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mrd367m
200
| Question | Answer |
|---|---|
| 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 |
Created by:
mdiaz367
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