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Law originating from use and custom rather than from written statutes.
PCP RULE: in diversity of citizenship cases, the federal court will apply the state law in 3 areas of evidence law:
C: competency of witnesses
Oral questions under oath
not in court
Statement of Jurisdiction
Cause of action
What are you suing for
list of facts about the case
Prayer for relief
three tests (1) a permanent physical occupation of the land is a taking (Loretto Taking); (2) a regulation so severe that there’s no economically viable use of the land after its application is a taking (Lucas Taking); (3) other regulatory takings are weighed under Penn Central test, which requires a three-part balancing test: (1) economic impact of the regulation, (2) land owner’s reasonable expectations when acquiring the land; (3) character of gov’t action.
Law which gives a local state court jurisdiction over an out-of-state company or individual whose actions caused damage locally or to a local resident
Ask a 3rd party to help
they do not pick a winner
A question that pertains to the US constitution, acts of Congress, or treaties.Provides a basis for federal court jurisdiction.
Written questions under oath
only allowed to send people directly related to the lawsuit
they are inexpensive
REQUEST FOR PRODUCTION
Making things available
REQUEST FOR ADMISSIONS
narrow issues at trial
to admit to the facts about the case to narrow issues in question
work at settling between each other
Noneconomic- pain and suffering, loss of enjoyment... Noneconomic because they have no tangible dollar value, jury has no mathematical or accounting basis for value
Battery- Physical contact
Typically in construction contracts there will be a provision awarding damages to the buyer at 'X' amount of dollars per day for each day the builder is late in completing the work. The parties to the contract agree upon this amount in advance because they know the buyer will incur added costs, or will lose profits, because of the delay. These contractually fixed payments are _______________ damages.
5. If the seller of a parcel of real property breaches and refuses to sell, the best legal remedy for the buyer who wants this particular piece of property is
Betty Buyer discovers that the pin she bought from Sally Seller is not a ruby as Sally had claimed. She believes that Sally's misrepresentation was innocent, but she wants to get her money back. The contract remedy Betty should seek is
Bill Builder entered into a contract with Carl's Carpets to supply him with the carpeting he needed to complete the renovation of Famous Restaurant. When Carl did not deliver the carpeting on the contract date, Bill had to find similar carpeting from a different vendor for $5 a yard more than he would have paid to Carl. The difference between the cost of the carpet in the contract with Carl and the cost Bill had to pay the new vendor can be recovered from Carl as _________ damages.
Please see problem 24 above. There was a time is of the essence clause in Bill's contract with Famous Restaurant. Bill was to lose $300/day for each day after the contract date that he was late in finishing the renovation. The $300/ day represented the profit the Restaurant would lose each day it was not in operation. Bill told Carl about this clause, impressing on Carl the need for him to deliver the carpet on time. Bill finished the renovation 3 days after the contract date. The delay was due solely to Carl’s failure to deliver the carpet on time. Bill can recover the $900 he lost from Carl as ___________ damages
Jackson offered to sell his painting, Blue Opus #2, to Pollock for $ 10,000. Pollock was to send his acceptance by mail to Jackson by the 30th of the month. Before Pollock could accept the offer, Jackson died. Which statement best describes the legal status of the transaction?
Which of the following will terminate an offer by operation of law?
Ivan was interested in buying a 40 acre parcel of commercially zoned property offered for sale by Land Co. He thought he might build a professional office complex, but would not know for sure until he consulted with soil engineers and architects. To make certain that the property was not taken off the market or sold to another buyer while he was deciding, he gave Land Co. $15,000 to keep the offer open for 3 months. This is an example of a __________________
Harry is selling his rare coin collection through Marshall Auction House. Harry will not sell the collection for less than $300,000 and has the right to withdraw the collection if the highest bid is below the $300,000 minimum. What is the term for this kind of auction?
On June 25, Sam Seller mailed Ben Buyer an offer to sell his car to Ben for $10,000. The offer arrived on June 28. Ben put his acceptance in the mail on June 30, but, because of the long holiday, it did not arrive at Sam's home until July 7. Sam found a buyer who was willing to pay $11,000 for the car and mailed a revocation on June 27. Ben got the revocation on July 1. Was a contract formed between Sam and Ben? If so, on what date did it become effective.
Manny Manufacturer offered to sell Curley Contractor 100 Anderson windows for $80 a unit, delivery to be made at Curley's warehouse in Salisbury. Curley sent an acceptance which stated: delivery to be made at our construction site in Salisbury. What is the status of this agreement?
Debbie taught a very popular Pilates class at Local Fitness Center. The class was always filled and had a long waiting list of people who wanted to enroll. When an opening became available, Debbie mailed an offer to May, the first person on the waiting list. The offer said that May should accept the offer by sending a check for $75 payable to Debbie. May did not respond to the offer, but her roommate June saw the offer on May's desk and sent Debbie a check for $75. Is there a contract between June and Debbie?
As part of an advertising campaign, a plane flew over the beach in Ocean City trailing a banner that read: 'Boardwalk Bistro will give $100 to the first person to swim from the inlet at 1st Street to Bistro's at 33rd street .' Daisy was a very strong swimmer and accepted the challenge. When she got to 25th Street, however, the plane appeared again with a banner that read: 'Bistro withdraws its offer.' Bistro's first banner had contained an offer to form a(n) __________ contract.
On Saturday, Jean offered to sell her trail bike to Henry for $250. Henry said he was not interested in buying a used trail bike. On Tuesday morning, Henry told Jean that he had changed his mind and had a check in his wallet made out to her for $250. Is this a valid acceptance of Jean's offer?
Benny bought shares in Big Chip Maker (BCM) when the shares were trading for $37 a share. For the past 9 years BCM shares have not traded above $21. Can Benny rescind his purchase based on failure of consideration?
Brenda was the lead detective assigned to investigate the murder of a prominent local businessman. A local civic group offered a $10,000 reward to anyone who provided information leading to the arrest and conviction of the murderer. The murderer was found, tried, and convicted largely due to Brenda's efforts. Can Brenda collect the reward?
Local Delivery Service had a one year contract with Supply Co. to make four deliveries a month to Supply's customers who live across the Bay. There is only one bridge spanning the Bay for 200 miles in each direction. Without warning, the state closed the bridge to all traffic for 10 months after an inspection revealed dangerous structural problems. Local now has to travel an extra 400 miles for each of the scheduled deliveries. Local asked Supply Co. for an additional $60 per trip above the contract price and Supply Co. agreed. Under common law, is this an enforceable contract?
Customer ordered fried chicken strips at the drive-in window of Famous Burger. One of the 'strips' turned out to be an entire chicken head, battered and deep fried. Famous Burger tested the head and found that it was, indeed, cooked in their batter and in their oil. Pictures of Customer with the fried head showed up in newspapers and on the Internet. Famous Burger offered Customer a cash settlement in exchange for Customer's promises not divulge the amount of the settlement, sue Famous Burger over the incident, or ever speak of it in public again. Agreeing not to exercise these three rights in exchange for the settlement is an example of ____________________.