or witnesses.ii. Interrorgatories

iii. Production of documentsiv. Physical/mental examination

4. What is voire dire?a. Process whereby the judge and attorneys ask prospective jurors questions to determine whether

they would be biased in their opinions.

i. Trier of fact- jury in a jury trial, judges in a nonjury case.5. What is in rem jurisdiction?a. Jurisdiction over the thing- court may have jurisdiction to decide/hear case because has

jurisdiction over the property of the lawsuit.

6. In the federal courts, trial courts are called district courts. What are appellate courts called?a. US Court of Appeals- 13 circuits reated to provide uniformity of the application of federal law in

certain areas (especially patents).

7. What is long arm jurisdiction?a. A statute that extends a statesjurisdiction to nonresidents who werent served a summons within

the state.

i. Minimum contact- an amount of contact that a defendant must have with a state in orderfor that states courts to have jurisdiction over that person or business.

8. Whats the difference between a contract implied at law and a contract imaplied in fact?a. Contract implied at law- allows court to award monetary damages to a plaintiff for providing

work/services to a defendant even though no actual contract existed between the parties.

i. Intended to prevent unjust enrichment and unjust detriment


2/5

ii. Doesnt apply where theres an enforceable contractiii. Imposed where one person confers to benefit on another, who retains the benefit. It would

be unjust not to require that person to pay for the benefit received.

9. What is the preexisting duty rule?a. Something a person is already under obligation to do. Lacks consideration if a person promises

to perform a preexisting duty.

i. Unforseen difficulties- if happens while performing contract- modify to accommodate-modification will be enforced.

10.What is the mailbox rule?a. States that an acceptance is effective when its dispatched, even if its lost in transmission.

11.Whats the difference between adequacy and sufficiency of consideration?a. Sufficiency of consideration-consideration must involve a legal detriment to the promisee, a

legal benefit to the promisor, or both. One incurs a legal detriment by doing something that one

had no prior legal duty to do.

b. Adequacy of consideration- relates to "how much" consideration is given and whether a fairbargain was reached. The general rule is that courts will NOT inquire into the adequacy of the

consideration. Courts will inquire into the adequacy of consideration only when fraud, undue

influence, duress, a gift, or unconscionability may be involved.

12.What is a necessary?a. Food, shelter, clothing, medical care and other items considered necessary to the maintenance of

life. Minors must pay the reasonable value of necessaries of life for which they contract.

13.When is a person who lacks a license and performs her duties under a contract entitled tocompensation?a. Revenue raising statue- a licensing statute w/ the primary purpose of raising revenue for the

government. A person who provides services pursuant to a contract w/o appropriate license

required by such a statute can enforce the contract and recover payment for services rendered.

14.What happens when the parties to a contract make a mutual mistake?a. Mutual mistake of a material fact- a mistake made by both parties concerning a material fact that

is important to the subject matter of a contract.

i. Either party can rescindii. No contract has been made- no meeting of the minds

b. Mutual mistake of Value- a mistake that occurs if both parties know the object of the contract butare mistaken as to its value. Contract remains enforceable by either party because the identity of

the subject matter of the contract is not an issue.

15.What are the elements of fraud?a. the wrongdoer made a false representation of a material factb. the wrongdoer intended to deceive the innocent party.c. The innocent party justifiably relied on the misrepresentations


3/5

d. The innocent party was injured16.What is the one-year rule?

a. A rule that states that an executory contract that cannot be performed by its own terms w/I 1 yearof its formation must be in writing.

i. Intended to prevent disputes about contract terms that may other occur toward the end ofa long-term contract

ii. If the performance is possible within one year period contract may be oral and doesnthave to be in writing enforceable

iii. Extension of the oral contract might cause contract to violate the state of frauds if theoriginal term and the extension period of one year.

17.Can a party condition his obligation to perform based on his personal satisfaction with the otherpartys performance?

a. Conditions precedent based on satisfaction- reserve the right to a party to pay for servicesprovided by the other only if the services meet the first partys satisfaction.

i. Personal satisfaction test- a subjective test that applies to contract involving personal tasteand comfort. The only requirement is that the person given the right to reject does so in

good faith.

ii. Reasonable persons test- an objective test that applies to commercial contract andcontracts involving mechanical fitness. Require work to meet satisfaction of third person

are judged by this standard.

18.What is the doctrine of frustration of purpose?a. Frustration of purpose occurs when an unforeseen event undermines a party's principal purposefor entering into a contract, and both parties knew of this principal purpose at the time the

contract was made

19.When is specific performance an appropriate remedy?a. Normally, however, specific performance will not be granted unless the partys legal remedy

(money damages) is inadequate. For this reason, contracts for the sale of goods rarely qualify for

specific performance.

i. Sale of Land: Specific performance is granted to a buyer in a contract for sale of land.The legal remedy for breach of a land sales contract is inadequate because every parcel ofland is considered to be unique. Money damages will not compensate a buyer adequately

because the same land in the same location obviously cannot be obtained somewhere

else.

ii. Contracts for Personal Services: Personal-service contracts require one party to workpersonally for another party. Courts normally refuse to grant specific performance ofpersonal-service contracts. If a contract is not deemed personal, the remedy at law may be

adequate if substantially identical service is available from other persons.


4/5

20.What are consequential damages?a. Foreseeable damages that arise from circumstances outside of a contract. To be liable for these

damages, the BP must know or have reason to know that the breach will cause damages to the

other party.

21.What are liquidated damages?a. Damages that parties to a contract agree in advance should be paid if a contract is breached.b. Other damages must be difficult or impractical to determinethe liquidated amount must be

reasonable in the circumstances.

c. Is an exclusive remedy- even if actual damages are later determined to be different.22.Whats the difference between the rights ofthe parties in a minor and material breach?

a. Minor breach- a breach that occurs when a party renders substantial performance of theircontractual duties.

i. Victim may recover damagesb. Material breach- a breach that occurs in which a party renders inferior performance of their

contractual duties.

i. Victim may recover damages or rescind the contract.

23.What are the elements of the tort of defamation?a. False statements made by one person about another.b. Plaintiff must prove:

i. Defendant made untrue statement of fact about the plaintiff andii. Statement was intentionally or accidentally published to a third party

iii. Caused injury/damage to reputationc. Publication of opinion is not actionabled. Truth is an absolute defense to a charge of defamatione. Public figures as plaintiffspublic officials cant recover for defamation unless they can prove

the defendant acted w/ actual malice. Meaning defendant made false statement knowingly or w/

reckless disregard of its falsity.

24.What is the tort of appropriation?a. Use of a person's name, likeness or identity for trade or advertising purposes without consent.b. It is the oldest, longest-recognized of the privacy torts (since early 1900s). It is the most legally

concrete of the privacy torts, which means it is the most likely for the plaintiff to win.c. Movies and works of fiction can't be guilty of appropriation.

25.In negligence, what is the standard used to determine if someone breached their duty of care?a. Reasonable person standard-b. Duty of care- defendant owes duty ot plaintiff but breaches this duty

i. Duty of merchantsii. Duty of landowners

iii. Duty of common carriers and innkeepers


5/5

iv. Duty of professionals26.How does strict/absolute liability differ from negligence?

a. Strict/absolute liability is the determination of businesses that are responsibleb. Must follow 6 guidelines, otherwise is negligence:

i. In defective conditions when defendant sold itii. Defendant normally engages in business

iii. Product unreasonably dangerous because of its defective conditionsiv. Plaintiff sustains physical harm to self or propertyv. Defective conditions cause proximate cause of injury

vi. Goods not substantially changed from time sold to time of injury.

Final Review Questoins

Documents

Transcript of Final Review Questoins