1
Q
What is property? - sidenote: businesses are an exchange of property
A
Legal right to exclude (meaning your property has a legal fence) others from resources that are originally possessed or are acquired without force, theft, fraud (legally).
2
Q
What is known as a legal fence?
A
The legal right to exclude others from property.
3
Q
Is property absolute and infinite?
A
Absolute but NOT infinite (you can’t produce or make drugs/ make or do illegal things even within your home).
4
Q
Can property boundaries be ambiguous?
A
Yes (think about fences and property lines).
5
Q
What is the foundation of the free (private) market?
A
Property — people have protections in place that incentivize purchase and investment in resources.
6
Q
Case example: Does taking and selling a home to satisfy a debt to the government and keeping the surplus value as a windfall violate the 5th amendment taking clause?
A
The government said it counts as a taking but you have to return net proceeds from the sale back to the owner.
7
Q
What frameworks handle the problem of limited resources?
A
State makes major decisions (Communist countries) and Private Property System; most societies have mixed frameworks.
8
Q
What can the state do under a state-controlled framework?
A
State can direct people in how, when, where and assumes rights over people’s resources, efforts, and talents.
9
Q
What does the Private Property System do?
A
State recognizes and enforces an individual’s rights to acquire, possess, use, and transfer scarce resources; people determine distribution.
10
Q
If the goal is to increase the amount of limited resources, which framework is better?
A
Private Property System.
11
Q
What is real property?
A
Land and interest in land (includes buildings).
12
Q
What is personal property?
A
All moveable resources, divided into tangible and intangible.
13
Q
What is tangible property?
A
Physically touch it.
14
Q
What is intangible property?
A
Nonphysical stuff (intellectual property).
15
Q
What does land ownership consist of beyond the surface?
A
More than surface or the property — includes air rights and subsurface rights.
16
Q
What are air rights?
A
Owner of real property possesses the air above the land to a certain extent TO THE EXTENT THAT YOU STILL/CAN OCCUPY AND USE.
17
Q
Can air rights be sold to another for development?
A
Yes. Think of NYC — you may purchase air rights to build up or prevent obstruction of view.
18
Q
What are subsurface rights?
A
Landowner owns the liquids, gases, rocks, and minerals beneath the land and can sell them separately.
19
Q
What is the Rule of Capture?
A
If it naturally flows from your place to theirs, the other person if able to keep and sell it; does NOT apply if machinery used touches the other person’s property or causes physical intrusion.
20
Q
Case Example Briggs v. Southwestern Energy Production Co.: can you use machinery to pull over gas from one property to another?
A
Yes, the rule of capture allows extraction of natural gas from an adjacent property using hydraulic fracturing BECAUSE THERE IS NO PHYSICAL INTRUSION.
21
Q
What is a fixture?
A
Personal property that has converted into real property by attaching the object to the real property; becomes one with the real property.
22
Q
What happens to fixtures when the real property is sold?
A
The fixture has to stay with the house.
23
Q
What is a Fee Simple estate?
A
Maximum estate allowed under law (includes fee simple absolute and fee simple defeasible).
24
Q
What is Fee Simple Absolute?
A
Example wording: ‘To Juanita’ (no conditions).
25
What is Fee Simple Defeasible?
Example wording: 'To Juanita as long as it’s used as a manufacturing plant'; if condition violated, it goes back to original owner.
26
What is a Life Estate?
'To Sally May for life.' Grants an ownership in land for the lifetime of a specified person.
27
What is a reversion interest in a life estate?
If the land reverts to the original grantor upon the death of the life tenant, the original grantor has a reversion interest.
28
What is a remainder interest in a life estate?
If the property goes to someone other than the original grantor upon the life tenant's death, that person has a remainder interest.
29
Why are reversion and remainder property interests called future interests?
Because no rights exist until a future time (the life tenant's death).
30
Is a Life Estate a present interest or future interest?
A Life Estate is a present interest.
31
What rights does a Life Estate holder have?
Entitled to full use and enjoyment of property (includes rights to rents/profits).
32
What responsibilities does a Life Estate holder have?
Responsible for property taxes & upkeep and must protect and preserve the property (can't damage or diminish value).
33
Can Life Estate deeds allow sale or mortgage by the life tenant?
Most life estate deeds specifically state you cannot sell or mortgage the property.
34
What is a Leasehold Estate?
Property right granted to tenants by a landlord for a definite or indefinite duration; tenants have qualified possession, use, and transfer of the land and can't waste the land.
35
Give an example of a Leasehold Estate.
Apartments.
36
What is Concurrent Ownership?
When more than 1 person owns the property and both have an undivided interest and are entitled to the entire property.
37
What is Joint Tenancy?
Owners must be equal and there is a right of survivorship; can be partitioned.
38
What is Tenancy in Common?
Can have different shares, no rights of survivorship, and can be partitioned.
39
What is an easement?
Right of someone other than the owner to cross over land or use the land.
40
How can easements be acquired?
Buying from a titleholder or reserved in a deed, natural easement (necessary easement), negative easement, or easement by prescription.
41
What is a natural easement?
When landlocked property gets access to a road; also called necessary easement.
42
What is a negative easement?
A promise asking another not to do something on their land that would negatively impact your property (e.g., asking them not to drill or build up).
43
What are the elements for an easement by prescription?
Using the property openly, without permission (hostile), continuously (typically about 20 years) and uninterrupted.
44
Which case is noted under easements?
Duke Energy Carolinas v. Gray.
45
What does personal property cover in Chapter 7 notes?
Bailments — goods placed into another’s possession to be returned later with intent to return.
46
Who is the bailor and bailee?
Bailor = owner of an object; Bailee = possessor of the object.
47
Key question for bailments: Did the bailee intend to take possession of this object?
Yes — example: Rihanna and hotel example (hotel not considered a bailee).
48
What are the types of bailments?
For the sole benefit of the bailor (slight duty), mutually beneficial (reasonable duty), and for the sole benefit of the bailee (high duty).
49
What is the burden of proof for bailments?
Assume bailee has breached duty of care if they fail to return the item.
50
What are methods of property acquisition?
Exchange, Possession (rule of first possession, abandoned property, lost items, mislaid things), Adverse Possession, Confusion, Accession, Gift, Title and Property Registration.
51
What is the rule of first possession?
First person to reduce previously unowned things to possession becomes their owner (example: tenant vs landlord meteorite).
52
Who owns abandoned property?
First person to reduce abandoned thing to possession owns it.
53
What happens when an item is lost?
Finder becomes owner by reducing to possession and following statutory procedure (publicize the found item).
54
What happens to mislaid things?
Must be given to the owner of the premises where the item was mislaid.
55
What famous disputed baseball example is mentioned?
Alex caught a baseball but dropped it due to getting hit/shoved; another picked it up — question of who had right to ownership (Popov case scenario).
56
What is Adverse Possession?
Provides ownership of land when possession is open and notorious, actual and exclusive, continuous, wrongful, and for a prescribed period (usually 10–20 years).
57
How can an owner defend against adverse possession?
Give the possessor permission, because then it is not wrongful nor continuous.
58
What is confusion in property acquisition?
Occurs when fungible goods are mixed; owners hold proportional shares if confusion is by honest mistake; if records exist, split per records; if intentional wrongful confusion, innocent party gets all goods.
59
What is accession?
Something that is added; when people apply efforts to raw material and change its nature into finished products, they own the finished products.
60
Give accession class example.
Restoring an old airplane engine and building an airplane around it; you become the owner after paying original owner for the engine if needed.
61
What are the elements for a valid gift?
Donor intends to make the gift and delivers the gift by physical transfer or constructive delivery (e.g., keys).
62
What is a testamentary gift?
Gift through a will, not complete until donor's death.
63
What is title and property registration?
Title = document registered with the state for certain types of personal property representing ownership; Deed = document of title that transfers ownership of land.
64
What types of deeds are listed?
Warranty deed, Special/Limited warranty deed, Quitclaim deed.
65
What is a Warranty Deed?
Promises the grantee that the grantor has good ownership and full power to convey it; buyer can sue seller if someone else claims the land.
66
What is a Special/Limited Warranty Deed?
Limits liability of the grantor and does not hold grantor liable for title defects dating from previous owners; current GA contracts call for limited warranty deed.
67
What is a Quitclaim Deed?
Makes no guarantees other than that the grantor surrenders all claim against the land.
68
Why are deeds recorded at the courthouse?
To put others on notice regarding ownership/transfer of title; timing of recording establishes priority.
69
What happens if a deed never gets recorded?
Whoever records first has priority and owns the property.
70
What is a security interest in land?
Security Deed is a pledge of real property to secure repayment of a loan (used in Georgia); Deed of Trust involves a trustee and is not recognized in GA.
71
What is a Land Sales Contract?
Owner sells land to buyer but retains title until purchase price is paid (seen with unimproved land or farmland).
72
What must be recorded at the courthouse for security interests?
Security Deeds and Deeds of Trust must be recorded to provide notice to potential buyers and lenders; timing establishes priority.
73
What is foreclosure?
Process by which a creditor exercises its secured property interest when obligation owed is not satisfied, usually via public sale.
74
What is the difference between judicial and non-judicial foreclosure?
Some foreclosures require court involvement (judicial); Georgia is non-judicial (no court required to foreclose).
75
What is deficiency in foreclosure context?
Balance owed by the debtor to the creditor (mortgagee) after foreclosure sale.
76
What is right of redemption?
Allows mortgagor to get back land upon payment of full debt, interest, and costs (example: tax sales with a one-year redemption period).
77
What is an artisan's lien?
Arises when someone contributes parts/services to personal property and is not paid; the lien is possessory.
78
What is a mechanic's lien?
Arises when someone contributes materials/services to real property and is not paid; NOT possessory and only has priority if perfected by written notice.
79
What is nuisance?
Use of land that causes inconvenience or damage to the public (public nuisance) or substantial interference with enjoyment/use of another's land (private nuisance).
80
Who can bring a public nuisance claim?
Only a public official can bring a public nuisance claim.
81
What is private nuisance?
Unreasonable use of one’s property causing substantial interference with another’s enjoyment of land (harm already occurred).
82
What is a negative easement according to the notes?
The harm hasn't already occurred and it's a promise to not do something.
83
Case Cook v. Sullivan: what happened?
Plaintiffs sued defendants for creating a nuisance by filling wetlands and constructing a home; court ordered the home removed.
84
What is zoning?
Laws dividing counties into use districts (residential, commercial, industrial) and limiting the use of land to specified purposes and imposing requirements like height and aesthetics.
85
What is a variance in zoning?
An exception to zoning where you seek permission to use the land differently by convincing the city conversion won't be harmful.
86
How does taxation limit property rights?
Taxes fund public services and limit private property rights in favor of the common good; federal taxation is a constitutional power of Congress.
87
Does a contract have to be in writing to be enforceable?
No, contracts do not have to be in writing or signed to be valid and enforceable.
88
What is a contract?
Legally enforceable promise or exchange of promises.
89
What does contract law enable in private enterprise?
Enables private agreements to be legally enforceable, creates certainty, provides flexibility and precision in business dealings.
90
What are the sources of contract law?
Legislation (Uniform Commercial Code) for sale of goods and Common Law (judges' decisions) for other contracts.
91
What does the UCC regulate?
Contracts for sale of goods (tangible, moveable items of private property).
92
What is a bilateral contract?
Exchange of promises; both parties have a duty to perform when contract formed (most business contracts).
93
Give an example of a bilateral contract.
David promises to deliver a laptop to Laura and Laura promises to pay David $1000.
94
What is a unilateral contract?
Exchange of a promise for performance; only one party is obligated until performance occurs.
95
Give example of a unilateral contract.
Lisa promises to pay Olaf $1000 if 100 units are sold at year end; Olaf’s right to money arises only if he performs.
96
What is an express contract?
Parties show agreement in words (written or oral) and discuss promised terms.
97
What is an implied-in-fact contract?
Arises from conduct rather than words (examples: ordering food at a restaurant, getting a haircut).
98
What is an implied-in-law (quasi-contract)?
Judicial remedy to prevent unjust enrichment when no actual contract exists (example: bank returning $1000 overpayment).
99
What does 'valid' mean in contractual terminology?
All required elements are met.
100
What does 'enforceable' mean?
Agreement will be upheld in court.
101
What does 'unenforceable' mean?
A party has a justifiable reason for not performing.
102
What does 'void' mean?
Agreement lacks an essential element.
103
What does 'voidable' mean?
At least one party can withdraw and make the contract void.
104
What is an executed contract?
Parties have performed their promises.
105
What is an executory contract?
Parties have not yet performed their agreement.
106
What are the elements of an enforceable contract?
Offer, Acceptance, Consideration, Capacity, and Legality.
107
What is an offer to contract?
Contains a specific promise and a specific demand; offeror must intend to make the offer as measured by an objective standard.
108
What is the objective standard for offer intent?
Courts measure intent from a reasonable person’s perspective in the position of the offeree.
109
What is the general rule about contractual terms?
Terms must be definite and specific to be enforceable, except sale of goods under the UCC.
110
Give the example involving a media-edited statement about murder and a law student suing for a million dollars: what principle does this illustrate?
An offer must be made with intent; you cannot make an offer you don't know you're making; context matters.
111
What are terminations of an offer?
Revocation, Rejection, Counteroffer, Lapse of time, Subject matter destruction, Offeror death or insanity, Subject matter illegality.
112
What is acceptance of an offer?
Necessary to create a valid, enforceable contract; bilateral accepted by promise, unilateral accepted by performance.
113
What is the Mirror Image Rule?
Acceptance must match the offer exactly to create a binding contract; otherwise it's a counteroffer (exception: UCC sale of goods).
114
Under UCC, how are additional terms treated when both parties are merchants?
Treated as additions to contract unless offer limits acceptance, terms materially alter contract, or offeror rejects proposed terms.
115
Is silence acceptance?
No — silence is not acceptance, with limited exceptions (future shipments, course of dealings, implied-in-fact contracts).
116
What is the Mailbox Rule?
Acceptance is legally binding when dispatched (sent), even if offeror hasn't received it.
117
When is an offeror's revocation effective?
Not effective until the offeree actually receives it.
118
What is consideration?
Bargained-for exchange/exchange of value between parties where each gives something of value.
119
Give examples of consideration.
Promise to pay, promise to deliver goods/perform services, agreement not to sue, promise to keep an offer open (option contract), promise to do something one has no obligation to do, promise to refrain from doing something legally allowed.
120
What is an option contract?
Agreement not to revoke an offer for a time period, supported by consideration (common in real estate where buyer pays to keep offer open).
121
What does not suffice as consideration: Pre-existing obligation?
Yes — demanding more money for same work does not suffice (doesn't apply to UCC sale of goods).
122
What is past consideration and does it suffice?
Past consideration (performing before promise) does not suffice (example: Maria promising $20 after Bob already washed her car).
123
Does a promise to make a gift suffice as consideration?
No — promise to make a gift is not consideration (example: grandparent promising a car).
124
What is promissory estoppel (detrimental reliance)?
Equitable doctrine where a party reasonably relies on a gratuitous promise to their detriment and can ask court for compensation; elements include promise, reliance, significant detriment, and relief limited to fulfilling promise or reimbursement.
125
Give the music program high school example illustrating promissory estoppel.
Principal acted on musician's promise to start program; promissory estoppel applies when there was no consideration but reliance caused detriment.
126
What is capacity to contract for minors?
Minors cannot be bound; contract voidable at minor's option (exceptions: contracts for necessaries).
127
What is the rule for intoxicated and mentally impaired persons?
Generally cannot be bound and contracts are voidable at their option; court tests whether adult could understand nature and purpose of contract.
128
What makes a contract unlawful?
Contracts requiring commission of a crime, tort, or violating public policy are void; courts leave parties where they stand with limited exceptions.
129
What are exceptions to enforcing partly illegal contracts?
Enforce legal parts, protect innocent parties, or situations of innocent mistakes like missed license renewal for professionals.
130
What are defenses to contract enforcement?
Improper form (Statute of Frauds), No true meeting of minds (fraud, mistake, duress, undue influence).
131
What is the Statute of Frauds?
Requires certain contracts to be in writing: sale of interest in land, collateral promise to pay another's debt, contracts not performable within 1 year, sale of goods $500+ (UCC) with exceptions.
132
What are exceptions to the Statute of Frauds writing requirement?
Part performance, specially manufactured goods, partial or complete performance, admission by party being sued, contracts for goods between merchants (confirmation), judicial admission.
133
What is part performance exception example?
Possession and improvements to property can make an oral contract enforceable despite writing requirement.
134
What is lack of meeting of the minds: fraud?
Fraud is misrepresentation with intent to deceive that is relied upon and causes injury; remedy: void contract or enforce and sue for damages including punitive.
135
What is mistake as a defense: mutual vs unilateral?
Mutual mistake allows rescission (both mistaken); unilateral mistake usually no remedy (e.g., auction bid error).
136
What is duress?
Action compelling another to do what they wouldn't otherwise do; threat physical or economic.
137
What is undue influence?
When relationship of trust is abused to take unfair advantage; contract is voidable (example: elderly or ill persuaded to enter disadvantageous contract).
138
Who decides contract interpretation?
Judge gives meaning of words based on type of contract.
139
What controls in contract interpretation: handwritten, typed, pre-printed terms/forms hierarchy?
Handwritten controls most, then typed, then pre-printed forms.
140
What is the Parol Evidence Rule?
Parties to a complete and final written contract cannot introduce oral agreements made at time of or prior to written contract that would change contract terms.
141
When is oral evidence allowed under Parol Evidence Rule?
Evidence of oral modification after the written contract, evidence to explain meaning of terms (not change), or to prevent fraud.
142
What is duty of performance?
Performance required by other party as promised in the contract.
143
When is a duty discharged?
When the party is relieved from further responsibility of performance.
144
Define Condition Precedent.
YOU HAVE NO DUTY TO PERFORM UNTIL SOME CONDITION OCCURS (example: zoning is condition precedent to buyer's duty to purchase land).
145
Define Condition Subsequent.
YOU CURRENTLY HAVE A DUTY BUT THEN SOMETHING OCCURS THAT TAKES AWAY THE RESPONSIBILITY (example: agreed to paint only if it doesn't snow).
146
What are express and implied conditions?
Express conditions explicitly mentioned in contract; implied conditions are read into obligations though not explicitly stated.
147
What are concurrent conditions?
Parties have simultaneous duty of performance (example: at the closing table when buying a house).
148
Under UCC, what is default rule for payment & delivery?
Payment is a buyer's condition before seller delivers when unspecified; delivery presumption: buyer picks up goods at seller's location unless destination contract.
149
What is complete performance?
Everything required under the contract has been done; party entitled to complete performance by other party.
150
What is substantial performance?
Less than full performance but greater than significant; other party may sue for damages resulting from the breach.
151
What is material breach?
Performance is materially deficient or non-existent; other party relieved from performing and may sue for damages.
152
What is Force Majeure?
Clause negotiated into contract to excuse/delay performance if specified extreme events outside parties' control occur (must be specifically listed).
153
Give examples of Force Majeure events listed in notes.
COVID, natural disasters, terrorist attacks, times of war — all must be specifically listed to count.
154
What is Impossibility under common law?
Performance is illegal or physically impossible (not by obligor's fault), higher standard (example: building destroyed by fire).
155
What is Frustration of Purpose?
Unforeseen event undermines party's principal purpose for entering contract (example: athlete paralyzed before training for Olympics).
156
What is Commercial Impracticability (UCC)?
Circumstances greatly increase difficulty and violate reasonable expectations; if goods are available elsewhere, cannot use this excuse.
157
What is waiver?
A party gives up a right to enforce a contract, typically after non-performance (example: landlord waives late fee).
158
What is release?
When a party allows the other not to perform, typically agreed before non-performance (example: mortgage payment deferral agreement).
159
What is breach of contract?
Arises when a party does not accomplish the obligation of contractual performance.
160
What remedies are available for breach?
Damages awards and equitable remedies.
161
What are compensatory damages?
Damages aiming to put plaintiff in same position as if contract had been performed.
162
What are liquidated damages?
Amount stipulated in the contract as damages; cannot be a penalty and should estimate true damages.
163
What are consequential damages?
Damages for downstream impact of breach (unusual foreseeable losses like lost sales).
164
For buyer breaches, what are compensatory damage types?
Lost profits if seller resells at lower price, contract price if seller can't resell.
165
For seller breaches, how are damages measured?
Difference between market price and contract price when buyer must procure goods at higher price.
166
What is duty to mitigate?
Victim must take reasonable steps to mitigate damages (reduce/minimize damage).
167
What is specific performance?
Equitable remedy used for unique subject matter (land) requiring defendant to do what contract obligated.
168
What is an injunction?
Court order directing a party to do or refrain from doing something.
169
What is rescission?
Court cancels the agreement and returns exchanged consideration to each party.
170
What are third party beneficiary rules?
General rule third parties cannot enforce contracts unless parties intended to benefit the third party (creditor and donee beneficiaries are exceptions).
171
What rights do creditor beneficiaries have?
Creditor beneficiary can enforce contract against promisor or promisee.
172
What rights do donee beneficiaries have?
Donee beneficiary CAN enforce contract against promisor but CANNOT sue the promisee.
173
Who is an incidental beneficiary?
A 3rd party who unintentionally benefits and has no right to enforce the contract.
174
What is assignment?
Transfer of contractual rights.
175
What is delegation?
Transfer of contractual duties; delegator remains liable if delegatee fails.
176
What is novation?
Signing a new agreement replacing a party where all parties consent and original replaced party is relieved of liability.
177
Who is liable after assignment, delegation, and novation?
Assignment: assignee can sue obligor; Delegation: delegator remains liable and can sue either delegator or delegatee; Novation: original party off the hook if new agreement signed by all.
178
What is a tort?
A civil wrong that gives rise to an injury or harm (other than a breach of contract).
179
What are the types of torts?
Intentional, Negligence, and Strict liability.
180
What is intent in intentional torts?
Desire to bring about certain results; plaintiff must prove defendant intended to perform the act substantially likely to result in harm.
181
What is assault?
Placing another in immediate apprehension for his/her physical safety.
182
What is battery?
Touching another without consent; intention to touch and offending/harming touching required; battery can occur without assault if victim unaware.
183
What is infliction of emotional distress?
Outrageous intentional conduct with strong probability of causing mental distress requiring proof of physical symptoms.
184
What is invasion of privacy?
Using a person’s name/likeness for personal gain, intrusion upon solitude, or public disclosure of highly objectionable private info.
185
What is false imprisonment?
Intentional unjustified confinement of a nonconsenting person.
186
What is malicious prosecution/false arrest?
Causing someone to be criminally arrested without proper grounds.
187
What is trespass to land?
Entering another’s land without consent or remaining after asked to leave; projecting something onto another's land can be trespass.
188
What is trespass to chattel?
Using personal property without permission or interfering with owner’s possession; can recover value of lost use and the item.
189
What is conversion?
Civil version of theft; wrongful exercise of dominion and control over another's personal property that is substantial or serious.
190
How does conversion differ from trespass?
Conversion has a higher degree of interference and more serious invasion.
191
What is defamation?
Publication of untrue statements to a third party that ridicule someone's character or reputation; slander is oral, libel is written (radio considered libel).
192
What are defenses to defamation?
Truth and privileged communication (e.g., to attorney or judge).
193
Is news media held to same defamation standard?
Yes, unless acting with malice or reckless disregard.
194
What is business fraud?
Intentional misrepresentation of a material fact relied upon causing injury; failure to disclose can be fraud when there's a legal duty to disclose.
195
What is injurious falsehood?
Publication of untrue statements disparaging a product's quality; plaintiff must show falsity and actual damages.
196
What is tortious interference?
Wrongful interference with contractual or business relationships (e.g., inducing an employee under contract to break it).
197
What is negligence?
Unreasonable behavior that causes injury; an unintentional tort and #1 cause of action in U.S.
198
What are the five elements of negligence?
Duty of care, Breach of duty, Causation in fact, Proximate causation, Actual injury.
199
Define Duty of Care.
Responsibility to another to exercise reasonable care and skill to avoid causing injury; without duty no reasonable care owed.
200
What is the standard of care?
What a reasonable person would do under similar circumstances; professionals held to reasonable professional standard (malpractice).
201
Is there a duty owed for non-conduct?
No, except for special relationships (parent/child, business/customer, hotel/guest) which can create duty to act.
202
What was takeaway from Iannelli v. Burger King Corp regarding duty to protect customers?
Normally restaurants do not have duty to protect customers from assault, but if employees are aware of danger they may have a duty to act.
203
What is breach of duty?
When conduct fails to meet applicable standard of care (example: mopping floors during business hours causing slip).
204
How does foreseeability affect breach of duty?
There can be no breach if danger was not reasonably foreseeable.
205
What is willful and wanton negligence?
An aggravated level of negligence/ extreme lack of duty of care (example: drinking and driving).
206
What is causation in fact?
Defendant's failure to use reasonable care must actually have caused the injury (But For test, Substantial Factor test).
207
What is the But For Test?
But for the defendant's act, would the injury have occurred?
208
What is the Substantial Factor Test?
Jury determines whether defendant's conduct was a substantial, material factor in bringing about injury.
209
How do states handle multiple responsible defendants?
Some states joint and several liability; Georgia uses several liability (defendant liable for portion jury assigns).
210
What is proximate causation (legal cause)?
Liability only for foreseeable risks defendant caused; requires foreseeable plaintiff and foreseeable consequence.
211
What is intervening cause?
Cause that intervenes between defendant’s negligence and plaintiff’s injury which can destroy proximate causation (example: intoxicated thief stealing car).
212
What is actual injury requirement?
Plaintiff must prove legally recognizable harm, typically physical injury to person or property; failure to use reasonable care alone is not enough.
213
What are affirmative defenses to negligence?
Contributory/comparative negligence and assumption of risk.
214
What is contributory negligence?
If plaintiff is even partially at fault, they cannot recover (some jurisdictions).
215
What is comparative negligence?
Damages apportioned according to fault if plaintiff partially at fault.
216
What is assumption of the risk?
Plaintiff cannot recover if they knew specific risk and voluntarily assumed it (exceptions exist like reentering burning house to save valuables).
217
What is strict liability in tort?
Assigns liability for harm even without fault or intent; types include products liability and ultrahazardous activities.
218
What is strict products liability?
Commercial seller who sells an unreasonably dangerous defective product that injures a user is strictly liable.
219
What are production defects and design defects?
Production defects: product not made to manufacturer's standards; Design defects: injury caused by unsafe design often including failure to warn.
220
What are defenses to strict products liability?
Assumption of the risk and misuse; contributory negligence is NOT a defense to strict products liability.
221
What are examples of ultrahazardous activities?
Transporting/using explosives and poisons, keeping dangerous wild animals, artificial storage of large quantities of liquid.
222
What are Dram Shop Acts?
Liability upon tavern owners for injuries to third parties caused by their intoxicated patrons.
223
What are compensatory damages in tort cases?
Compensates plaintiff for injuries: past and future medical expenses, past and future pain and suffering, past and future economic loss.
224
What are punitive damages?
Awarded to punish defendants for intentional torts or negligent behavior considered gross or willful and wanton; examine motive and conscious disregard.
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