8 May 2019. (16) Which of the following practices is not prohibited under the 14th amendment to the United States Constitution: (d) State enforcement of laws which prohibit racial discrimination in housing. (b) Thomas is a member of the National Guard and has been called to active duty overseas. The Birches Lodge brings suit, claiming its property had been taken without just compensation in violation of the 5th amendment. Unlock to view answer. (c) A use of land affecting a definite small number of persons in the enjoyment of private rights not common to the public. Which of the following choices best represents the approach Justice Jasen would have taken in deciding the case? (20) Justice O'Connor wrote a dissent in Kelo v. City of New London, joined by three other Justices. (18) According to the court in Spur v. Del E Webb Development Co., which of the following choices would not be held to constitute a public nuisance? Learn vocabulary, terms, and more with flashcards, games, and other study tools. Professor Diamond was the TA for my LAW 402B and LAW 402A classes as well as my preceptor for the discussion sections. (b) The State will prevail because it has not exceeded its constitutional powers by deciding upon the destruction of one class of property without compensation in order to save another which, in the judgment of the legislature, is of greater value to the public. The defendant doctor said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand. (23) Which of the following would Justice Scalia hold to be an unconstitutional taking? 33 Page. (11) Able and Charles were business partners who owned a hardware store as joint tenants with a right of survivorship. Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. (28) According to the court in Foundation Development Corporation v. Loehmann's Inc. at common law, which of the following choices best describes tenant's obligation to avoid termination for breach of a lease covenant to pay rent? (28) The court in Foundation Development Corporation v. Loehmann's Inc. refused to hold that the Arizona legislature intended to permit forfeitures of the leasehold premises under any and all circumstances, no matter how trivial, inadvertent, non-prejudicial or technical the breach, in enacting legislation that gave the landlord the right to "re-enter and take possession, or commence an action for recovery of possession of the premises". a. (23) According to Justice Scalia's opinion for the Court in Lucas, which of the following will likely be considered a "total taking" requiring payment of just compensation? (10) According to the majority decision of the Supreme Court of New Hampshire, there was ample evidence to find that Financial Development Corporation: (d) Acted in good faith but failed to exercise due diligence in its efforts to obtain a fair price for the Murphy's property. California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. (d) Able holds one-half of the property and the other one-half should go to Charles' heirs. (c) The owner of a lakefront lot is barred by the state from erecting any permanent habitable structures on his parcel while neighbors have built homes on both sides of his lot. Part 1 -Fundamentals of Refrigeration Refrigeration Manual. L. Rev. (b) The assumption of landlord-tenant law, derived from feudal property law, that a lease primarily conveyed to the tenant an interest in land was reasonable in a rural, agrarian society and continues to be reasonable in leases involving farming or commercial land and in the case of the modern apartment dweller. (21) Which of the following legislative acts would be approved under the Supreme Court's holding in Pennsylvania Coal Co. v. Mahon? c) Circuit Court of Appeals in Javins v. First National Realty Company, the finder of fact in a trial involving a tenant's defense of a breach of the warranty of habitability for non-payment of rent must make two findings: (1) whether the alleged violations existed during the period for which past due rent is claimed, and (2) what portion, if any or all, of the tenant's obligation to pay rent was suspended by the landlord's breach. The American Common Law System I is one of two courses which conveys what is distinctive about the common law approach as a legal methodology and as a reflection and commentary on the history and politics of the American experience, from the early colonial period to the 21st century world of globalized commerce, human rights concerns and environmental and social justice. Justice Brandeis would compare it with the value not of the coal alone, but with the value of the whole property. (18) Which of the following policies does the court in Prah v. Maretti consider reflecting factual circumstances and social priorities that are now obsolete and therefore should no longer be relied upon by courts in refusing to provide broader protection for a landowner's access to sunlight for the purpose of using solar power as a natural source of energy? c) Question of LAW goes to the judge 2. The nephew gave up his legal rights at the request of his uncle. PRODUCT LIABILITY LAW, see notes 139-57 and accompanying text infra. U OF A LAW 402A Robert Williams Fall. Verdict for the plaintiff. Section 301 of the Business Corporate Law offers guidance on the allowed descriptors for your corporation in the State of New York. (17) The court in Boomer v. Atlantic Cement Company denied a permanent injunction to the homeowner plaintiffs affected by the operation of the cement plant. The application of the Restatement (Second) of Torts, section 402A in Dippel was a landmark decision, in that it established strict liability law in Wisconsin for the first time. (d) A majority of jurisdictions subscribe to the rule that a lease provision requiring the landlord's consent to an assignment or sublease permits the landlord to refuse arbitrarily or unreasonably. Class note uploaded on Apr 8, 2019. Thornton v. Hay, the trial court found that the public had acquired, over the years, an easement for recreational purposes to go upon and enjoy the dry-sand area, and that this easement was "appurtenant" to the wet-sand portion of the beach. Business Torts Business torts, also called "economic torts," are wrongful acts committed against business entities -- often intentional but sometimes due to negligence or recklessness -- that cause (or are likely to cause in the future) some kind of financial loss. Which of the following choices was not cited by the court as a reason for refusing to permit a forfeiture of a lease for a trivial breach? LAW 402A/502A - American Common Law l (82 Documents) LAW 402A - (81 Documents) LAW 401 - 401 (72 Documents) s 402A. (T/F) A contract a legally binding agreement. (24) The court in Commonwealth Building Corp. v. Hirschfield cites the "New York rule" which holds that a tenant who holds over after the expiration of his term may, at the election of the landlord, be held to be either a trespasser or tenant for another similar term. (a) Kelo's home inflicted a harm on society because of its blighted condition. For more information, please contact megan.obrien@marquette.edu. Landlord, feeling patriotic, agrees in writing to Thomas subletting his apartment to his Aunt Tifa. Much has transpired in the law of strict product liability in the last twenty-five years, and reflection upon this history shows that Section 402A does not, as written, represent the true state of the law today. (b) A landlord refuses to tell the landlord of a neighboring noisome cocktail lounge to keep his tenants' noise levels down at night. Cases a) Heaven v. Pender b) Winterbottom v. Wright (Kings ench, 1842): Wright contracts to make carriages for Postmaster, which in turn contracts with Winterbottoms employer to find drivers. (c) If the tenant refuses to pay the partial amount, a judgment for possession should not be entered until the tenant can come up with the back unpaid rent. United States law comes primarily from the tradition of English common law. Unfortunately, since the advent of Section 402A, the American legal system has not perfected one uniform doctrine governing recovery. (T/F) A contract is an agreement that creates rights and obligations that may be enforced in the courts. Which of the following choices was not cited by Judge Wright as a reason supporting the court's decision in Javins? (a) Relationship between parties in successive possession of property. (1) The injured party has a right to damages for any breach by a party against whom the contract is enforceable unless the claim for damages has been suspended or discharged. Contract law is one of the oldest and well-established areas of the legal system. Which of the following choices best represents the reasoning of the Boomer Court in denying an injunction and awarding permanent damages instead? Unlike other online databases, HeinOnline’s Law Journal Library is comprehensive, beginning with the first issue ever published of more than 2,800 law and law-related periodicals. LAW 402A Lecture 9: Byrne v. Boadle and Ybarra v. Spangard (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? (15) Developer wanted to create a small neighborhood subdivision of 10 lots from his large farm. Which of the following changes in the facts of the case would most likely have led Justice O'Connor to join the majority opinion in Kelo? Sami took her 2 children, her son and daughter to an amusement park and decided to ride the (b) The lease provided that if the tenant failed to move at the expiration of the lease term, the tenant should pay double the usual rent for the actual time of his occupancy. 31 Full PDFs related to this paper. (12) Which of the following choices best represents the court's reasoning in Aquarian Foundation, Inc. for enforcing the public policy rule against unreasonable restraints on alienation? (T/F) The normal method of enforcement of a contract is for the court to order performance of the contract by the party in default. (b) Advertise the sale in a legal publication among other notices. As used by the court, the word "appurtenant" indicates that the public easement was: (b) Attached to the wet-sand portion of the beach. With more than 39 million pages of articles, comments, notes, book reviews, cases, decisions, and legislation, the Law Journal Library bridges a crucial research gap. (b) The disturbing condition was the natural and probable consequence of the landlords' leasing out the lounge and permitting it to operate where it did; the landlords could control the actions at the lounge. This promise is not enforceable because Willie is not giving up his legal right. Is a waiver of legal rights sufficient consideration? (14) Which of the following choices is not required to enforce a covenant against a subsequent purchaser of land, according to the court in Neponsit Property Owners' Ass'n. His interest in having restored to him any benefit that he has conferred on the other party. This is sufficient consideration for a promise. Repository Citation Thomas A. Erdmann,Products Liability: Adoption of Section 402A of the Restatement of Torts (Second) in Wisconsin, 51 Marq. In 1952, the National Conference of Commissioners on Uniform State Laws, together with the American Law Institute, promulgated the Uniform Commercial Code, or UCC, a statutory framework to govern contract principles in commercial settings. (27) The court in Walls v. Oxford Management Company adopts the common law rule that landlords have no duty to protect tenants from criminal attacks, but cites several exceptions to the common law rule. Restatement (Second) of Torts, section 321: "(1) If the actor does an act, and subsequently realizes or should realize that it has created an unreasonable risk of causing physical harm to another, he is under a duty to exercise reasonable care to prevent the risk from taking effect. (T/F) A contract is a promise or set of promises which the law will enforce. Restatement of torts. A bribe is not considered a contract even if it is agreed to by both parties. Bob, an attorney, purchased licensed software from Bill Able Inc. to prepare his clients' invoices online. Howes v. (8) The court in Cole v. Steinlauf ruled that in the state of Connecticut, the magic word "heirs" had to be used to: (8) The test used by the court in Cole v. Steinlauf to determine whether title to land is free and clear of any defect and thus marketable requires that title: (d) Be reasonably free from doubt, in law or in fact. ***". In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.. What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? The subdivision plat map was properly recorded in the county registry of deeds by developer prior to the sale of any individual lots. Special Liability Of Seller Of Product For Physical Harm To User Or Consumer 3. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Which of the following reasons is cited by the court in 21 Merchants Row Corp. v. Merchants Row, Inc. to support its holding in favor of the landlord? 89–329) was legislation signed into United States law on November 8, 1965, as part of President Lyndon Johnson's Great Society domestic agenda. While congressional enactments in the field of evidence have generally tended to expand admissibility beyond the scope of the common law rules, in some particular situations they have restricted the admissibility of relevant evidence. (25) The court in Blackett v. Olanoff found that the tenant's implied warranty of quiet enjoyment was violated by loud disturbances coming from a nearby lounge. (b) The law in Oregon, regardless of the generalizations that may apply elsewhere, does not preclude the creation of prescriptive easements in beach land for public recreational use. Circuit in Javins v. First National Realty Company cities several reasons for treating a lease as a contract. While Beth is on a weekend trip with her family, Chet erects a fence, the first time in the neighborhood, on the boundary line of his lot to keep Beth's children from running into his front yard when they play tag and other games. Charles sold lot 3 to Chet, whose deed from Charles did not mention the restriction on fencing. In a jurisdiction following the holding and reasoning of the court in Duncan v. Vassaur, who owns the hardware store? Which brings us back to the law of strict liability. (1) The injured party has a right to damages based on his expectation interest as measured by: What rule of contract law did the court apply to the facts in Hamer v. Sidway? b. 7. Which of the following remedies for the tenant is not required by the court's holding in Javins? The Act authorized EPA to secure information on all new and existing chemical substances, as well as to control any of the substances that were determined to cause unreasonable risk to public health or the environment. proposed changes in the civil justice system that would reduce tort litigation or damages. The Higher Education Act of 1965 (HEA) (Pub.L. (a) Enjoin the defendant cement company from continuing the discharge of dust particles upon its neighbors' properties unless, within 18 months, the cement company abated the nuisance. Strict liability (sec. ... (Second)of Torts in section 402A. Rel. (c) The "public purpose" test affording legislatures broad latitude in determining what public needs justify the use of the takings power. Which of the following conditions is not cited by the court as a recognized exception under the common law rule of landlord immunity for criminal attacks on tenants? Q 11 Q 11. (7) Which of the following choices represents the most accurate translation of inter vivos? 208 (1967). He sold neighboring lots 1,2, and 3 to Abby, Barbara and Charles respectively. Barbara sold lot 2 to Beth , whose deed from Barbara contained the restriction on fencing. Was a valid contract formed by the doctor saying that "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand"? (24) Which of the following choices best explains the holding of the court in Commonwealth Building Corp v. Hirschfield? There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: ...We therefore conclude that the true measure of the plaintiff's damage in the present case is the difference between the value to him of a perfect hand or a good hand, such as the jury found the defendant promised him, and the value of his hand in its present condition, including any incidental consequences fairly within the contemplation of the parties when they made their contract. What is the likely outcome of the suit in a jurisdiction that follows the US Supreme Court's percents as described in the Penn Central case? Download this LAW 402A class note to get exam ready in less time! SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or, Test for Bargained-For Exchange (Consideration Element). By the time England’s American colonies revolted in 1776, English common-law traditions were well established in the colonial courts. The adverse possessor's possession of the land must be: (6) Which of the following choices represents the best explanation of the term "privity" as used in Howard v. Kunto? There have been suggestions, however, that the answer should depend on each particular set of facts and whether it was possible in each case for the sender of the acceptance to be aware of the fact that the communication of acceptance had not been successful. 2 § 402A. (13) In State ex. (a) There is a need for certainty as between landlords and tenants with regard to their respective rights. Uncle (D) agreed with his nephew (P) that if nephew would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21, uncle would pay him $5,000. 2 Page(s). An implied warranty is created by operation of law rather than stated by the seller or written in a contract. A common law form of legal action available to a plaintiff who claims that a contract has been breached. (a) Edgar Vassaur Jr. to Edgar Vassaur, Jr. and Betty Vassaur as joint tenants. ... (Pa. 2009)(dismissing appeal asking whether, in product liability actions in Pennsylvania, to move from Section 402A of the Second Restatement of Torts to Section 2 of the Third Restatement of Torts: Product Liability). an obligation of one party to another imposed by law independently of an agreement between the parties. Free. Law 402A Class 25 Notes Quiz: What was the main issue before the court in Murphy v. Steeplechase Amusement Co.? (6) Which of the following elements are not required to maintain a successful action for adverse possession. Thomas Tenant enters into a one year residential term lease on an apartment, commencing on January 1, 2017, with Landlord. (22) A state entomologist, acting pursuant to a state statutes, ordered the Birches Lodge to cut down a large number of birch trees because they attracted a rare type of beetle that destroyed maple trees cultivated for their syrup nearby. Which of the following choices best describes the term "affirmative covenant" as used by the Neponsit court: (c) A covenant which requires a party to do something. View Document. News about Liability For Products, including commentary and archival articles published in The New York Times. (b) In determining the extend of the diminution in value caused by the taking, Justice Holmes would consider the value of the coal kept in place by the restriction. Which of the following choices best describes Justice Brandeis' disagreement with Justice Holmes' reasoning for finding an unconstitutional taking in Penn Coal? (26) Judge Skelly Wright's opinion for the U.S. Court of Appeals for the D.C. 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