Study Guide and Legal Terms

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Second Exam Review Guide

Chapter 8 – Negligence (5 extra credit questions)

Know the definitions of negligence and negligence per se
* Negligence – conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident * Negligence Per Se – violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach Know and be able to apply the reasonable person standard, including knowing what circumstances do and do not affect its application * Reasonable Person Standard – most of the time, due care is the degree of care that a similarly situated reasonable person would use in a given situation * Children, physical disability, mental disability, superior skill or knowledge, and emergencies Know the differing duties of a landowner with respect to various types of individuals entering its land or premises * Duty to Trespassers – not to injure intentionally

* Duty to Licensees – to warn of known dangerous conditions licensees are unlikely to discover for themselves (Ex: meter reader) * Duty to Invitees – to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover (this one is more extensive than the others) Know the definitions of factual cause and superseding cause

* Factual Cause – the defendant’s conduct was the actual cause of, or a substantial factor in causing, the injury * Superseding Cause – an intervening act that relieves the defendant of liability (Ex: minor motor vehicle accident turns into a fatality due to the doctor making a mistake – other driver not liable for that death) Know the comparative negligence doctrine and how it affects calculation of damages * Comparative Negligence – damages are divided between the parties in proportion to their degree of negligence; complex circumstances Know the defense of express assumption of risk

* Assumption of Risk – plaintiff’s express consent to encounter a known danger

Chapter 9 – Introduction to Contracts

Most of the topics in Chapter 9 are introductions to the later chapters and such topics will be identified in the subsequent chapters below. The following items are unique to Chapter 9 and may be covered on the exam Know the definition of a contract

* Contract – a binding agreement between two or more parties that the courts will enforce Understand the difference between common law contract law and the UCC provisions, and know when each is applicable * Common Law – most types of contracts are governed primarily by State common law, including contracts involving employment, services, insurance, real property, or intangible property * Uniform Commercial Code (UCC) – Contract law regarding the sale of goods is governed by the UCC, one of the few areas of contract law where statutory law has replaced common law almost completely Know the four core requirements to form a valid contract

* Mutual Assent – the parties to a contract must show by words or conduct that they have agreed to enter into a contract; generally requires an offer and an acceptance * Consideration – each party to a contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return exchange * Legal Subject Matter – the purpose of a contract must not be criminal, tortuous, or otherwise against public policy; legality of object * Capacity – the parties to a contract must have legal contractual capacity *

Know the difference between express and implied in fact contracts; know the difference between a bilateral and a unilateral contract, and how each is formed; know the difference between an executed contract and an executory contract * Express Contract – an agreement that is stated in words, either orally or in writing * Implied In Fact...
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