MBE Barbri Questions & Answers | 100% Correct Answers | Verified | Latest 2024 Version

Using/loaning out a chattel without permission and its damaged causing almost have its value - Conversion Remedy is FMV Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous suits in a year, it rained on a certain date, date of Independence Day - Birthdate Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - No consideration for modification. You can sue for the remainder. Corporations cannot be found guilty of - Manslaughter/killing under SL What if a holdover tenant objects to the notice you gave that rent would increase? - Doesn't matter. He can write on a check that this is the "new rent payment" all he wants. He still owes what you noticed him that he owes. Firefighter rule - When firefighter/police are hurt trying to rescue you, they cannot sue you even if you put yourself in the position of peril Congress can repeal its own enactments but - It cannot do so when repeal violates a Q provision (such as impairment of a contract already entered into) Police in hot pursuit and reasonably believe the guy running committed a felony - You step in cops shoes. You can trip the fleeing suspect and are not liable for tort. Ordinance saying no solicitation of charitable contributions without a permit - SC has struck it down as burden on free speechSeller agrees to sell car for 20k. Comes back and says his wife with part ownership doesn't allow for less than 30. BoC? - Yes REGARDLESS of whether or not the buyer knew the wife had part ownership. The seller should have expressly conditioned the sale upon his wife's approval. Defamation and matter of public concern (CEO of major employer in town bad at his job), D must prove - Actual injury, such as loss of reputation, distress Cop can/cannot make a warrantless arrest for misdemeanor? - Cannot unless the misdemeanor was committed in his presence. So, if can't arrest, there's no search incident to a lawful arrest If statute calls for a specific remedy for violation or a procedure for addressing it - It cannot deprive you of that remedy without DP. PROPERTY INTEREST HERE D gives alibi of being in a different county. W testifies that D told her her he hasn't been out of the country in years. What exception? - None, it's an admission by a party opponent. Could also be a prior inconsistent statement but admission is better bc why go thru the back door when you can go thru the front. Philanthropist dedicates park to city and its defectively designed - Ps liability for negligence is not affected by his dedication of the park to the city K for services is/is not within the SoF - Is not What if a K has a no oral modifications clause? - Can be waived this orally modified so long as consideration (not suing on a breach) is present Creditor beneficiary Donee beneficiary - Pro