Which of the following conditions is not cited by the court as a recognized exception under the common law rule of landlord immunity for criminal attacks on tenants? (19) Which of the following uses is compared to a pig in parlor by the Court in Euclid v. Amber Realty? Unlock to view answer. (a) There is a need for certainty as between landlords and tenants with regard to their respective rights. (21) Which of the following legislative acts would be approved under the Supreme Court's holding in Pennsylvania Coal Co. v. Mahon? (17) The court in Boomer v. Atlantic Cement Company denied a permanent injunction to the homeowner plaintiffs affected by the operation of the cement plant. Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? A bribe is not considered a contract even if it is agreed to by both parties. Circuit Court of Appeals in Javins v. First National Realty Company, the finder of fact in a trial involving a tenant's defense of a breach of the warranty of habitability for non-payment of rent must make two findings: (1) whether the alleged violations existed during the period for which past due rent is claimed, and (2) what portion, if any or all, of the tenant's obligation to pay rent was suspended by the landlord's breach. Was a valid contract formed by the doctor saying that "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand"? (13) In State ex. Under this section, a manufacturer is liable for product defects that occur during the manufacturing process, notwithstanding the level of care employed by the manufacturer. (25) Which of the following choice would not be held to constitute a constructive eviction by a court following the reasoning and ruling of the court in Blackett v. Olanoff? 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. (11) Which characterization best describes the Warranty Deed creating the concurrent estate between Edgar Vassaur, Jr. and Betty Vassaur in Duncan v. Vassaur? Trial by jury. (b) It must appear that the covenant restricts the use of land, as opposed to simply paying a sum of money. (b) A landlord refuses to tell the landlord of a neighboring noisome cocktail lounge to keep his tenants' noise levels down at night. Restatement of torts. (a) An act requiring that a pillar of coal be left along the line of adjoining property, so that, along with the required pillar on the other side of the line, there would be a barrier sufficient for the safety of the employees of either mine. (1035) 1 Harchut: Products Liability - Restatement (Second) of Torts - Section 402A Published by Villanova University Charles Widger School of Law Digital Repository, 1979 (d) Since artificial light produced by electricity can be used for illumination, loss of sunlight is at most a personal annoyance which should be given little, if any, weight by society. (T/F) A contract a legally binding agreement. LAW 402A Study Guide - Fall 2019, Comprehensive Final Exam Notes - Tort, Cotton Mill, Wlw. (18) According to the court in Spur v. Del E Webb Development Co., which of the following choices would not be held to constitute a public nuisance? A common law form of legal action available to a plaintiff who claims that a contract has been breached. Which of the following choices best represents the approach Justice Jasen would have taken in deciding the case? Bob, an attorney, purchased licensed software from Bill Able Inc. to prepare his clients' invoices online. (15) In Sanborn v. McLean, which of the following choices would most likely result in a judgment finding that defendants, the Mcleans, can build a gas station on Lot 86: (c) Defendants Mcleans' lot and plaintiff Sanborn's neighboring lot were never held by a common owner. (15) Developer wanted to create a small neighborhood subdivision of 10 lots from his large farm. Which of the following factors was not cited by Justice Brennan as being important in the Court's takings jurisprudence? 1 Page. Rel, Thornton v. Hay in enjoining the Hays from constructing fences or other improvements in the dry-sand area between the sixteen-foot elevation contour line and the ordinary high-tide line of the Pacific Ocean. No, because Willie does not have the legal right to drink, smoke or gamble before the age of 21, so he is not giving up any legal right. (23) According to Justice Scalia's opinion for the Court in Lucas, which of the following will likely be considered a "total taking" requiring payment of just compensation? Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or, Test for Bargained-For Exchange (Consideration Element). (c) The large disparity in economic consequences of the nuisance and of the injunction. True False . Most of this legislation has consisted of the formulation of a privilege or of a prohibition against disclosure. English common law was a system that gave written judicial decisions the force of law throughout the country. Purposes of Remedies: Expectation Interest, His interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performed, His interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, Purposes of Remedies: Restitution Interest. The Toxic Substances Control Act (TSCA) became law on October 11, 1976, and became effective on January 1, 1977. View Document. The Birches Lodge brings suit, claiming its property had been taken without just compensation in violation of the 5th amendment. (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. (26) Judge Skelly Wright's opinion for the U.S. Court of Appeals for the D.C. (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. (22) A state entomologist, acting pursuant to a state statutes, ordered the Birches Lodge to cut down a large number of birch trees because they attracted a rare type of beetle that destroyed maple trees cultivated for their syrup nearby. By the time England’s American colonies revolted in 1776, English common-law traditions were well established in the colonial courts. Howes v. Hoping to cash in on the insurance money, Able set fire to the store, not knowing that Charles had decided to work late that evening on inventory. (a) Edgar Vassaur Jr. to Edgar Vassaur, Jr. and Betty Vassaur as joint tenants. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: ...We therefore conclude that the true measure of the plaintiff's damage in the present case is the difference between the value to him of a perfect hand or a good hand, such as the jury found the defendant promised him, and the value of his hand in its present condition, including any incidental consequences fairly within the contemplation of the parties when they made their contract. Which of the following choices best represents the reasoning of the Boomer Court in denying an injunction and awarding permanent damages instead? (d) A majority of jurisdictions subscribe to the rule that a lease provision requiring the landlord's consent to an assignment or sublease permits the landlord to refuse arbitrarily or unreasonably. Strict liability (sec. Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. U OF A LAW 402A Robert Williams Fall. b. (24) Which of the following choices best explains the holding of the court in Commonwealth Building Corp v. Hirschfield? (8) The court in Cole v. Steinlauf ruled that in the state of Connecticut, the magic word "heirs" had to be used to: (8) The test used by the court in Cole v. Steinlauf to determine whether title to land is free and clear of any defect and thus marketable requires that title: (d) Be reasonably free from doubt, in law or in fact. c) What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? (d) A landlord who provides lighting for the exterior of an apartment building who fails to provide additional security measures such as patrol services or protective fencing. (b) The disturbing condition was the natural and probable consequence of the landlords' leasing out the lounge and permitting it to operate where it did; the landlords could control the actions at the lounge. (7) Which of the following choices represents the most accurate translation of inter vivos? Which of the following reasons does the Hirschfield court give as the best argument for strict adherence to the New York rule? Landlord, feeling patriotic, agrees in writing to Thomas subletting his apartment to his Aunt Tifa. 402A. 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. Policy a) Duty protects those who have not exercised reasonable care b) Allows judges to limit liability 3. LAW 402A Lecture 20: Hamer v. Sidway - Maria Hussein. During discussion classes he was amazing at making sure the students understood what material had been presented by the professor that week during lecture and answering any and all questions students had. Landlord has NO right to evict Aunt Tifa, as he was not aware of her political views at the time he agreed in writing to the sublet of Thomas's apartment. (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to … ... (Pa. 2009)(dismissing appeal asking whether, in product liability actions in Pennsylvania, to move from Section 402A of the Second Restatement of Torts to Section 2 of the Third Restatement of Torts: Product Liability). Which of the following factors were cited by the court as justifying the tenants' defense of constructive eviction to the non-payment of rent? His interest in having restored to him any benefit that he has conferred on the other party. (T/F) The normal method of enforcement of a contract is for the court to order performance of the contract by the party in default. L. Rev. 0. The Higher Education Act of 1965 (HEA) (Pub.L. ... (Second)of Torts in section 402A. The subdivision plat map was properly recorded in the county registry of deeds by developer prior to the sale of any individual lots. Q 11 Q 11. c) Question of LAW goes to the judge 2. Explicit - • Exculpatory clause in contract law – seen in Contracts discussion, these clauses must be clear and voluntarily assented to) tort reform. Rel. Process of bargaining or inducement that leads to an enforceable contract. (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. Special Liability Of Seller Of Product For Physical Harm To User Or Consumer 3. 8 May 2019. Which of the following choices was not cited by Judge Wright as a reason supporting the court's decision in Javins? Valuable consideration may consist either in some right, interest, profit, or benefit accruing to one of the parties or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other party. Which brings us back to the law of strict liability. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. (17) The dissent by Justice in Boomer v. Atlantic Cement Company cites several reasons for not subscribing to the majority's newly enunciated doctrine of assessment of permanent damages in lieu of an injunction, where substantial property right have been impaired by the creation of the nuisance. With more than 39 million pages of articles, comments, notes, book reviews, cases, decisions, and legislation, the Law Journal Library bridges a crucial research gap. (24) The court in Commonwealth Building Corp. v. Hirschfield cites the "New York rule" which holds that a tenant who holds over after the expiration of his term may, at the election of the landlord, be held to be either a trespasser or tenant for another similar term. While Beth is on a weekend trip with her family, Chet erects a fence, the first time in the neighborhood, on the boundary line of his lot to keep Beth's children from running into his front yard when they play tag and other games. Thomas Tenant enters into a one year residential term lease on an apartment, commencing on January 1, 2017, with Landlord. The Act authorized EPA to secure information on all new and existing chemical substances, as well as to control any of the substances that were determined to cause unreasonable risk to public health or the environment. (c) The owner of a lakefront lot is barred by the state from erecting any permanent habitable structures on his parcel while neighbors have built homes on both sides of his lot. 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. 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