commercial builder be bound by a residential-use restriction if - correct answer(1) grantor had common scheme (2) unrestricted lot holders had notice (majority rule)
reqs for burden of equitable servitude - correct answerintent, notice, touch and concern
render title unmarketable - correct an...
commercial builder be bound by a residential-use restriction if - correct answer(1) grantor had common
scheme (2) unrestricted lot holders had notice (majority rule)
reqs for burden of equitable servitude - correct answerintent, notice, touch and concern
render title unmarketable - correct answer(1) defects in record chain of title (adverse posession) (2)
encumbrances (mortgages, liens, easements, restrictive covenants) (3) zoning violations
f the buyer of land determines that the seller's title is unmarketable, the buyer - correct answermust
notify the seller that title is unmarketable and give the seller reasonable time to cure the defects
Which of the following is true when a seller of land breaches the implied covenant of marketable title? -
correct answerclosing date extended and allow seller time to cure
To have the power to accept, the offeree must have - correct answerknowledge of the offer
Mailbox Rule - correct answerA rule providing that an acceptance of an offer becomes effective on
dispatch.
Exceptions to Mailbox Rule - correct answerOffer stipulates that acceptance ONLY when received.
Option K: an acceptance under option K is effective only on reciept
offeree sends a rejection and then sends an acceptance in which case whichever arrives first is effective
the offeree sends an acceptance and then a rejetion in which case th acceptance is effective UNLESS the
rejection arrives first and the offeror detrimentally relies on it
,indirect revocation of an offer - correct answerofferee recieves (1) correction info (2) from a reliable
source (3) of acts of the offeror that would indicate to a reasonable person that the offeror no longer
wishes to make the offer
notes about promises - correct answerpromises make gifts in the future are unenforcable even if
intended by the promisor to be enforceable and are in writing
promissory estoppel - correct answerwhere there is substantial detrimental reliance by a party on a
promise of the promisor, the promise will be enforceable even absent consideration
promises to pay debts - correct answerKs in which one party promises to pay the debt of another, must
be in writing
illusory promise - correct answerno consideration on either side of the K
unilateral k - correct answerone seeking performance rather than a promise to perform
offer is made and acceptance can only occur by performance (think reward offers, etc)
once performance begins, offeror cannot revoke offer, but mere preparation is not enough
does not terminate if offeror dies also remember, you only use reliance if there is an ABSENCE of
consideration (but like if the younger brother gives up something the right they have to do, then that is
adequate consideration)
when are additional terms in a K acceptable - correct answer, an acceptance containing additional or
different terms is effective unless the offeree expressly makes his acceptance conditional on assent by
the offeror to the additional terms
Conditional Acceptance - correct answerturns into rejection + counter offer -- acceptance of an offer
contingent upon the acceptance of an additional or different term
,order for prompt shipment of goods under UCC - correct answeran order for "prompt shipment" may be
accepted by shipment of either conforming or nonconforming goods, and a contract is created upon
such shipment. The association may reject the nonconforming shipment [UCC §2-601] and sue for
damages. It may also, if it wishes, accept the shipment [UCC §2-601], notify the seller of the breach [UCC
§2-607(3)], pay the contract price [UCC §2-607(1)], and seek damages even after accepting the
nonconforming goods [UCC §2-7l4]
Buyer's Cover (if buyer rejects goods and goes and buys goods to cover from alt seller - correct answerby
making a reasonable purchase of substitute goods, and then may recover as damages the difference
between the contract price and the "cover" price of buying conforming goods
when do rights of a third party beneficiary vest? - correct answer(i) it manifests assent in a manner
invited or requested by the parties; (ii) it learns of the contract and detrimentally relies on it (then the
interests of justice relies on it); or (iii) it brings a lawsuit to enforce its rights. Until a third party's rights
have vested, a modification of the contract can take place without the consent of the third party.
remember learning of the K is not enough they have to learn and agree, learn + rely, learn + sue
assignment by creditor - correct answerA creditor's right to receive money due from a debtor is a right
that can be assigned, regardless of whether the debt is evidenced by a writing or consideration. can be
revoked, but look for foreseeable detrimental reliance
novation - correct answera new contract substitutes a new party to receive benefits and assume duties
that had originally belonged to one of the original parties under the terms of the old contract
A conspirator can be convicted of a crime committed by another conspirator - correct answerif the
crimes were committed in furtherance of the objectives of the conspiracy AND the crimes were
foreseeable.
To be convicted of a conspiracy at common law, (bilateral approach) - correct answermust be shown
that at least two persons agreed to achieve an unlawful objective.
Conspiracy requires - correct answer(i) an agreement between two or more persons; (ii) the intent to
enter into the agreement; and (iii) the intent to achieve the objective of the agreement. Most states also
require an overt act in furtherance of the conspiracy.
, each member of a conspiracy is liable for the crimes of all other conspirators if: - correct answer(i) such
crimes were committed in furtherance of the objectives of the conspiracy; and (ii) such crimes were a
natural and probable consequence of the conspiracy
A conspirator may limit his liability for subsequent acts of the other members of the conspiracy if -
correct answery if he withdraws from the conspiracy by performing an affirmative act that notifies all
members of the conspiracy in time for them to have the opportunity to abandon their plans.
Malice - correct answeris established by showing that the defendant recklessly disregarded an obvious
or high risk that a particular harmful result would occur.
Negligence (crim law state of mind) - correct answeris established by showing that the defendant failed
to be aware of a substantial and unjustifiable risk that circumstances existed or a result would follow,
and such failure constituted a substantial deviation from the standard of care that a reasonable person
would exercise under the circumstances.
Specific Intent Crimes - correct answersolicitation, conspiracy, attempt, first degree murder, assault,
larceny, embezzlement, false pretenses, robbery, burglary, forgery
recklessly (crim) - correct answerconsciously disregards a substantial and unjustifiable risk
purposefully - correct answerwhen it is his conscious object to engage in certain conduct or cause a
certain result.
knowingly - correct answeraware that his conduct is of that nature or that certain circumstances exist.
on cross examiation, allowed to ask about - correct answerscope of direct + questions on credibility
Contract Clause - correct answerlimits the ability of states to enact laws that substantially impair
contract rights (i.e., destroy most or all of a party's rights under an existing contract). [ONLY STATE LAWS
THAT INVALIDATE ALREADY EXISTING CONTRACTS-- PROHIBITS STATES FROM RETROACTIVELY AND
SUBSTANTIALLY IMPAIRING K RIGHTS]
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