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| RCW 26 and ct has jurisd. over at least one party as a res of WA. WA is CP state, making all earnings during marriage owed equally by each. Also debts for community are owed by each. |
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| Sep prop in another state which become CP when brought into WA by new residents with no Pre Nupt (Crasy) |
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| cannot be set aside after one year for any reason. |
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| Party can introduce his own as character evidence, opening the door. Other party has limited right to cross |
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| Both benefit and burden run with the land; not tied to a particular person, remains indefinitely and is transferrable; cannot be severed; LAW FAVORS THIS |
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| easement holder is entitled to do a physical act on another's land |
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| Look to intent of Grantor. |
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| Burden runs but benefit does not. Benefit attatched to a person. Benefit not attatched to ownership: severable. Generally transferrable. |
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| 1. Defined as those who come upon the land at the landowner’s invitation or solicitation, for the benefit of the landowner. 2. Business visitors have usually been characterized as invitees. 3. Includes those who come upon land open to the general public. 4. Includes employees 5. A landowner’s duty to an invitee is to exercise reasonable care to make the premises safe. |
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| on the land without the landowner’s consent or a legal right to be there. At common law a landowner owed no duty to exercise reasonable care to prevent injury to trespassers. |
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| Persons Outside the Premises |
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| Generally a landowner owes no duty to exercise reasonable care to protect those outside the premises from conditions on the land that arise out of a state of nature. Courts distinguish between artificial and man-made conditions on the land, however |
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| Agency is a consensual relationship wherein an agent agrees to and/or acts on behalf of a principal in affecting legal relationships with third parties. |
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| Agent's duties to principal |
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| fiduciary duty of honest dealings, obedience, undivided loyalty and trust |
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| may enforce agent's contract with 3rd parties unless material change in performance or it can be shown that 3rd pty would not have entered into the agreement had they known agent was dealing on behalf of undisclosed principal |
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| LLC is hybrid btwn the GP and Corp, elements in common with both, pass through tax like Sub S Corp, but managment more like partnership. |
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| To be effective must be disclosed in filing with Sec State |
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| written notice to members and other managers; does not disolve LLC, which becomes member managed |
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| Unless LLC agreement states othewise, distributions in proportion to contributions, not equally as in Ptnshp |
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| All vote on management issues in proportion to contribution of capital, manager elected by 50% or more. |
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| to have full rights to participate in managment, must be approved by all members. |
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| LLC Liabilty to 3rd parties if in course and scope; only liable to LLC if gross negligence |
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| If agreement does not specify, member must obtain unanimous agreement from all other members to withdraw |
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| all members agree, or last member may create, no contribution requirement on dissolution (like partnership) |
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| Landowners general duty to people on the premises |
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| The landowner’s duty to persons who come onto the land will often be determined by their right to be on the land and their purpose for being on the land. Some states, including AR, will determine the landowner’s duty based upon whether a P is classified as a trespasser, licensee, or invitee. We define status based on the P’s relationship by virtue of his or her right to be on the land. |
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| Exceptions To No Duty Rule--3 Kinds of Trespassers |
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| 1. Discovered trespassers (duty to use ordinary care to avoid injury through active operations) 2. Frequent trespassers (duty to anticipate their presence and use reasonable care in activities for their protection) 3. Tolerated Intruders (duty same as that to a licensee, to warn them of dangers known by the landowner but unknown to them) |
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| WA CL of torts applies to intentitonal and negligent wrongful damaging acts that violate the duty of reasonable conduct towards others, the breach of which proximately causes foreseeable damage. |
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| A person acts intentionally where:a) he desires to cause the consqeunces of his act, (SPECFIC INTENT) ORb) the consequences are substantially certain to result from it. (GENERAL INTENT) |
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| UNDER 4 INCAPEABLE OF FORMING CRIMINAL OR TORTIOUS INTENT, OVER 4 ON A CASE BY CASE BASIS IF IT CAN BE SHOWN THAT THE MINOR KNEW THE CONSEQUENCES WERE WRONG AND FORSEEABLE |
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| person, or an imminent apprehension of such a contact, AND2) an offensive contact with the person of the directly or indirectly results |
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| he acts intending to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such a contact, and2) the other person is thereby put in such imminent apprehension2) the other person is thereby put in such imminent apprehension |
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A person is subject to liability to another for false imprisionment if
1) he acts intending to confine a person within certain fixed boundaries, and
2) his act directly or indirectly results in such a confinement of the other, and
3) the other is conscious of the confinement or is harmed by it |
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| Shopkeepers Privilege (false imprisonment) |
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Definition
No action for false imprisonment will lie against a shopkeeper who detains a suspected shoplifter if:
1) there are reasonable grounds to believe that a theft has occurred;
2) the detention is conducted in a reasonable manner (i.e. - no deadly force used);
3) the detention is limited to a reasonable period of time to make an investigation |
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| Liability to a Third Person for IIMD |
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Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
1) to a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm; or
2) to any other person who is present at the time, if such distress results in bodily harm |
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| Negligent Infliction of Emotional Distress |
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| Where the defendant's negligence causes only mental disturbances without accompanying physical injury, illness or other physical conseqences, the great majority of courts hold there can be no recovery |
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One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally
1) enters land in the possession of the other, or causes a thing or a third person to do so; OR
2) remians on the land; OR
3) fails to remove from the land a thing which he is under a duty to remove. |
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| WA criminal law applies and a crime requires a culpable act or failure to act (actus reus) and usually requires a culpable mental state (mens rea) of intent, knowledge, recklessness or criminal negligence... |
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| UCC article 3 applies; an HDC of a NI takes free and clear of personal defenses that would restrict a mere assignee. |
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| FOR VALUE; IN GOOD FAITH; NO NOTICE; NEGOTATED PROPERLY; SHELTER RULE (DID H GET FROM HDC?) |
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| a real defense and a felony |
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| WA VERSION OF UCC ART 2 CONTROLS BECAUSE THE CONTRACT INVOLVES THE SALE OF MOVEABLE GOODS. |
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| UCC EXCEPTIONS TO SOF (PAWS) |
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| ADMISSIONS, SPECIALLY MANUFACTURED GOODS, MERCHANT'S CONFIRMING MEMO OR PART PERFORMANCE. |
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| WARRANTY OF MERCHANTABILITY |
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| PASS IN TRADE, FAIR AVERAGE QUALITY, FIT FOR PURPOSE NORMALLY USED FOR |
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| MOVEABLES, BUT NOT LEASES OF EQUIPMENT |
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