200
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| Trick re: Suretyship | If surety's MAIN PURPOSE was to benefit himself, then it is NOT a suretyship and does not fall w/in SOF.
E.g. Ct finds that the main purpose of promisor was b/c he intended to borrow tractor himself.
NY DOES NOT recognize this.
🗑
|
||||
| Consequential damages under the UCC Art 2 | For seller, consequential damages are NOT available.
For buyer, damages SPECIAL to the particular buyer-plaintiff that were REASONABLY FORESEEABLE to the breaching party are available.
🗑
|
||||
|
🗑
|
|||||
| State action doctrine | w/r/t private entities, 21
🗑
|
||||
| Seller's expectation damages under the UCC |
🗑
|
||||
| When are lost profits appropriate damages? |
🗑
|
||||
|
🗑
|
|||||
| Present sense impression | A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. Most courts read a corroboration requirement into 803(1). Under NEW YORK law, corroboration required.
🗑
|
||||
| Perfect tender rule | B has right to reject any non-conforming goods. S has duty to cure defect w/in reasonable time. [Some cts say reasonable time can go beyond due date].
🗑
|
||||
| Risk of Loss (Common Carriers) |
🗑
|
||||
| Difference b/w ASSIGNMENT and THIRD-PARTY BENEFICIARY CONTRACT | In an assignment, two parties enter a K and a third person appears LATER ON. With a TPD, all three parties are PRESENT FROM THE BEGINNING.
🗑
|
||||
| Third-party beneficiaries: RESCISSION AND MODIFICATION | P-sor and P-see can RESCIND or MODIFY the K until the rights of the TPB have "VESTED". TPD's rights have "vested" when he either LEARNS OF or RELIES on the K unless there is CONTRARY LANGUAGE in the K.
🗑
|
||||
| Third-party beneficiaries: Things to remember | [1] rescission or modification; [2] liability
🗑
|
||||
| Third-party beneficiaries: LIABILITY | *P-sor liable to TPD.
*P-sor liable to P-see.
*P-see liable to Cr Benificiaries ONLY (ie not Donee beneficiary).
🗑
|
||||
| Assignment: LIABILITY | Ex: Batman provides security to Gotham City. B assigns right to payment to Robin.
*Obligor (GC) is liable to Assignee (R).
*If B does not perform, R cannot collect (ie R steps in shoes of B).
*Obligor (GC) must be AWARE of the assignment.
🗑
|
||||
| Assignment: Things to remember | (1)Lang of present assmt;(2)Consid NOT required,(3)Lang controls restrictions on assgnmt,(4)Cannot substantially change duties of obligor,(5)Obligor liable to assignee, (6) last-in-time rule (gift assgmnts), first-in-time rule (assgmnts for consideration)
🗑
|
||||
| Assignment: how to create | *Must have language of PRESENT TRANSFER ("I assign..." NOT "I promise to assign")
*Consideration is NOT required (e.g. R need not give consideration to B). *Cannot substantially change duties of obligor
🗑
|
||||
| Preemption |
🗑
|
||||
| Mental state: Recklessness | MPC/NY: When D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.
🗑
|
||||
| Common law battery | Unlawful application of force to another, resulting in either bodily injury or an offensive touching. Mental state: Gen Intent
🗑
|
||||
| Common law murder | Causing death of another with malice aforethought. "Malice aforethought" means either intent to kill, intent to inflict serious bodily injury, extreme recklessness, or felony murder.
🗑
|
||||
| Mental state: General intent | A common law mental state: D need only be generally aware of the factors constituting the crime; he need NOT intend a specific result. (NB: Jury can usually infer the gen intent simply from the doing of the act)
🗑
|
||||
| start at 39 |
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
mdiaz367
Popular Law sets