question stringlengths 305 11.8k | answer stringlengths 4 380 |
|---|---|
Easements. Easements are nonpossessory rights to use the property of another owner for a stated purpose. Express easements are written and are usually included in a deed or a will. The creation of an express easement is governed by contract law. In contrast to express easements, implied easements can arise over time a... | Covenant |
Various factors bear on the reasonableness of a restraint on alienation. Factors tending to support a finding of reasonableness include:
1. the one imposing the restraint has some interest in land which he is seeking to protect by the enforcement of the restraint;
2. the restraint is limited in duration;
3. the enforc... | there is a judicial reluctance to recognize an affirmative burden to pay money in installments and over an indefinite period as a burden which can be affixed to bind future owners of land |
Generally, a covenant running with the land may only be enforced by the covenantee and its representatives, heirs, devisees, and assignees. See Chevy Chase Village v. Jaggers, 261 Md. 309, 314–15, 275 A.2d 167 (1971). In other words, a covenant that runs with the land may only be enforced by the covenanting parties and... | the power to "sell and convey" is construed to include the power to execute the usual form of deed used to convey realty |
A property owner owes a more limited duty to a licensee, a person who enters upon invitation by the landowner for her own interest, benefit, or convenience. Pearson, 349 S.E.2d at 110. For example, an ordinary social guest is a licensee. Tate v. Rice, 227 Va. 341, 315 S.E.2d 385, 388 (1984). A landowner has the duty to... | recover, because an employee of Auto Company was negligent |
The rules of evidence provide that an item is properly authenticated or identified by “evidence sufficient to support a finding that the matter in question is what its proponent claims.” TEX.R. EVID. 901(a). Testimony that an item is “what it is claimed to be” is sufficient to authenticate it. TEX.R. EVID. 901(b)(1); ... | admissible, because the answering speaker's identification of himself, together with the usual accuracy of the telephone directory and transmission system, furnishes sufficient authentication |
Photographs are generally admissible if they illustrate any fact, shed any light upon an issue in the case, or are relevant to describe the person, thing or place depicted, assuming that their probative value outweighs any prejudicial effect. See State v. Hopkins, 39,730 (La.App.2d Cir.8/17/05), 908 So.2d 1265; State v... | admissible if Jones testifies that it fairly and accurately portrays the condition of the cornfield after the damage was done |
Section 402A provides for strict liability for the seller of a product “in a defective condition unreasonably dangerous to the user or consumer.” Lewis v. Coffing Hoist Div., Duff–Norton Co., 515 Pa. 334, 528 A.2d 590, 592 (1987). A product is defective “when it leaves the supplier's control lacking any element necessa... | recover, because the dishwasher was defectively made |
The ultimate goal of the Equal Protection Clause is “to do away with all governmentally imposed discrimination based on race.” Palmore v. Sidoti, 466 U.S. 429, 432, 104 S.Ct. 1879, 1881–82, 80 L.Ed.2d 421 (1984) (citation and footnote omitted). Therefore, “whenever the government treats any person unequally because of ... | The requirement violates the equal protection of the laws clause of the Fourteenth Amendment. |
The one-person, one-vote requirement applies both to states and to their political subdivisions.6 Local governments are not excused from the rule, for the “actions of local government are the actions of the State. A city, town, or county may no more deny the equal protection of the laws than it may abridge freedom of s... | does not apply, because the actions of such a district principally affect landowners |
To distinguish between vested remainders and contingent remainders, a court must determine whether at the time the instrument takes effect there is “a person who in his own right, or as a part of his estate, would take all of this property if [the life estate] ended now.” If there is such a person, then the remainder i... | vested subject to partial defeasance |
Embezzlement is the “ ‘fraudulent appropriation of property by a person to whom such property has been entrusted or into whose hands it has lawfully come.’ ” Brady v. McAllister (In re Brady), 101 F.3d 1165, 1172–73 (6th Cir.1996) (citing Gribble v. Carlton (In re Carlton), 26 B.R. 202 (Bankr.M.D.Tenn.1982)).
Johnson ... | Embezzlement |
Larceny is “the fraudulent and wrongful taking and carrying away of the property of another with intent to convert the property to the taker's use without the consent of the owner.”16 The difference between these two types of misconduct is that, with embezzlement, the debtor initially acquires the property lawfully whe... | embezzlement |
“When deciding whether the parties agreed to arbitrate a certain matter..., courts generally ... should apply ordinary state-law principles that govern the formation of contracts.” Kaplan, 514 U.S. at 944, 115 S.Ct. 1920. It is black-letter law that “an essential element of any contract is a mutual intent to be bound.”... | Although Brown knew that the debt was not owed, Green honestly was in doubt whether it was owed. |
“The Supremacy Clause, U.S. Const., Art. VI, cl. 2, invalidates state laws that ‘interfere with, or are contrary to,’ federal law.” Qwest Corp. v. Minn. Pub. Utils. Comm'n, 684 F.3d 721, 726 (8th Cir.2012) (citations omitted). The Supremacy Clause comes into play where, among other situations, “there is an actual conf... | The treaties and immigration laws of the United States |
The dormant Commerce Clause applies equally to state and local laws. C & A Carbone, Inc. v. Clarkstown, 511 U.S. 383, 389, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994). When applying the dormant Commerce Clause to a particular local law, “the first step * * * is to determine whether [the law] regulates evenhandedly with only... | The statute will help protect the workers of the State of Yuma from competition by foreign workers. |
The Full Faith and Credit Clause of the United States Constitution mandates that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Full faith and credit means that the judgment of a state court should have the same credit, validity, and effect... | The United States Supreme Court may not properly review that decision. |
The Tenants in Common agree that any Tenant in Common (and any of his successors-in-interest) shall have the right at any time to file a complaint or institute any proceeding at law or in equity to have the Property partitioned in accordance with and to the extent provided by applicable law. The Tenants in Common ackno... | partition into two separate 5-foot wide strips and an indenture granting cross easements |
Mere knowledge by the parent of a child's mischievous and reckless, heedless or vicious disposition is not of itself sufficient to impose liability with respect to torts of a child. See Bieker v. Owens, 234 Ark. 97, 350 S.W.2d 522, 525 (1961); Dinsmore–Poff v. Alvord, 972 P.2d 978, 981, 986 (Alaska 1999). Specifically,... | she was negligent |
Implied-in-fact contract
An implied-in-fact contract is formed when parties’ promises are inferred from their intentional conduct and one party knows or at least has reason to know the other party will interpret the conduct as assent or an agreement. For instance, if a customer accepts services from a merchant or gets ... | When" and "Wouldn't that be nice" implied a promise to type the manuscript. |
Assuming, that the receipt of a quitclaim deed precludes the grantee from showing himself a bona fide purchaser, this rule does not extend to one who holds directly by deed of bargain and sale, but has a quitclaim in his chain of title; and, as the rule is a highly technical one, it will not be applied to such a case, ... | The outcome will turn on the view taken as to whether Crider paid value within the meaning of the statute requiring this element. |
Under the doctrine of transferred intent, if a defendant shoots at one person, with the intent to kill, but kills an unintended victim, he may be convicted of the crime of murder for the death of the unintended victim.
nan
Davis decided to kill Adams. He set out for Adams' house. Before he got there he saw Brooks, wh... | Brooks only |
“[i]n general intent crimes, ... a defendant may interpose a mistake of fact defense if the defendant proves ‘to the satisfaction of the fact finder that the mistake was both (1) honest and (2) reasonable.’
nan
A state statute requires any person licensed to sell prescription drugs to file with the State Board of Hea... | not guilty, because he was not aware of the value of the drugs he had sold |
Under Texas Penal Code Section 9.33, a person is justified in using force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified in using force to protect himself against the unlawful force he reasonably believes to be threaten... | No, if it was apparent that Lender was about to inflict serious bodily harm upon Borrower. |
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony. This section does not apply to a witness's expert opinion testimony under Section 703.
... | may permit Don to answer, whether or not he had objected to Peter's testimony |
Under Supreme Court precedent, “the dormant Commerce Clause precludes States from ‘discriminat[ing] between transactions on the basis of some interstate element.’ ” Id. (alteration in original) (quoting Boston Stock Exch. v. State Tax Comm'n, 429 U.S. 318, 332 n. 12, 97 S.Ct. 599, 50 L.Ed.2d 514 (1977)). Here, “ ‘discr... | unconstitutional as an undue burden on interstate commerce |
The Equal Protection Clause of the Fourteenth Amendment requires that “all persons similarly situated shall be treated alike” under the law. Plyler v. Doe, 457 U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982); Wood v. State, 18 S.W.3d 642, 651 (Tex.Crim.App.2000). Broadly speaking, this means that “States must treat lik... | unconstitutional as a denial of equal protection |
“[F]ederal jurisdiction demands not only a contested federal issue, *1010 but a substantial one, indicating a serious federal interest in claiming the advantages thought to be inherent in a federal forum.” Singh, 538 F.3d at 338.
The State of Aurora requires licenses of persons "who are engaged in the trade of barberi... | decided on the merits, because a federal question is involved |
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Section 1, commands that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause does not prevent all classification, however. It simply forbids laws that treat p... | The equal protection clause of the Fourteenth Amendment |
Voluntary manslaughter is an unlawful killing done without malice, in the heat of passion, or in unreasonable belief in the necessity of self-defense.
nan
John was fired from his job. Too proud to apply for unemployment benefits, he used his savings to feed his family. When one of his children became ill, he did not ... | involuntary manslaughter |
To establish assault, the following elements must be proved: (1) the defendant acted either with the intent of making a contact with the person of the plaintiff or with the intent of putting the plaintiff in apprehension of such a contact; (2) the plaintiff was placed in apprehension of an imminent contact with his or ... | assault |
“Vicarious liability ‘means that the act or omission of one person ... is imputed by operation of law to another,’ ” without regard to fault. (Srithong v. Total Investment Co. (1994) 23 Cal.App.4th 721, 726, 28 Cal.Rptr.2d 672, italics added.) For example, vicarious liability for torts is imposed by operation of law up... | No, because Merrill did not authorize the car wash as a class project. |
“To constitute adverse possession, the possession must be continuous, hostile, open, actual, notorious and exclusive for ... [the required] statutory period.” Davis v. Monteith, 289 S.C. 176, 180, 345 S.E.2d 724, 726 (1986).
nan
Oxnard owned Goldacre, a tract of land, in fee simple. At a time when Goldacre was in the... | lose, because his user was with permission |
Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person's words or actions.
A brother and sister, Bruce and Sharon, ... | Sharon's conduct during Bruce's lifetime estops her from asserting title to the northerly half of Greenacre |
An oral modification of a contract subject to the statute of frauds is never permitted when it would materially alter the parties' written agreement.53 “Were it possible to make an oral modification of a contract which by the statute of frauds is required to be in writing and enforce such oral modification, the door wo... | the Statute of Frauds prevents the proof of Sharon's oral agreement |
the privilege applies to all circumstances in which a physician or psychologist is called on to give testimony or produce records concerning information that was acquired from a patient, regardless of whether the information will be used against the patient.
nan
Mary Webb, a physician, called as a witness by the defe... | The assertion of a privilege by Zadok's attorney, present at the trial as a spectator at Zadok 's request, and allowed by the trial judge to speak |
A party is permitted to ask leading questions on direct examination when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, and there is no limit on the number of leading questions the party may ask.
nan
A leading question is LEAST likely to be permitted over objection w... | asked on direct examination of a disinterested eyewitness |
Our analysis of these issues begins by noting that, at common law, there is no general duty to rescue. See W. Page Keeton et al., Prosser & Keeton on Torts § 56 at 375 (5th ed. 1984) (“[T]he law has persistently refused to impose on a stranger the moral obligation of common humanity to go to the aid of another human be... | No, if Passer did not, in any way, make Tom's situation worse. |
In order to sustain a claim for negligence, a plaintiff must be able to establish “(1) a legal duty; (2) a breach of this duty; (3) an injury; and (4) a causal connection between the breach and the injury.” Persinger v. Step By Step Infant Dev. Ctr., 253 Ga. App. 768, 769, 560 S.E.2d 333 (2002) (quoting Vaughan v. Glym... | Yes, because Traveler was negligent in going off the road. |
Proximate cause is the cause that in a natural and continuous sequence, unbroken by any superseding cause, both produced the injury and was necessary for the injury. The injury must be the natural and probable consequence of the wrongful act. Individuals are not responsible for all possible consequences arising from th... | prevail, because by leaving the ladder Roofer created the risk that a person might unlawfully enter the house |
Conversely, a person who enters the premises of another by permission or acquiescence, for his own pleasure or benefit, and not by invitation, is a licensee. A licensee takes his license subject to its attendant perils and risks. The licensor is not liable for ordinary negligence and owes the licensee no duty except to... | licensee |
A material breach of contract “is a non-performance of a duty that is so material and important as to justify the injured party in regarding the whole transaction as at an end.” *6 Jenkins, Inc. v. Walsh Bros., Inc., 2001 ME 98, ¶ 13, 776 A.2d 1229, 1234 (quotation marks omitted); see also Forrest Assocs. v. Passamaquo... | Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perform. |
Like merger, ratification is an affirmative defense. Land Title Co. of Dall., Inc. v. F.M. Stigler, Inc., 609 S.W.2d 754, 756 (Tex.1980). It is “the adoption or confirmation by a person, with knowledge of all material facts, of a prior act which did not then legally bind that person and which that person had the right ... | Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all. |
Parol, or extrinsic, evidence is only admissible if the terms of the contract are ambiguous, and can only be used to interpret, not contradict, the express language of the contract. Lincoln Elec. Co., 210 F.3d at 684. If the language of a contract “is clear and unambiguous ... there is no issue of fact to be determined... | Weston had been out of town the whole week of July 4-10 |
In a medical malpractice case, the relevant standard of care is that of a reasonably careful physician acting as a specialist in the same field of practice. See Short v. Kinkade, 685 P.2d 210 (Colo.App.1983); see also CJI–Civ. 4th 15:3 (2001). To determine whether the applicable standard of care has been violated, the ... | can rely on the application of the jurors' common knowledge as to whether there was a breach |
Because an attorney's negligence is imputed to his client, Hatami–Miri is unable to establish “cause” for his procedural default. See Lee v. INS, 685 F.2d 343 (9th Cir.1982) (dismissing a petition for review from the BIA as untimely where petitioners did not receive timely notice of the BIA's decision because their att... | would have, but for her lawyers' negligence, recovered from Motorist |
For a first-degree murder conviction, the prosecution must show (1) the defendant caused the death of the victim, (2) with malice aforethought, and (3) with premeditation. See United States v. Wood, 207 F.3d 1222, 1228 (10th Cir. 2000); Tenth Circuit Criminal Pattern Jury Instruction 2.52 (Feb. 2018 update). The “malic... | Angered over having been struck by Sam, Defendant buys rat poison and puts it in Sam's coffee. Sam drinks the coffee and dies as a result. |
“Appellant's defense that he believed the [automobile] abandoned is essentially a defense of mistake of fact,” and “[i]n general intent crimes, ... a defendant may interpose a mistake of fact defense if the defendant proves ‘to the satisfaction of the fact finder that the mistake was both (1) honest and (2) reasonable.... | not guilty if the jury finds she honestly believed the signs had been abandoned |
“The amount of force that an individual may use to protect himself must be proportionate to the urgency of the situation. When a person uses more force than is reasonably necessary under the circumstances, the right of self-defense is extinguished.” Hall, 166 N.E.3d at 414 (quoting Pinkston v. State, 821 N.E.2d 830, 8... | not guilty, because Howard attacked Ted with a deadly weapon |
The Restatement provides: “If injustice can be avoided only by establishment of a servitude, the owner or occupier of land is estopped to deny the existence of a servitude burdening the land when:
“(1) the owner or occupier permitted another to use that land under circumstances in which it was reasonable to foresee tha... | Sarah has an equitable servitude concerning the use of the tract |
In Texas, a covenant runs with the land when four requirements are met: (1) it touches and concerns the land; (2) it relates to a thing in existence or specifically binds the parties and their assigns; (3) it is intended by the original parties to run with the land; and (4) the successor to the burden has notice. In re... | Sarah. because the restrictive covenant in her deed runs with the land |
Dedication may be broadly defined as the giving of land to public use with the intention that it be accepted and used for such public use.
Dedication requires the express word or act of the owner. For example, fencing a road in a manner suitable for a highway and permitting the public to use it might constitute a dedi... | the school board, because there has been a dedication and acceptance of the tract |
Either a sale of land or a rescission of an executory contract for the sale of land would be within the statute of frauds and would require some evidence in writing to sustain it. Statute of Frauds, S.H.A. ch. 59, § 1.
On March 1, Zeller orally agreed to sell his land, Homestead, to Byer for $46,000 to be paid on Marc... | Neither I nor II |
“A fully integrated agreement is a statement which the parties have adopted as a complete and exclusive expression of their agreement.” Starr v. Fordham, 420 Mass. 178, 188 n. 8, 648 N.E.2d 1261 (1995), citing Restatement (Second) of Contracts § 210(1) (1981). Such an agreement discharges prior agreements to the extent... | Whether the Byer-Zeller agreement was completely integrated |
Statute of frauds prohibits a party from asserting an oral agreement pertaining to an interest in land in an effort to defeat a judgment entered pursuant to a written contract. R.C. § 1335.05.
On March 1, Zeller orally agreed to sell his land, Homestead, to Byer for $46,000 to be paid on March 31. Byer orally agreed t... | On March 5, before Quincy was aware of the oral agreement between Zeller and Byer, Zeller agreed with Byer not to pay any part of the purchase price to Quincy. |
A writing is not a contract when it fails to express that on which the minds of the parties met, and courts freely exercise the power to correct mistakes when the proof leaves no doubt that the real contract was something else.
Mistakes involving contracts can be made in the formation, integration, or performance of a ... | there was a mistake in integration |
Whether an activity is ultra-hazardous—thereby subjecting the actor to strict liability—is a question of law for a court to decide. See King v. United States, 53 F.Supp.2d 1056, 1076 (D.Colo.1999), rev'd in part on other grounds, 301 F.3d 1270 (10th Cir.2002). In making such a determination, I look to the factors outli... | liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in a hazardous activity |
In tort negligence lawsuits, foreseeability asks whether a person could or should reasonably have foreseen the harms that resulted from their actions. If resulting harms were not foreseeable, a defendant might successfully prove that they were not liable. However, even if a defendant could not have foreseen the scale o... | he could not reasonably foresee that the tree would fall |
“Vicarious liability ‘means that the act or omission of one person ... is imputed by operation of law to another,’ ” without regard to fault. (Srithong v. Total Investment Co. (1994) 23 Cal.App.4th 721, 726, 28 Cal.Rptr.2d 672, italics added.)
House owns his home in City. On the lawn in front of his home and within fi... | Yes, if the judgment against House was based on vicarious liability. |
"No State shall . . pass . . . any law impairing the
obligation of contracts."
This provision of Article I, Section io of the United States
Constitution, is a direct prohibition on the enactment of state
laws that have a retroactive effect to impair the obligations and
rights arising under contracts entered into prior ... | invalid because of the constitutional prohibition against impairment of contracts |
although the breadth of Congress's power to tax is greater than its power to regulate commerce, the taxing power does not give Congress the same degree of control over individual behavior. Once we recognize that Congress may regulate a particular decision under the Commerce Clause, the Federal Government can bring its ... | power to tax and spend for the general welfare |
A recorded deed raises a presumption that it is valid and effective. Resolution Trust Corp. v. Hardisty, 269 Ill.App.3d 613, 619, 207 Ill.Dec. 62, 646 N.E.2d 628 (1995). In order to rebut the presumption of validity, the party challenging the deed's validity must present clear and convincing evidence that the deed is n... | fail, because the Water District's plan is within its rights |
Although an owner has an “important property right” to “have reasonable access for ingress and egress,” Shearer, 174 N.H. at 34, 259 A.3d 818, that right must be balanced against the property rights of persons who own the land underneath the discontinued highway. See id. at 30, 259 A.3d 818 (explaining that when a publ... | fail, because the Water District acted within its rights |
Whether or not Congress understood ‘future interests‘ in the sense of all the technical niceties familiar to property lawyers, the minor children in the case at bar took ‘future interests‘ in a commonly understood meaning of the term. As pointed out in comment e, Sec. 153, American Law Institute Restatement of Propert... | Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution. |
“Robbery” is the felonious taking of any article of value, in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
nan
In which of the following cases is a conviction of the named defendant for robbery LEAST likely to be upheld? | Hayes unbuttoned the vest of a man too drunk to notice and removed his wallet. A minute later, the victim missed his wallet and accused Hayes of taking it. Hayes pretended to be insulted, slapped the victim, and went off with the wallet. |
Common law burglary is defined as the breaking and entering of a dwelling house of another in the nighttime with the intent to commit a felony therein. State v. Cooper, 288 N.C. 496, 219 S.E.2d 45 (1975). Burglary in the first degree occurs when the crime is committed while the dwelling house or sleeping apartment is a... | there was no intent to commit a felony |
Under the Pinkerton doctrine, which, as of the date of our decision in Walton, was a recognized part of federal criminal conspiracy jurisprudence ... a conspirator may be held liable for criminal offenses committed by a coconspirator that are within the scope of the conspiracy, are in furtherance of it, and are reasona... | they did not intend to commit burglary |
The essential test for admissibility of an excited utterance is whether it was made under such circumstances as to indicate it is trustworthy. State v. Kemp, 212 S.W.3d 135, 146 (Mo. banc 2007). The statement must be made under the immediate and uncontrolled domination of the senses as a result of the shock produced by... | admissible as a statement by Wood regarding a condition he observed, made while he was observing it |
Impeachment evidence is evidence “having the potential to alter the jury's assessment of the credibility of a significant prosecution witness.” United States v. Avellino, 136 F.3d 249, 255 (2d Cir.1998). We agree with the District Court that the trial evidence makes clear that “
Penn sues Duke's Bar for injuries suffe... | It is admissible for impeachment and as substantive evidence that Chase was sober. |
The general rule is that evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct. However, such evidence is admissible when offered for another purpose such as proving ownership, authority, knowledge, control, or feasibility of precautionary measures, or for attacking credibil... | inadmissible, because its admission would discourage the taking of such remedial measures |
A statement by a party-opponent is an admission and admissible as an exception to the hearsay rule if it meets the following requirements: (1) a conscious or voluntary acknowledgment by a party-opponent of the existence of certain facts; (2) the matter acknowledged must be relevant to the cause of the party offering th... | admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar |
This court has held that there are four foundational requirements which must be met before the State may offer into evidence the results of a breath test:
“(1) That the testing device or equipment was in proper working order at the time of conducting the test; (2) That the person giving and interpreting the test was pr... | She had heard the same voice on a similar tape recording identified to her by Daly 's brother. |
Although it is permissible to establish by parol that a deed absolute on its face was intended as a mortgage, yet, when the parties themselves put into writing the means by which the effect of the deed may be obviated, and the title returned to the grantor therein, whose writings supersede any oral understanding, unles... | the agency implied to complete the deed cannot be restricted by the oral understanding |
under the clean hands doctrine, anyone that comes before “a court of equity ... must do equity as a condition of recovery.” Galloway v. Inglis, 138 Miss. 350, 359, 103 So. 147, 149 (1925); see also Billy G. Bridges & James W. Shelson, GRIFFITH MISSISSIPPI CHANCERY PRACTICE §§ 42–43 (2000 ed.). This doctrine, in effect,... | as between Devlin and a bona fide purchaser, Devlin is estopped |
The standard of care owed by hotel to an occupant of a hotel room is reasonable care; a hotel also has a duty to implement reasonable inspection procedures in order to protect its guests.
nan
Ohner owns the Acme Hotel. When the International Order of Badgers came to town for its convention, its members rented 400 of ... | No, if the trier of fact determines that the hotel employees had taken reasonable precautions to prevent such an injury. |
To recover on a claim of strict liability for injury by a dangerous domesticated animal, a plaintiff must prove: (1) the defendant was the owner or possessor of the animal; (2) the animal had dangerous propensities abnormal to its class; (3) the defendant knew or had reason to know the animal had dangerous propensities... | recover, because the skunk was not a domesticated animal |
In order to sustain a claim for negligence, a plaintiff must be able to establish “(1) a legal duty; (2) a breach of this duty; (3) an injury; and (4) a causal connection between the breach and the injury.” Persinger v. Step By Step Infant Dev. Ctr., 253 Ga. App. 768, 769, 560 S.E.2d 333 (2002) (quoting Vaughan v. Glym... | recover on the ground of negligence |
the essential elements of a contract are (1) competent parties, (2) subject matter, (3) legal consideration, (4) mutual agreement, (5) and mutual obligations.3 Consideration is any benefit conferred or agreed to be conferred upon the promisor to which he is not lawfully entitled, or any prejudice suffered or agreed to ... | Lack of consideration |
Consideration is “some right, interest, profit or benefit or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” Homestyle Direct, LLC v. DHS, 354 Or. 253, 262, 311 P.3d 487 (2013); see also Restatement (Second) of Contracts § 71(2) (1981) (defining “consideration” as a perf... | Both I and II |
“[t]he four elements of a novation, which the party establishing the defense must prove by a preponderance of the evidence, are: ‘[1] a previous, valid obligation; [2] a subsequent agreement of all the parties to the new contract; [3] the extinguishment of the old contract; and [4] the validity of the new contract.’ ” ... | Neither I nor II nor III |
“It is a well-established principle that a valid contract requires ‘competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.’ ” Voccola v. Forte, 139 A.3d 404, 414 (R.I. 2016) (quoting DeLuca v. City of Cranston, 22 A.3d 382, 384 (R.I. 2011) (mem.)). “[C]onsideratio... | Yes, because Charles's promise was supported by a bargained-for exchange. |
an administrator who within the year allowed by statute pays a creditor's claim in full, acting upon the honest belief that the estate is solvent, may, upon the estate proving actually insolvent, recover back the difference between the amount so paid and the pro rata share which the creditor would have been entitled to... | No, because Charles honestly believed that Dodge did not have a legal right against him for the $200. |
“Equal protection under the law requires that no person or class of persons be denied the protection afforded by the law to other persons or classes in like circumstances. * * * The Equal Protection Clause does not prevent all classification, however. It simply forbids laws that treat persons differently when they are... | Segregation is furthered by the distribution of textbooks to these students. |
Under the test developed in Lemon v. Kurtzman, government action survives an Establishment Clause challenge if (1) it has “a secular legislative purpose,” (2) its “principal or primary” effect “neither advances nor inhibits religion,” and (3) it does “not foster an excessive government entanglement with religion.” Lemo... | The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state. |
A battery is the “unpermitted application of trauma by one person upon the body of another person.” McQuiggan v. Boy Scouts of America, 73 Md.App. 705, 714, 536 A.2d 137 (1988) (citation omitted). Accord, Saba v. Darling, 72 Md.App. 487, 491, 531 A.2d 696 (1987), aff'd, 320 Md. 45, 575 A.2d 1240 (1990). Accidental or ... | Defendant was suffering from an epileptic seizure and had no control over his motions. |
To support their claim of private nuisance, plaintiffs were required to show that (1) defendants interfered with the use or enjoyment of their property rights and privileges; (2) defendants' invasion of those property interests caused plaintiffs significant harm; and (3) the invasion was either intentional and unreason... | Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility. |
industry customs and usage are relevant though not conclusive evidence on the question of product liability. We adhere to the principle that evidence of industry custom or usage, and evidence of compliance with applicable regulations, is relevant to whether the manufacturer was negligent or whether the product poses an... | No, because Utility was not negligent. |
Expert opinion may touch on issues within a layperson's knowledge while providing specialized context for understanding how to connect the dots, to utilize that knowledge within a medical field otherwise foreign to the jury, and to understand how these assumptions may or may not translate to that area of expertise. Fed... | admissible as a response to a hypothetical question |
Because the requirements for proper medical diagnosis and treatment ordinarily are not within the common knowledge of laypersons, a former patient who wishes to pursue a medical malpractice action generally must present expert testimony to the trier of fact. Dimmock v. Lawrence & Memorial Hospital, Inc., 286 Conn. 789,... | admissible if such reports are reasonably relied upon in medical practice |
A collateral matter is evidence solely affecting the credibility of a witness. While questioned about a collateral matter, the party cross examining the witness is bound by the witness's answer to matters solely affecting credibility.
Phillips purchased a suit of thermal underwear manufactured by Makorp from synthetic... | overruled, because the payroll records relate to a collateral matter |
Warrantless searches incident to arrest are justified based on “interests in officer safety and evidence preservation that are typically implicated in arrest situations.” Arizona v. Gant, 556 U.S. 332, 338, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009). “[A] search incident to arrest may only include ‘the arrestee's person an... | denied, because the search was incident to a valid custodial arrest |
For there to be a voluntary waiver of Miranda rights, the State must demonstrate: “1) that the waiver was the result of a free choice on the part of the defendant and not the product of intimidation, coercion, or deception; and 2) the waiver was made with a full awareness of the nature of the right being abandoned and ... | denied, because the statements were volunteered and not the result of interrogation |
A property right exists where state or local laws, charters, ordinances, policies, contracts, or agreements provide that the employee will only be disciplined or dismissed for “cause,” “just cause,” “proper cause,” “sufficient cause,” or some similar language. Without an express grant of a property interest, even publi... | He leased a home in reliance on an oral promise of reemployment by the college president. |
Rebuttal evidence is proper when it directly or indirectly explains, counteracts, repels, or disproves a defendant's evidence.
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law he cannot acquire tenure until after f... | Barnes worked at the college for less than five years. |
It is the Property Clause, for instance, that provides *540 the basis for governing the Territories of the United States. Hooven & Allison Co. v. Evatt, 324 U.S. 2, 673-674, 65 S.Ct. 870, 880-81, 89 L.Ed. 1252 (1945); Balzac v. Porto Rico, 258 U.S. 298, 305, 42 S.Ct. 343, 345, 66 L.Ed. 627 (1922); Dorr v. United States... | constitutional, because Congress has authority to make regulations respecting federal property |
If a remainder interest is in an ascertainable person, and no condition precedent exists other than the termination of prior estates, then it is a vested remainder.
nan
By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should... | even if the provisions against sale or mortgage by the grandchildren are void, the remainders to grandchildren are otherwise valid and will be given effect |
The part -performance exception to the Statute of Frauds is a matter in avoidance of the affirmative defense of the Statute of Frauds, and, therefore, once a party makes a prima facie showing that a contract meets the criteria of the provision containing such exception, the opposing party bears the burden of proving th... | the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed |
A tenancy by the entirety is available only to husband and wife and is essentially a joint tenancy modified by the common law theory that a husband and wife are one person. Survivorship is the predominant and distinguishing feature of both a joint tenancy and a tenancy by the entirety. Dorf v. Tuscarora Pipe Line Co., ... | granted, because the estate created by the deed was not a tenancy by the entirety |
The last clear chance doctrine, which doctrine is a plaintiff's defense to a defendant's allegation that the plaintiff was contributorily negligent, contemplates two or more parties who are both negligent, but one is in helpless peril unable to avoid the imminent danger; the doctrine imposes liability on the party who ... | Yes, if Sand could have effectively secured the chute at moderate cost. |
The “ordinary care” standard is generally defined as that which an ordinarily prudent person, exercising ordinary care, would have done under the same circumstances.
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was ... | she used reasonable care in the maintenance of her brakes |
the essential elements of negligent inspection are the same as general negligence, i.e., the existence of a legal duty, breach of that duty, damages, and a causal connection between the defendant's conduct and the plaintiff's injury.
Sand Company operated an installation for distributing sand and gravel. The installat... | Yes, if Garage was negligent in inspecting Commuter's brakes. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.