BSL 212 chapter outlines updated fall 16 PDF

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Chapter 3 I.

II.

The Court System A.

Federal Courts

B.

State Courts

Jurisdiction (which court can you sue in) A.

Subject Matter Jurisdiction (federal vs. state court) 1.

Federal Jurisdiction a. b.

Exclusive Federal Jurisdiction (certain federal questions) Concurrent Federal Jurisdiction 1. 2.

Certain Federal Questions Diversity a. b.

B.

2.

Exclusive State Jurisdiction (i.e. everything else)

3.

Removal

Personal (In Personam) Jurisdiction (which state can you sue in) 1. 2.

Serving process on the party within the state in which the court is located Long arm jurisdiction a. b.

C.

Damages in Excess of $75,000 (White v.FCI USA) Citizens of Different States

tort occurs in the state doing business in the state (and minimum contacts are present)

Venue (which county can you sue in)

III.

Civil Procedure (the rules of the court system) A.

Pleadings 1. 2.

Complaint and Summons Response to Complaint a. b. c.

B.

Answer Motion to Dismiss Default Judgment

Pretrial Procedure 1.

Discovery a. b. c. d. e.

Interrogatories Requests for Admissions Request for Production Deposition Court-ordered examination

2.

Summary Judgment

3.

Trial a. b. c. d. e.

Jury Selection Conduct of Trial Jury Instructions Verdict Motions Challenging a Verdict (1) (2)

4. IV.

Motion for New Trial Judgment Notwithstanding the Verdict

Appeal

Alternative Dispute Resolution 1. 2.

Arbitration Mediation

Chapter 9 I.

Overview of Contracts A.

Definition

B.

Elements 1. 2. 3. 4. 5. 6. 7.

C.

Offer Acceptance Consideration Consent Capacity Legality Writing (if required) (Steinberg v. Chicago Medical)

Classification of Contracts 1. 2. 3. 4.

Express and Implied (Fox v. Mountain West) Bilateral Unilateral Void, Voidable, Unenforceable

II.

Applicability of Common Law or Uniform Commercial Code

III.

Applicability of CISG in International Contracts A. B.

IV.

When to Apply it and to Whom (TeeVee Toons v. Gerhard) Right to Opt-Out (BP Oil v. PetroEcuador)

Non-Contract Enforceable Agreements A. B.

Promissory Estoppel (Bouton v. Byers) Quasi Contract (Jasdip Properties v. Richardson)

Chapter 10 I.

Offer A.

Elements Generally 1. 2. 3.

B.

Special Offer Problem Areas 1. 2. 3. 4.

C.

Intent to Enter Contract (Catamount Slate v. Sheldon) Definiteness of Terms Direct Communication Between Offeror and Offeree

Advertisements (Lefkowitz v. Great Minneapolis Surplus Stores) Rewards Auctions Bids

Duration of Offers 1. 2. 3.

Terms of Offer Lapse of Time (Sherrod v. Kidd) Revocation a. b. c. d.

4. 5. (con't on next page)

Generally Option contracts Firm Offers (UCC) Irrevocable Offers of Unilateral Contracts

Rejection Counteroffer (Thor Properties v. Willspring Holdings)

II.

Acceptance A.

Generally 1. 2.

Traditional Rule Modern, Mirror Image Rule

B.

Silence as Acceptance

C.

Conduct as Acceptance

D.

When Acceptance Becomes Effective 1. 2.

Terms of Offer (Osprey v. Kelly-Moore Paint) Where Offer is Silent as to When Acceptance Is Effective (Mailbox Rule) a. b.

Acceptance is dispatched by reasonable means Acceptance is dispatched by unreasonable means

Chapter 11 I.

Consent A.

Misrepresentation 1.

Innocent Misrepresentation a.

Untrue Assertion of Fact (Maroun v. Wyreless Systems, Inc.) (1) (2)

Concealment Non-disclosure (a) (b) (c) (d)

(3)

Statements of Opinion (a) (b) (c) (d)

2.

Fiduciary obligations Correcting half-truths Correcting statements made false by later events Duty of good faith and fair dealing

Generally Relationship of Trust Relying Party is Unusually Susceptible to Opinion Reliance on Person of Superior Skill or Judgment

b.

Untrue Assertion is Material (Reed v. King)

c.

Reliance on Untrue Assertion

d.

Reliance is Reasonable

Fraudulent Misrepresentation (Innocent Misrep +) (Dingxi Longhai Dairy v. Becwood Technology Group)

(con't on next page)

B.

Mistake 1.

Bilateral/Mutual Mistake (Lesher v. Strid) a. b. c.

2. C.

Unilateral Mistake

Duress 1. 2.

D.

Basic Assumption on Which Contract is Made is Incorrect Incorrect Assumption is Material Adversely Affected Party Does Not Bear Risk of Mistake

Generally Economic Duress (Berardi v. Meadowbrook Mall Co.)

Undue Influence (Neugbauer v. Neugbauer)

Chapter 12 I.

Consideration A.

Legal Detriment (Pearsall v. Alexander) 1. 2. 3. 4. 5.

Bilateral Contracts Unilateral Contracts Illusory Promises (Vanegas v. American Energy) Adequacy of Consideration Pre-existing Obligations a. b.

By law (Denny v. Reppert) By contract 1. 2. 3. 4. 5. 6.

B.

Generally Modifications to a Pre-existing Contract (Common Law) Modifications to Pre-existing Contract (UCC) (New England Rock Services, Inc. v. Empire Paving, Inc.) CISG (Valero Marketing & Supply v. Greeni Oy) Settlement of an Undisputed Debt Settlement of a Disputed Debt

Bargained for Exchange 1. 2.

Past Consideration Moral Obligation

Chapter 13 I.

Illegality A.

Violations of Statutes 1. 2. 3.

Wagering Statutes Usury Statutes (Dunnam v. Burns) Licensing Statutes a. b.

B.

Violations of Public Policy 1. 2. 3.

C.

Regulatory Purpose (Alcoa Concrete v. Stalker Bros.) Revenue Raising Purpose

Agreements in Restraint of Trade (Payroll Advance, Inc. v. Yates) Exculpatory Clauses (Anderson v. McOskar Enterprises, Inc.) Unconscionable Agreements (Murphy v. McNamara; Bagley v. Bachelor, Inc.)

Effect of Illegality

Chapter 14 I.

Capacity A.

Minors 1.

Liability on Contract a. b.

B.

2.

Liability for Necessaries (Zelnick v. Adams)

3.

Liability for Misrepresentation of Age (Keser v. Chagnon)

Incompetent Persons 1. 2.

C.

Disaffirmance (Berg v. Traylor) Ratification (In re Scoreboard)

Person Under Guardianship Mental Illness or Defect

Intoxicated Persons (First State Bank v. Hyland)

Chapter 15 I.

Statute of Frauds A.

Suretyship Provisions (Rosewood Care Center v. Caterpillar, Inc.) 1. 2.

II.

B.

Contracts for the Sale of Real Estate

C.

Contracts that Cannot Be Performed in Under One Year (Iacona v. Lyons; Mackay v. Four Rivers Packing Co.)

D.

Sale of Goods of $500 or More (Kalas v. Cook)

E.

Executor-Administrator Provision

F.

Contracts where Marriage is the Consideration

Compliance with Statute of Frauds A. B. C.

III.

Original Promise Main Purpose Exception

Under the Common Law (Estate of Jackson v. Devenyns) Under the UCC Under the CISG (Forestal Guarani v. Daros International)

Parol Evidence Rule A. B. C.

Generally (Dahan v. Weiss) Exceptions Under CISG (ECEM European Marketing v. Purolite Co.)

Chapter 16 I.

Assignment of Rights A. B. C. D.

Defined Requirements of Assignment Revocability of Assignment (Speelman v. Pascal) Rights that Are Not Assignable 1. 2. 3.

E. F.

Rights of the Assignee (Mountain Peaks v. Roth-Steffen Notice Requirements 1. 2.

G. II.

Impact if Notice is Given to Assignee Impact if Notice is Not Given to Assignee

Implied Warranties of Assignor

Delegation of Duties A. B.

Defined Where Delegation is Not Permitted 1.

2. III.

Contrary to Public Policy Assignment would materially change obligor's performance to obligor (In re Magness) Contract Prohibits Assignment (Aldana v. Colonial Palms Plaza)

Nature of Duty is Personal in that the Obligee Has Substantial Interest in Having the Delegator Perform the Contract (Federal Ins. v. Winters) Contract Prohibits Delegation

Third-Party Beneficiary Contracts A. B.

Intended Beneficiaries (Stine v. Stewart) Incidental Beneficiaries (Cedar Petrochemicals v. Dongbu Hannong)

Chapter 17 I.

Conditions to Performance A.

Express Conditions Defined 1. 2.

B. C.

Satisfaction of the Parties (Silvestri v. Optus Software) Satisfaction of Third Parties

Implied Conditions Conditions Precedent, Concurrent and Subsequent

II.

Discharge by Performance

III.

Discharge by Breach A. B. C.

IV.

Discharge by Agreement of the Parties A. B.

V.

Material Breach (In re Siskiyou Evergreens, Inc.) Substantial Performance Anticipatory Repudiation (Hochster v. De La Tour)

Mutual Rescission Accord and Satisfaction (McDowell Welding & Pipefitting v. United States Gypsum)

Discharge by Operation of Law A. B. C. D.

Impossibility (Christy v. Pilkinton) Subsequent Illegality Frustration of Purpose Commercial Impracticability (Northern Corp. v. Chugach Electrical; Raw Materials Inc. v. Manfred Forberich GmbH & Co.)

Chapter 18 I.

Monetary Damages A. B. C.

II.

Limitation on Damages A. B. C.

III.

Compensatory Damages Punitive Damages Liquidated Damages (Arrowhead School District v. Klyap)

Foreseeability of Damages (Macromex v. Globex) Certainty of Damages Mitigation of Damages (Parker v. Twentieth Century-Fox)

Remedies in Equity A. B.

Specific Performance (Prestenbach v. Collins) Injunctions (Madison Square Garden Corp. v. Carnera)...