CPCU 530 1
Card Set Information
CPCU 530 1
CPCU 530 1
The Proximate Cause Doctrine requires what
A direct, unbroken, reasonable forseeable, chain of causation from the defendent's violation of the plantiffy legally proted right to the plantiff's injury
Contract provisions that must be strictly true or adhered to to prevent contract voidability
The elements for the sale of goods are
1. agreement 2. capacity 3. consideration 4. legal form 5. legal purpose 6. assent
Sellers provide three warranties. What are they?
Warranty of title, warranty of merchantibility, warranty of fitness for its intended purpose
Bailements require what?
transfer of possession but not ownership
acceptance by the bailee
agreement to return the property
Land use restrictions - a nonmaterial interst is called
agreement to return the property ( a incorporateal interest ) which includes easements
Easements are what?
the nonpossessory right to use another's property for a particular purpose that benefits adjacent property
share holder rights include
1. elect and remove board memebers
2. sue on the coorporation's behalf if the board or officers committed an altra vires
3. possess and sell their stock
5. inspect the books
6. receive dividends
Directors have collective authority to
exercise all corporqate powers and direct managment of all business affairs
Reckless misconduct is what?
a deliberate act or omission whith knowledge or reason to know that bodily injury or property damage would result.
What happens to the defendent's rights when charged with reckless misconduct? How does it differ from negligence?
1. the defendent cannot raise the plantiff's own negligence as a defense
2. The court may award punitive damages
3. A landowner may be liable for injuries to trespassers
4. most auto guest statutes only permit recovery for this
The burden of proof is on the plantiff except in cases of what?
Negligence per se - violation of a statutory standard
2. res ipsa oquinter (latin for the thing speaks for itself)
This means that whaever caused the inury was under the defendent's control such as injuries that don't natrually occur except in the case of negligence
For example - a classic case is a surgical sponge left in the patient