MBE Barbri

MBE Barbri 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 speech Seller 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 - Promisees primary intent is to discharge obligation to 3rd party (creditor) Promise was gratuitous New Party assigned the leasehold interest... - Owes rent to the landlord And the duty to pay rent is due regardless of whether the landlord breached the lease that he bought into When the instruction to the jury contains some presumed fact - The judge has to tell the jury that they MAY but are not required to do so. Jury must know that they must prove all elements beyond reasonable doubt. Reverse and remand if not Building a ditch from neighbors spring to your crop with permission is - An irrevocable license if you spent a lot of money in reliance Not an easement appurtenant Will devising trust "payable to children by 30 if graduate or to university". Valid under RAP? - Yes, valid charitable trust bc the children are lives in being when it goes into effect (at his death) and the trust will vest within 21 years of their death Charged with involuntary man and murder. Plead guilty to man. Judge dismisses murder and prosecution objections. - TC should be reversed bc DJ does not bar trial of murder charge Bequeath saying "to the school for the life of my wife and then to my children; provided, however, the school use for education only" - Precatory language If school violates, their interest doesn't terminate An injunction will be granted and the damages will be impounded for future distribution State legislature in his duties gives state/federal funds to all white school. Strongest argument for legislature? - 10 A prevents the federal gov from interfering with a member of state legislature in performance of his duties Buyer sends merchant order. Merchant sends no conforming goods. Breach or counteroffer? - Breach Buyer can accept or reject and sue for damages either way but if she accepts she must give seller notice to fix it MUST BE PERFECT TENDER, even if only 1/100 boxes were wrong Statements made in court are - Privileged even if they are extreme and outrageous and if made anywhere else would be IIED Deficiency ruling, what happens to senior and junior interests? - Senior paid completely first and then junior Brokerage k says will sell for 180. Broker finds buyer and seller refuses. Can buy met sue for SP on theory that brokerage K is the writing? - No bc the K is not between the two parties Neighbor sues for public nuisance - Only allowed if can show he has some potential special injury unique to rest of the public (I.e. By virtue of living next door to the dangerous activity) D thinks B is rival and shoots at him but it hits homeowner thru window and kills him. What's D guilty of? - Attempted murder of B and murder of homeowner bc he meant to kill who he aimed at so its an attempt and that intent is transferred to homeowner No attempt to kill rival bc not in proximity W testifies about D1s bad driving and 3 known instances of it in a case against D1 (neg) and D2 (owner of car - neg etrustment) - Admissible to D2 bc Ds character in issue but not admissible to D1 bc character evidence proving in conformity therewith