CPCU 530 1

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CPCU 530 1
2009-12-06 17:11:49

CPCU 530 1
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  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
  2. Warranties are
    Contract provisions that must be strictly true or adhered to to prevent contract voidability
  3. The elements for the sale of goods are
    1. agreement 2. capacity 3. consideration 4. legal form 5. legal purpose 6. assent
  4. Sellers provide three warranties. What are they?
    Warranty of title, warranty of merchantibility, warranty of fitness for its intended purpose
  5. Bailements require what?
    • transfer of possession but not ownership
    • acceptance by the bailee
    • agreement to return the property
  6. Land use restrictions - a nonmaterial interst is called
    agreement to return the property ( a incorporateal interest ) which includes easements
  7. Easements are what?
    the nonpossessory right to use another's property for a particular purpose that benefits adjacent property
  8. 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
    • 4. vote
    • 5. inspect the books
    • 6. receive dividends
  9. Directors have collective authority to
    exercise all corporqate powers and direct managment of all business affairs
  10. Reckless misconduct is what?
    a deliberate act or omission whith knowledge or reason to know that bodily injury or property damage would result.
  11. 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
  12. 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