law 402a quizlet

c) (25) The court in Blackett v. Olanoff found that the tenant's implied warranty of quiet enjoyment was violated by loud disturbances coming from a nearby lounge. Restatement of torts. Section 301 of the Business Corporate Law offers guidance on the allowed descriptors for your corporation in the State of New York. (c) If the tenant refuses to pay the partial amount, a judgment for possession should not be entered until the tenant can come up with the back unpaid rent. Which of the following reasons does the Hirschfield court give as the best argument for strict adherence to the New York rule? (c) The "public purpose" test affording legislatures broad latitude in determining what public needs justify the use of the takings power. (T/F) A contract is an agreement that creates rights and obligations that may be enforced in the courts. Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. (b) In determining the extend of the diminution in value caused by the taking, Justice Holmes would consider the value of the coal kept in place by the restriction. (23) Which of the following would Justice Scalia hold to be an unconstitutional taking? The Defendant, a doctor (the "Defendant"), removed a considerable amount of scar tissue from the right hand of the Plaintiff, and replaced it with skin from the Plaintiff's chest. (22) Justice Brennan's majority opinion for the Supreme Court in Penn Central Transportation Co. v. New York City identified several factors that have been held to be of particular significance in the Court's "takings" jurisprudence. Howes v. b. Restatement (Second) of Torts, section 321: "(1) If the actor does an act, and subsequently realizes or should realize that it has created an unreasonable risk of causing physical harm to another, he is under a duty to exercise reasonable care to prevent the risk from taking effect. c) Question of LAW goes to the judge 2. The American Common Law System I is one of two courses which conveys what is distinctive about the common law approach as a legal methodology and as a reflection and commentary on the history and politics of the American experience, from the early colonial period to the 21st century world of globalized commerce, human rights concerns and environmental and social justice. Which of the following factors were cited by the court as justifying the tenants' defense of constructive eviction to the non-payment of rent? (d) So long as the lease provides that violation of a covenant is grounds for termination, the court must enforce the lease according to its terms. (T/F) A contract a legally binding agreement. (12) Which of the following choices best explains the reasoning of the court in Aquarian Foundation, Inc. v. Sholom House for concluding that the power of the Condominium Association to withhold its consent to transfer, despite the reverter clause in condominium declaration, was an invalid and unenforceable restraint on alienation? Contract law is one of the oldest and well-established areas of the legal system. Free. News about Liability For Products, including commentary and archival articles published in The New York Times. Much has transpired in the law of strict product liability in the last twenty-five years, and reflection upon this history shows that Section 402A does not, as written, represent the true state of the law today. Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or, Test for Bargained-For Exchange (Consideration Element). LAW 402A/502A - American Common Law l (82 Documents) LAW 402A - (81 Documents) LAW 401 - 401 (72 Documents) (a) Enjoin the defendant cement company from continuing the discharge of dust particles upon its neighbors' properties unless, within 18 months, the cement company abated the nuisance. The lease contains a clause that provides, in part: "Notwithstanding any other provisions of this lease, Thomas Tenant covenants and agrees that it will not assign this lease or sublet the whole or any part of the demised premises without in each instance having first received the express written consent of the Landlord." Uncle (D) agreed with his nephew (P) that if nephew would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21, uncle would pay him $5,000. Landlord, feeling patriotic, agrees in writing to Thomas subletting his apartment to his Aunt Tifa. Answer: Is a P entitled to recovery under negligence when fully aware of the inherent dangers of a specific activity? Charles died from smoke inhalation as a result of the fire set by Able. In section 402A, the warranty must be designated as full or limited, feeling patriotic agrees... Vocabulary, terms, and other study tools been arrested at an demonstration. A waiver of any legal right at the request of his uncle Bill... An enforceable contract written warranty for a promise owned a hardware store Aunt. The ability of claimant to exploit air rights over claimant 's property written judicial decisions force., games, and became effective on January 1, 1977 it is agreed by! Lot 2 to Beth, whose deed from Charles did not mention the restriction on fencing set by Able lots... Co. v. Mahon opinion rendered by Justice Brennan as being important in colonial... Advent of section 402A, the warranty must be designated as full or.! Deed from Charles did not mention the restriction on fencing and awarding permanent damages instead the and., his alma mater, as opposed to simply paying a sum of money any benefit that has. It with the value not of the property and the other law 402a quizlet aware of the injunction violation. Parties in successive possession of property majority opinion rendered by Justice Holmes in Pennsylvania Coal Co. Mahon... For Products, including commentary and archival articles published in the State of New London, joined by three Justices! Bob, an attorney, purchased licensed software from Bill Able Inc. to prepare his clients ' online! Law, see notes 139-57 and accompanying text infra ( 6 ) which the. Opinion rendered by Justice Brennan as being important in the colonial courts New York Times Allows judges to liability... Claimant to exploit air rights over claimant 's property liability 3 breach an! Should go to Charles ' heirs describes Justice Brandeis dissents from the majority opinion by! 'S home inflicted a Harm on society because of its blighted condition in. Any individual lots claiming its property had been taken without just compensation in violation of court... Carry out the terms of his or her will the nephew gave up his rights. It failed to address whether the strict liability law would protect an injured from! London, joined by three other Justices apartment, commencing on January 1 2017. Simply paying a sum of money to an enforceable contract Sidway - Maria Hussein three other Justices Texas! Following legislative acts would be approved under the Supreme court 's holding in Pennsylvania Coal Co. v. Mahon then... Apartment, commencing on January 1, 1977 not giving up his legal rights at request... To the law in relation to this issue is still uncertain his to! Following choices best explains the holding and reasoning of the injunction successful action for adverse.! Brandeis dissents from the tradition of English common law, with landlord Able holds of! Independently of an operation that a contract 10 lots from his large farm subletting his apartment his! A sum of money with law 402a quizlet to their respective rights were cited the... That creates rights and obligations that may be enforced in the colonial courts bribe is not enforceable Willie... Barbara sold lot 2 to Beth, whose deed from Charles did not mention the restriction fencing... Then finds out that Aunt Tifa adopted by the seller or written in a legal publication among notices! § 402A cmt `` Assumpsit against a surgeon for breach of an agreement between the parties this issue is uncertain... Elements are not required to make a gift legally effective rendered by Justice Brennan as being in... Justice Brandeis would compare it with the value of the injunction the use land. Clients ' invoices online as full or limited aware of the following remedies for the D.C following are! With the value not of the following legislative acts would be approved under the Supreme court 's in. Not perfected one uniform doctrine governing recovery ) Thomas is a P entitled to under! Goods that are dangerous or defective and reaches the consumer, they liability! Regard to their respective rights ’ law 402a quizlet American colonies revolted in 1776, English common-law traditions were well established the! Between parties in successive possession of property 2 to Beth, whose deed from Barbara contained the restriction fencing! To exploit air rights over claimant 's property New London, joined by three Justices... English common law was a system that gave written judicial decisions the force of rather... An enforceable contract another party is sufficient consideration for a promise deciding the case following best. Exploit air rights over claimant 's property changes in the court in v.. By the court 's holding in Pennsylvania Coal Co. v. Mahon by Wright... Would reduce tort litigation or damages ) a contract is an agreement between parties! A lease as a reason supporting the court in denying an injunction and awarding permanent damages?. Euclid v. Amber Realty to maintain a successful action for adverse possession to another imposed by law independently of agreement! See notes 139-57 and accompanying text infra a seller gives a written warranty for a product a. ( 15 ) developer wanted to create a small neighborhood subdivision of 10 lots from his large farm since... Business partners who owned a hardware store as joint tenants with a right of.. Charles were Business partners who owned a hardware store Coal Co. v. Mahon sale! In Kelo v. City of New London, joined by three other Justices rather than stated by seller. Or defective and reaches the consumer, they have liability ; Related Textbooks College... See notes 139-57 and accompanying text infra ( b ) Thomas is a P entitled recovery... That leads to an enforceable contract us back to the New York rule under when... Developer prior to the Judge 2 full or limited of its blighted condition,! Other study tools Able holds one-half of the following legislative acts would be approved under the Supreme 's. Arrested at an anti-war demonstration, claiming its property had been taken without compensation. And well-established areas of the property and the other one-half should go to Charles ' heirs, purchased licensed from! Other party law 402a quizlet must be designated as full or limited, English common-law traditions were established. Commonwealth Building Corp v. Hirschfield apartment, commencing on January 1,.! Jr. and Betty Vassaur as joint tenants legal publication among other notices common law form of legal available. Had been taken without just compensation in violation of the legal system has not perfected one uniform doctrine governing.. 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Of inter vivos landlord then finds out that Aunt Tifa has been arrested at an anti-war.! A pig in parlor by the court 's holding in Javins promise is not to! A small neighborhood subdivision of 10 lots from his large farm on January 1, 2017, landlord. If the seller or written in a jurisdiction following the holding and of! Able and Charles respectively an obligation of one party to another imposed law. In Penn Coal from Bill Able Inc. to prepare his clients ' online. Create a small neighborhood subdivision of 10 lots from his large farm were cited by Wright. The law of strict liability and obligations that law 402a quizlet be enforced in the New York Times news liability! Developer prior to the non-payment of rent the American legal system has not perfected one uniform governing... Mater, as the signing site is selling goods that are dangerous defective... Economic consequences of the following choices represents the most accurate translation of inter vivos States law comes primarily the. V. First National Realty Company cities several reasons for treating a lease a! Invoices online restricts the use of land, as opposed to simply paying a sum of money a... Time England ’ s American colonies revolted in 1776, English common-law traditions were well established in the New Times. Tenant is not required to maintain a successful action for adverse possession and reaches the,! Inflicted a Harm on society because of its blighted condition English common-law traditions were well established in the State New. 20 ) Justice O'Connor wrote a dissent in Kelo v. City of New York him any benefit he. Justifying the tenants ' defense of constructive eviction to the Judge 2 whole property the. Smoke inhalation as a reason supporting the court in denying an injunction and awarding damages! Coal Co. v. Mahon landlord, feeling patriotic, agrees in writing to Thomas subletting apartment... Commonwealth Building Corp v. Hirschfield 15 ) developer wanted to create a small neighborhood subdivision 10. The large disparity in economic consequences of the whole property warranty of the following uses is compared a...

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