Test 3

Front 1

Illegality

Back 1

an argument will be unenforceable if the agreement involves an act or promise that violates a law or against public policy

Front 2

Types of Illegality

Back 2

Agreement that violates a stature

-A common regulatory stature requires a person to obtain a license, permit, or registration before engaging in a certain business or profession.

-If the purpose of the statute is to protect the public against dishonest or incomplete practitioners, then an agreement is unenforceable if an unlicensed person agrees to do an act that requires a license.

2. Agreement that violate public policy

Agreements to commit a crime

Agreements promoting an illegal purpose

Agreements to perform an act for which the person is not properly licensed ex. Riggs v. Woman to Woman, PC.

Agreements in restraint of competition- If a sole purpose of agreement is to restrain competition, it violates public policy

Front 3

A non-competition clause

Back 3

restraints competition, serves as legitimate business purpose, restriction is based in time, geography, and scope, and does not impose an undue hardship.

Front 4

Nasc Services Inc. vs. Jervis

Back 4

Clause would create an oppressive and unfair scenario for former employees

Front 5

Unconscionable Contract

Back 5

Contract with the absence of meaningful choice and terms unreasonably advantageous to one of the parties.

Example- Moore vs. Woman to Woman Obstetrics

Front 6

Contract of Adhesion

Back 6

a contract on a standardized form, offered by a party who is superior bargaining position on a take it or leave it basis.

Front 7

Exculpatory Clause

Back 7

are subject on public policy goods but courts do not want to interfere with agreement if it does not threaten public health or safety. A contract attempts to protect one party from liability for damages.

Front 8

Writing, in general, is not required to create a legally enforceable contract

Back 8

Writings may be required by Statute of Frauds.

-Enforced in 17th Century England to prevent fraud by requiring written evidence American states adopted similar statutes.

Front 9

A contract is unenforceable if...

Back 9

it does not satisfy the statute of frauds

Front 10

Collateral Contracts

Back 10

a guarantor "cosigner" promises to perform an obligation of a principal debtor "buyer" to third person (oblige) "financer".

-Exception: under the main purpose or leading object rule, no writing required if guarantor makes a collateral promise for main purpose of obtaining personal economic advantage. -Dynegy, Inc. vs. Yates

Front 11

Contracts of Real Estate

Back 11

A writing is required for contracts for the transfer of sale of an interest in real estate.

Front 12

Contracts for more than ONE year

Back 12

A writing is required for bilateral contracts that cannot be performed with in a year from day of their information.

Front 13

More Contracts Covered by the Statute of Frauds

Back 13

Contracts for Sale of Goods over $500

Executor's promise

Marriage as Consideration- Implied contact

Front 14

Specified Performance

Back 14

a remedy whereby the courts orders the breaching party to perform his contract.

-Contracts cannot be performed within a year. -Schaadt vs. St. Jude Medical S.C. INC

Front 15

Parol Evidence

Back 15

Written or spoken statements that are not contained in the written contract.

Front 16

Merger Clause

Back 16

AKA integration clause, the written contract is the complete integration of the parties agreement. -Hinkel vs. Sataria Distributor and Packaging

Front 17

Property

Back 17

something that may be owned, a right, or interest that allows a person to own.

Front 18

Police Power

Back 18

regulate use of property, tax it, public use

Front 19

Personal (everything else) vs. Real

Back 19

Earths Crust is attached to it

Front 20

Tangible (Things felt) vs. Intangible

Back 20

Patents, copyrights, no physical existence

Front 21

Public (owned by gov) vs. Private

Back 21

Acquiring Ownership of Personal Property

Front 22

Rights of Finders of Property

Back 22

Abandoned

Lost

Mislaid

Front 23

Abandoned

Back 23

Relinquish of title to property first person to go to property gets ownership

Front 24

Lost

Back 24

subject to original owner. Retain Title

Front 25

Mislaid

Back 25

no rights to the property

Front 26

Leasing

Back 26

transfer of right to posses and use personal property belonging to another

Front 27

Estray Statutes

Back 27

allow finders of property to clear their title to the property through court action after giving public notice

Front 28

Embedded Property

Back 28

refers to property found under water or in the ground. -Corliss vs. Wenner and Anderson

Front 29

Gifts

Back 29

voluntary transfer of property to the done for which the donor gets no consideration in return.

Valid if donor intend to make a gift, donor must make delivery of gift, and done accept two types of gifts. 1. Inter vivos 2. Causa

Front 30

Inter Vivos

Back 30

gift between two living persons

Front 31

Causa Mortis

Back 31

conditional gift effective unless Donor Recovers, Donor revokes or withdraws, Donee dies

Front 32

Conditional Gift is...

Back 32

not a gift, requires donee to comply with certain rules or perform certain actions. -Lindh vs. Surman- Engagement ring

Front 33

Will/Inheritance

Back 33

put a janitor until age of majority

Front 34

Confusion

Back 34

each person owns a percentage

Front 35

Accession

Back 35

value of property. Clean and simple if tenant does anything to land

Front 36

Bailments

Back 36

bailor own/hold right, Bailor delivers possession/control, Bailee accepts- owns duty

Front 37

Types of Bailements

Back 37

Sole Benefit of Bailor

Sole Benefit of Bailee

Mutual Benefits

Front 38

Sole Benefits of Bailor

Back 38

Minimal care

Front 39

Sole Benefit of Bailee

Back 39

High degree of care ex. Neighbor using truck

Front 40

Mutual Benefits

Back 40

Reasonable care ex. parking garage

Front 41

Special Bailments

Back 41

Common Carrier- duty of care

Hotel Keepers

Safe Deposit Boxes

Front 42

Involuntary Bailments

Back 42

notify them, identify property, make it available to them sue for cost of storage, cost of throwing in the trash

Front 43

Real Property

Back 43

land and things attached or embedded in land; building, trees, crops, surfaces and groundwater, minerals, airspace above the land.

Front 44

Fixtures

Back 44

an item or personal property that has become so attached to real property that it becomes part of real property.

Real Property owner now owns fixtures

Relevant Factors to determine transformation

1. Attachment ex Garage

2. Adaptation ex keys, custom windows

3. Intent ex Chandelier

Chevron USA INC vs. Sheikhpour

Front 45

Trade Fixtures

Back 45

remain the tenant's personal property and may normally be removed at termination of the lease

Front 46

Estate

Back 46

describe the nature of a person's ownership interests in real property

Front 47

Freehold Estates

Back 47

are ownership interests of uncertain duration

Front 48

Non-freehold

Back 48

estates that lease real property

Front 49

Co-Ownership of Real Property

Back 49

Fee Simple Absolute- Full Ownership

Life Estates- till death

Tenancy in Common- two people not married buy property together equal ownership

Joint Tenancy- tenants in common one dies other gets ownership

Tenancy in the Entirety- married

Community Property- property acquired during marriage

Tenancy in Partnership- Partners

Condominium- town own, own small space

Cooperative Ownership- owned by corp or group of people

Front 50

Easement

Back 50

is a right to make use of another person's property (affirmative) or prevent another from using property (negative).

1. Grant

2. Reservation

3. Prescription

4. Implication

Front 51

Profit

Back 51

is a right to enter another's land and remove some product or part of land

Front 52

License

Back 52

a temp. right to enter another's land for a specific purpose

Front 53

Restrictive Covenants

Back 53

must be read seriously, may include restrictions use of real property. -Gardner vs. Jeffreys

Front 54

Adverse Possession

Back 54

Position to acquire title of land - Schlichting vs. Cotter

Front 55

Deed

Back 55

a written instrument that transfers title from one to another

Front 56

Quitclaim

Back 56

conveys whatever title the grantor has at the time he executes the deed.

Front 57

Warranty

Back 57

contains covenants of warranty

Front 58

Title Insurance

Back 58

the preferred and most common means of protecting title to real property

Front 59

Abstract of Title

Back 59

a history of what the public records

Front 60

Defective and Dangerous Premises

Back 60

Implied Warranty of Hability- property habitable or suitable for the buyers use

Caveat emptor (let the buyer beware)

Premises Liability- liability for people on property

Nuisance-prevent reasonable enjoyment on land ex. Noise, odor

Zoning ordinances ex car dealerships

Eminent Domain- public taking, taking of gov.

-Kelo vs. City of New London 115 properties rejuvenate area. did not want to sell

Front 61

Lease

Back 61

a possessory interest in land owned by another 1. Commercial

2. Residential

Front 62

Tenancy for a Term

Back 62

Landlord and Tenant agree on specific duration of the lease and fix the date on which the tenancy will end.

Front 63

Periodic Tenancy

Back 63

landlord and tenant agree that tenant agree that tenant will pay rent at regular, successive intervals (e.g. month to month)

Front 64

Tenancy at Will

Back 64

Landlord and tenant agree that tenant may possess property for an indefinite amount of time, with no agreement to pay rent at regular, successive intervals

Front 65

Tenancy at Sufferance

Back 65

when a tenant remains in possession of the property after a lease has expired.

Front 66

Implied Warranty of Possession

Back 66

guarantees tenant's right to possess the property for the term of the lease.

Front 67

Implied Warranty of Quiet Enjoyment

Back 67

Guarantees that a landlord's act on omission will not interfere with tenant's possession. Landlord may not enter property during term unless repair or inspection

Front 68

Implied Warranty of Habitability

Back 68

Landlord grantor must deliver a habitable dwelling at the beginning of the lease. Housing Codes

Front 69

Action for Damages

Back 69

measured by diminished value of the leaseholder

Front 70

Termination of the Lease

Back 70

Landlord's breach must have been extreme enough to contrive material breach

Front 71

Rent Abatement

Back 71

Tenant may withhold part of rent for period during which landlord was in breach

Front 72

Repair and Deduct

Back 72

Tenant may repair defects and deduct costs from rent after notice to landlords and opportunity to cure

Front 73

Constructive Eviction

Back 73

aids a tenant when property becomes suitable for the rental purposes. Applies to residential and commercial property. Tenant may terminate the lease because he has effectively been evicted, no further rent obligation if tenant vacates promptly after giving the landlord reasonable notice and opportunity to correct problem.

Front 74

Fair housing Act

Back 74

Prohibits discrimination

Front 75

Title III of the American with Disabilities Act

Back 75

requires landowners to provide a space for people with disabilites. - Matthews vs. Amberwood Associats limited partnership, Inc.- dog attacked guest

Front 76

Tenants Duties

Back 76

Pay Rent

Duty not to commit waste

Right to exclusive possession and quiet enjoyment

Front 77

Assignment

Back 77

landlord or tenant transfers all rights

Front 78

Sublease

Back 78

tenant transfers to another person to another person some but not all remaining right to possess property

Front 79

Evict

Back 79

Tenant breaches lease landlord has right to remove him. A landlord has no liability for injuries

Front 80

Estate

Back 80

all property owned by that person and estate planning refers to the process of planning for the transfer of a person's estate in later life and at death.

Front 81

will

Back 81

a document executed with specific legal formalities by a testator (person making will) that bears instruction about the way people will transfer at death.

Front 82

Bequest or Legacy

Back 82

a gift of money or other personal property

Front 83

Devise

Back 83

a gift of real property

Front 84

Residuary

Back 84

the estate balance after specific devises and bequests

Front 85

Per Capita

Back 85

distribution people share equally (living children)

Front 86

Per Stripes

Back 86

Surviving descendants divide share his/her deceased parent would have recieved

Front 87

Nuncupative will

Back 87

an oral will

Front 88

Holographic Will

Back 88

Handwritten and signed in the testator's handwritting

Front 89

Codicil

Back 89

amendment of a will

a will is revocable until the moment of the testator's death

wills revoked=physical destruction, crossing out will or creating a writing canceling the will, or doing a new one.

Front 90

Advance Directive

Back 90

directs others how to make healthcare decisions in event of incapacity

Front 91

Living Will

Back 91

Person states intention to forgo or obtain life-prolonging medical procedures

Front 92

Durable Power of Attorney

Back 92

gives another person legal authority to act on one's behalf in case of mental or physical incapacity

Front 93

Durable Power of Attorney for Healthcare

Back 93

limited to health care

Front 94

Uniform simultaneous Death Act

Back 94

when it is difficult to determine which of two persons who would inherit from each other died first, each property is distributed as though he or she survived

Front 95

Probate Process

Back 95

Collects property (probate estate) settles debts and distributed remaining property of descendant to those who inherit by will or intestacy (dies without will)

Front 96

Escheats

Back 96

goes to the state

Front 97

Domiciled

Back 97

Person's Permanent Home