Market Share Liability - ANSWER Applies when a product that has harmed a consumer cannot
be traced to a single manufacturer. They are liable unless they can prove they could not have
made the product involved.
A Defense to Fraud - ANSWER The defendant must make the representation with the intent to
influence the other party's action. If the defendant did not intend to deceive, there is no proof
of fraud.
Community Property - ANSWER Under the community property concept two types of property
can belong to a spouse - separate property as well as community property. Separate property is
the respective spouse's sole property and it is free from the other spouse's interest or control.
Parole Evidence Rule (PER) - ANSWER The parole evidence rule provides that oral evidence of
agreements preceding or accompanying a written insurance policy cannot be used to prove a
waiver. Thus, the agent's oral statements made at this time would not be admitted into
evidence and thus would be ineffective as a waiver.
A provision that prevents the terms of a contract from being modified by evidence of oral or
other agreements after the contract has been written.
Defenses to Tort Fraud - ANSWER The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
The defendant did not intend to deceive
The plaintiff did not rely on the statements
The plaintiff suffered no harm or or loss because of relying on the statement
, A Constructive Eviction - ANSWER Actions or inactions of a landlord that create conditions that
prevent a tenant from enjoying a substantial or integral part of the premise constitute a
constructive eviction.
Repudiation of a Contract - ANSWER repudiation of a contract is the refusal to meet obligations
under the contract, but it must be positive and unequivocal to constitute a breach. A statement
of inability to perform in the future is not repudiation. A person cannot sue for breach of
contract until due date and person has failed to complete the job.
Frustration of Purpose - ANSWER A rental contract is useless to a person since the original
purpose for the rental was frustrated because the celebrity was not there. Frustration of
purpose can discharge a contract that is possible to perform, when a supervening event
destroys the propose or value of the contract, provided that both parties are aware of that
purpose or value.
Direct Action Statutes
Garnishment - ANSWER Third parties are generally not allowed to sue insurers of negligent
parties who injure them or damage their property. Some states have enacted direct action
statutes permitting third party sue insurer directly or both insurer and
insured/wrongdoer/tortfeasor directly
If insured denies claim payments after judgement, some states allow third party to sue the
insurer directly in a statutory action called garnishment.
be traced to a single manufacturer. They are liable unless they can prove they could not have
made the product involved.
A Defense to Fraud - ANSWER The defendant must make the representation with the intent to
influence the other party's action. If the defendant did not intend to deceive, there is no proof
of fraud.
Community Property - ANSWER Under the community property concept two types of property
can belong to a spouse - separate property as well as community property. Separate property is
the respective spouse's sole property and it is free from the other spouse's interest or control.
Parole Evidence Rule (PER) - ANSWER The parole evidence rule provides that oral evidence of
agreements preceding or accompanying a written insurance policy cannot be used to prove a
waiver. Thus, the agent's oral statements made at this time would not be admitted into
evidence and thus would be ineffective as a waiver.
A provision that prevents the terms of a contract from being modified by evidence of oral or
other agreements after the contract has been written.
Defenses to Tort Fraud - ANSWER The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
The defendant did not intend to deceive
The plaintiff did not rely on the statements
The plaintiff suffered no harm or or loss because of relying on the statement
, A Constructive Eviction - ANSWER Actions or inactions of a landlord that create conditions that
prevent a tenant from enjoying a substantial or integral part of the premise constitute a
constructive eviction.
Repudiation of a Contract - ANSWER repudiation of a contract is the refusal to meet obligations
under the contract, but it must be positive and unequivocal to constitute a breach. A statement
of inability to perform in the future is not repudiation. A person cannot sue for breach of
contract until due date and person has failed to complete the job.
Frustration of Purpose - ANSWER A rental contract is useless to a person since the original
purpose for the rental was frustrated because the celebrity was not there. Frustration of
purpose can discharge a contract that is possible to perform, when a supervening event
destroys the propose or value of the contract, provided that both parties are aware of that
purpose or value.
Direct Action Statutes
Garnishment - ANSWER Third parties are generally not allowed to sue insurers of negligent
parties who injure them or damage their property. Some states have enacted direct action
statutes permitting third party sue insurer directly or both insurer and
insured/wrongdoer/tortfeasor directly
If insured denies claim payments after judgement, some states allow third party to sue the
insurer directly in a statutory action called garnishment.
