Miscellaneous Stuff

Question 1

Products Liability

• Strict Liability
• Elements
• Some notes on terms in elements
• Economic damages

Answer 1

• Strict products liability elements
  1. Defendant is a commercial supplier.
• In the business of supplying that type of product.
  2. Defendant produced or supplied a product in a defective condition.
• Defective condition - Design, manufacture, or failure to warn problem made the product unreasonably dangerous to users.
• Unreasonably Dangerous - The product is dangerous when used in a reasonably foreseeable manner (normally), therefore
• suppliers are charged with anticipating reasonably foreseeable uses, that they might characterize as misuses.
  3. Causation - Defect of product was actual and proximate cause.
• To prove actual cause, plaintiff must show defect existed when product left defendant’s control.
  4. Damage - To person or property.
• Comparative negligence - If state uses, apply it normally and plaintiff negligence can reduce damage award.
• Economic Damages - Majority do not extend strict liability cases to purely economic damages not accompanied by harm to person or other property. Limit instead to claim in warranty.

Question 2

Torts

- Misrepresentation

Answer 2

1. Misrepresentation.
2. Scienter (satisfied if person knows that he does not know whether statement is true)
3. Intent to induce reliance.
4. Actual reliance
5. Justifiable reliance
6. damages
   - Statement that is false made by one who knows false or knows he does not know, with intent to cause plaintiff to rely upon statement, to which plaintiff does reasonably rely and is damaged.

Question 3

Contracts

- Cure

Answer 3

1. Where tender or delivery by seller is rejected as non-conforming and time of performance has not yet expired, seller may seasonably noisy buyer of intent to cure and may cure within the contract time.
2. Where buyer rejects non-conforming, which seller had reasonable grounds to believer would be acceptable with or without money allowance, the seller may seasonably notify and have further reasonable time to cure.

Question 4

Criminal

Common Law Murder

Answer 4

• Unlawful killing of a human being with malice aforethought.
• Malice aforethought exists if the defendant has any of the following states of mind:
  1. Intent to kill
  2. Intent to inflict great bodily injury
  3. Awareness of an unjustifiably high risk of human life.
  4. Intent to commit a felony.

Question 5

Automobile Searches

Answer 5

• Police may stop and search a car without a warrant based upon reasonable suspicion that the car contain evidence of past or present crime.
• Police may search a car incident to legal arrest if the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.

Question 6

Deed Warranties

- Implication of accepting deed

Answer 6

• Doctrine of merger applies when a deed is accepted. All covenants to the land sale contract are merged in the deed.
• Acceptance by the buyer of the deed discharges the seller of all liability under the contract.
• Deed must specifically contain express title covenants to be valid.
• Exception - Covenants which a collateral to the land sale contract do not merge.

Question 7

Contract

- Accord and satisfaction

Answer 7

• Consideration generally is necessary to modify a contract. Payment of a smaller sum must be in some way different than originally agreed or in honest dispute.
• A contract may only be satisfied by an accord and satisfaction if supported by consideration.
• The agreement and performance is not enough, the balance continues to be enforceable.
• Under UCC, modifications must be in good faith.

Question 8

Larceny

• General
• Asportation element
• Continued trespass

Answer 8

• The taking and asportation of personal property of another by trespass
• With intent to permanently deprive the person of his interest in the property.
• Note - Asportation at common law can be any movement by trespass, he does not have to complete a the full object of getting the property into his possession where he can use it.
• A person can drop his booty because he fears being caught and only move it a few feet, or hide the goods to get later and abandon the plan, but either way the larceny is complete.
• Continued trespass - If defendant takes property with a wrongful state of mind but without intent to commit larceny (taking without permission intending to borrow), and later forms intent to steal it, the trespass initially a wrongful taking is continuing and renders defendant guilty of larceny.

Question 9

Landlord - Tenant

- Quiet Enjoyment covenant

Answer 9

• Conduct by the landlord.
• Amounting to substantial interference with tenant’s beneficial use and enjoyment, is constructive eviction.
• Tenant moved out.
• Substantial - Interference must be that a reasonable person would find dwelling uninhabitable or unfit for normal business.

Question 10

Joinder

- Permissive Joinder

Answer 10

• Plaintiffs may join if:
  1. Some claim is made by each against each defendant relating to or arising out of the same transaction, occurrence, or series thereof, and
  2. There is a question of law of fact common to all the parties.
• Defendants may be joined if:
• Same elements, except right is asserted against them.
• Claims of plaintiffs under $75,000 must be brought in under supplemental jurisdiction if diversity is the primary basis.