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MIE 305 EXAM 3 QUESTIONS WITH 100% CORRECT ANSWERS

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MIE 305 EXAM 3 QUESTIONS WITH 100% CORRECT ANSWERS

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Easement


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the right to use property for a specific purpose

ex: Farmer Brown sells half of his farm to his neighbor, the land Brown
retained is called the dominant land, and the land transferred subject to an
easement is called the servient estate.




Four Unities of Joint Tenancy


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, time, title, interest, possession

any break in the unities sever the joint tenancy
ex: you sell your interest to your friend, so JT breaks




Design Patent


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aimed at providing protection to the appearance of a product


A design consists of visual ornamental characteristics embodied in, or
applied to, an article of manufacture.

only the appearance of the article and not structural features

usually ends 14 years from the date one applies for the patent




Liability for Necessaries (minors)


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a minor is liable for the reasonable value of necessary items (those that
reasonably supply a person's needs)


certain transactions are clearly for the benefit of minors and hence are
binding upon them

liability is in quasi-contract

,pur autre vie


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"For the life of another." A life estate pur autre vie is a life estate that is
measured by the life of a person other than the grantee




misrepresentation


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any statement or expression by words or actions that is not in keeping with
the facts

unlike fraud, does not need to be intentional they just need to know that
the other party is relying on the statement

reckless disregard or conscious ignorance of the truth


withholding valuable information or sharing misleading information

doesn't include "puffery"

civil remedies:
1. void contract
2. compensatory damages




Doctrine of part performance


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, "equitable estoppel"

a legal theory, drawn from the laws of equality, used to prevent a party to
an oral contract that has been partially performed from asserting the
defense of the statute of frauds

used primarily in oral contracts for the sale of real property




third-party beneficiary contracts


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contracts entered into by two parties for the benefit of another

1. Donee-Beneficiary

2. Creditor-Beneficiary

ex: Party A is an insurance company. Party B enters into a contract for life
insurance,
with C as the intended beneficiary of the contract




Krysa v. Payne


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both misrepresentation & fraud

were promised a relatively new car, only 1 previous owner, but noticed
severe issues after purchasing

got a report saying the car had 13 different owners
A vehicle inspection showed the vehicle was actually 2 separate vehicles
welded together (super unsafe)

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