Fichas
Contracts and Torts
Fichas del conjunto (42)
- 1for a tort law to succeed,plaintiff must prove the defendants wrongful act on balance of probability
- 2which statute is an example of legislation that codifies contract rules?sales of goods act
- 3what is a document prepared and filed by the plaintiff that initiates a lawsuit is?the plaintiffs claim
- 4a 17yr old sara promised her mother when she turned 21 she would convert to jewish.... is this binding and why?NO... its a moral vow, which is not legally enforcable
- 5rita offered her car to rakan for $500 and he counter offered for $475 and walked away before she could respond .... is this binding, and why?NO, it was just a counter offer, and not agreed upon
- 6is an offer sent through the mail binding?yes! the postal rule is a binding method of offer
- 7fuel and tug boat question ...eeek (cant remember full scenario)he would be obligated to pay the surcharge and honor existing contract
(Charles said C & D) - 8if someone threatens to harm someone if you do not agree to sell your car, you would be signing under......duress
- 9if a minor whom is paraplegic and cannot swim buys a sailboard, and he just attained the age of majority.... is the sale/ contract binding?the contract is void ab initio because it would not be of benefit to him
- 10henry has a few drinks and is in a good mood, henry smells of alcohol and is quiet animated, but henry knows he is buying a car and has negotiated a good deal.... can he repudiate the contract?he can not rely on intoxication to repudiate the contract
- 11melish, age 15 joined an internet movie service where he pays to download movies for $10 a month wether he uses it or not. he decides it no longer useful.... can he break the contract?yes! he can give notice that he is repudiating the contract and is not obligated to pay future fees.
- 12a trust that arises as a result of an agreement that is declared in clear and unequivocal terms is:an express trust
- 13samuel recently started doing chores and errands for samantha, who is elderly and exhibiting signs of dementia. samantha relies on samuel. samuel tells samantha that he is in desperat need of money to pay his rent or else he will not be able to assist her around the house anymore. samantha loans the money to samuel. this is an example of:undue influence
- 14what are 2 forms of trespass to chattels?conversion
detenue - 15what are special damages?Damages intended to compensate a plaintiff for a quantifiable monetary loss medical bills, lost wages, and repair costs.
- 16what are consequential damages?otherwise known as special damages, are damages you can prove occurred because of the failure of one party to meet a contractual obligation
- 17what is implied repudiation?When a party to a contract receives an indication from the other party that they intend on not performing their contractual obligations.
- 18what is the highest level of liability?strict
- 19lowest level of liability?Absolute
- 20what is defamation?the action of damaging the good reputation of someone; slander or libel
- 21what is malicious persecution?A tort which compensates a person for the malicious, unfounded and unsuccessful institution of criminal or disciplinary proceedings.
- 22what is the discover ability rule?can affect when the statute of limitations begins to run. In some cases, an injury that caused a wrongful death was not apparent when it first occurred; this is usually due to the nature of the injury itself.
- 23what are aggravated damages?awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
- 24what is nuisance?Excessive or unlawful use of one’s property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public.
- 25which tort may be led to judgement even if it was committed accidentally?nuisance
- 26what is trespass?entry to a person's land or property without their permission.
- 27what is the postal rule?A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror
- 28Athey v Leonati→Plaintiff had pre-existing back condition
→ Suffered neck and back injuries in car crash that defendant negligently caused
→ Doctor advised to begin exercising at the gym
→ Plaintiff exercised and sustained a herniated disc, resulting in permanent disability
→ At trial: accepted that the crash causally contributed to the disability; but reduced plaintiffs damages by 75% due to greater causal role of pre-existing back condition
→ On appeal: upheld trial decision
Thin Skull and “Crumbling Skull” Doctrines applied and put to question
Appeal allowed, plaintiff entitled to recover 100% - 29what is standard of care?the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.
- 30what is duty of care?a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
- 31a client ordered a green car, upon pick up the car was green but the model was different ... this is an example of??breach in warranty
- 32what is the lowest level of intent in tort?absolute liability
- 33what is a trespass to chattels?improper touching of another persons goods
- 34what is conspiracy?an agreement between 2 or more parties to mislead, deceive, or defraud others of their rights or to gain unfair advantage. there is no judgement for conspiracy
- 35class of entrants that can be allowed into your building?voluntaries
- 36section 1 of the occupiers liability act?D. none of the above
- 37scenario 1 Jessica caseshe is a minor
rule of necessity
needs suits for job
contract for non-necessity for minors not enforceable
necessity is considered contract for adults - 38scenario 2 Alan Casepostal rule applies
revise the E-commerce act
binding once email was sent (unless email not agreed form of communication) - 39Scenario 3 Revise inequality of bargaining powerone party has more power
minors vs. adults
disability
duress
employer vs employee - 40Scenario 4 Redecorate interior of your homerevise novation
- 41what is detenue?wrongful possession of a chattel that belongs to another
- 42what is conversion?interference with the ownership or possession of the other persons goods
Información
- Descripción
- Contracts and Torts exam
- Creado por
- chantal Seguin
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