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Definition
| Exclusive right to enjoy the possession and use of a parcel of land or other asset for an indefinite period. |
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| A violation of duty imposed by the civl law |
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| involves a defamatory statement that is false, uttered to a third person, and causes an injury. Opinion and privilege are valid defenses. |
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| intentional restraint of another person without reasonable cause and without consent. |
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| duty of due care, breach, factual causation, foreseeable type of harm, and injury. |
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| If a legislature sets a minimum standard of care for a particular activity in order to protect a certain group of people, and a violation of the statute injures a member of that group |
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| who is even slightly responsible for his own injury recovers nothing |
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Term
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Definition
| the jury may apportion liability between plaintiff and defendant. |
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| Ultrahazardous activities |
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Definition
| using harmful chemicals, blasting, and keeping wild animals. |
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| if the defendant’s conduct led to the harm, the defendant is liable, even if she exercises extraordinary care. |
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Definition
| any good that has become attached to other real property, such as land |
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| provides the owner with the greatest possible control of the property, including the right to make any lawful use of it and to sell it. |
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| may terminate upon the occurrence of some limiting event. |
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| permits the owner to possess the property during her life, but not to sell it or leave it to heirs. |
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| When two or more people own real property at the same time |
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Definition
| all owners have a share in the entire property, A tenant in common has the power to leave her estate to her heirs. |
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Definition
| all owners have a share in the entire property, when a joint tenant dies, his interest passes to the other joint tenants |
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| Tenancy by the entirety and community property |
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Definition
| both concurrent estates available only to married couples. |
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Definition
| , the owner of an apartment generally has a fee simple absolute in the particular unit |
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Definition
| resident owns shares in a corporation and then leases his unit from the corporation. |
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Definition
| presently existing nonpossessory rights that may or may not develop later |
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Definition
| gives a person the right to enter land belonging to another and make a limited use of it, without taking anything away. |
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Term
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Definition
| A general warranty deed offers the greatest protection to a buyer, a special warranty deed less protection, and a quitclaim deed very little. |
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Definition
| attachment, adaptation, other manifestation |
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Term
| pure comparative negligence |
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Definition
| comparing the negligence of the two parties. If the defendant is 100% responsible, they get 100% of the damages. |
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Term
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Definition
| If it is 50% or more your fault, then you get nothing. |
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Definition
| any printed media, radio, tv messages |
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Definition
relying on the sellers skill and judgment to obtain the right product.
Can be disclaimed |
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Term
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Definition
May not be disclaimed.
Easiest "I guarantee"
affirmation of fact.
sample. |
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Term
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Definition
| person that commits the tort |
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| tenants by the entireties |
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Definition
| only for married couples and only for the property had at marriage |
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| ultra hazardous liability |
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Definition
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Definition
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Term
| 3 ways to create an easment |
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Definition
Grant/ reservation - give you the right to cross
prescription - if you cross someones land long enough, and they do nothing to stop you after a certain amount of time, then there is an easement.
necessity - property that is sold is landlocked. you can use the lake, but you have to cross property to get to it. |
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Definition
| You have to warn them of potential harm. |
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Definition
| You have a duty to address any potential harm and prevent it also. |
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Term
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Definition
| anyone that sells goods, a merchant. implied warranty. unless they disclaim merchantability, the product they sold you has to work in the way it is reasonably supposed to work |
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