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LEGL 2700 Jason Epstein UGA Test 2 (Questions & Answers) 100% Correct!!
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LEGL 2700 Jason Epstein UGA Test 2 (Questions & Answers) 100% Correct!!
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Name: Score:147 Multiple choice questions
Definition 1 of 147
both need to be proved!!!!! causation in fact: jury questions so long as could be substantial,
material factor; "but for" this happening, then the injury would not have occurred
proximate causation: foreseeable risk; chain of events breaks down; you run a red light and hit a
person, surgeon leaves scalpel in body = won't win on negligence claim bc it's too far down the
chain
Types of Negligence
examples of conversion
mistake
causation
Definition 2 of 147
have an obligation until something happens, then no obligation
motivations and triggers: moral hazard
conditions subsequent
Covenants not to compete
actual injury
,Term 3 of 147
Rescission
courts won't allow you to introduce extra evidence that may have occurred during the
negotiation (prior to the written agreement); if it didn't make it into the written agreement,
too bad
return the consideration & harmed party essentially cancels the contract; party 1 cancels a
contract because of party 2's material breach
-production defect: not created to standards; Samsung batteries exploding in SOME
phones
-Design Defect: injury caused due to unsafe design; created the way It was supposed to be
produced
wrongful exercise of dominion (power) and control over the personal resources of another
(treating it as their own)
Definition 4 of 147
willfully or knowingly; requirement for being guilty
offer
conditions subsequent
intent
trespass
Definition 5 of 147
acceptance becomes legally binding when the offeree deposits it with the postal service
o Easier today - more things done electronically
o Shows how law needs to keep up electronically
capacity: minors
breach of duty
Denial of Service
mailbox rule
,Term 6 of 147
negligence claim could arise for...
-An accounting firm for making mistakes on a person's or company's tax filing
-A shop owner with a slip and fall case: injured on one's premises
1. duty
2. breach of duty
3. causation
4. actual injury
· Felony - indictment (grand jury) - fine or imprisonment 1+ years
· Misdemeanor - information (gov't charge) - fine or jail < 1 year
-Transporting and using explosives and poisons
-Keeping dangerous wild animals
-Artificial storage of large quantities of liquid
Definition 7 of 147
1. Contributory Negligence: no recovery plaintiff was at all at fault/contributed to their injury; not
many states follow this
2. Comparative negligence: plaintiff's damages award reduced by their "comparative" negligence
amount (generally % basis); essentially reduce the award; majority of states use this
3. Assumption of Risk: Plaintiff knowingly and willingly undertook the activity even though they
knew risks
Types of Performance
Types of Negligence
trends in white collar crimes
invasion of privacy
, Term 8 of 147
trespass
-can apply to real or personal property
real: entering another's land without consent or remaining there after being asked to leave
personal: similar to conversion but seriousness is less
o Mutual: we both have misunderstanding, can recend/cancel contract
o Unilateral: one side has misunderstanding, can't get out of contract
-any illegal offense that occurs in a biz or professional setting
o Committed to harm biz or for personal gains
o Money normally plays a large role
o Being silent on the offeree's part does not imply acceptance
o "automatic shipment" in course of dealing between parties may alter this rule
Definition 9 of 147
-Transporting and using explosives and poisons
-Keeping dangerous wild animals
-Artificial storage of large quantities of liquid
ultrahazardous activity
4th Amendment: expectation of privacy
acceptance of offer
legality of a contract
Definition 10 of 147
offeree must strictly comply
key provisions to contracts
negligence claims: elements
false statement to federal agency
exclusive mode of acceptance
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