GBL395Exam2ReviewSheet

GBL395Exam2ReviewSheet - GBL 395 Review Topics Second Exam...

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GBL 395 Review Topics – Second Exam Duty - standard of care/obligation, owed to those in “zone of danger” - first of the 4 elements that HAVE TO BE PRESENT under Negligence Torts ( t o act in a manner that is inconsistent WITH a reasonable prudent person would act under the same/similar circumstances ) o Great involvement of CARELESSNESS o Is viewed on a case by case basis o Don’t have “names” – someone is responsible to the harm without a name but every circumstances is different - That is negligent to the person who is accused - To whom do we owe a standard of care/duty? We owe to anyone who is reasonable that is foreseeable with a conduct of harm - Whether something is a duty or not is a question for the judge to define EX: If you see someone walking out into traffic, you don’t have any legal obligation but more like a moral obligation to stop them - The issue is not about what happened to them, more like if they could foresee what would happen - Zone of Danger : the area within which one is in actual physical danger from the negligent conduct of another person. Foreseeable At the moment before the negligent act occurred, one’s actions could cause harm to other Applicable in understanding the concept of duty and the breach of duty Estate Holding value, interest, ownership of real property Causation One of the 4 elements that HAVE TO BE PRESENT under Negligence Tort Has to have Cause and affect relationship between breach of duty and damages sustained by plaintiff. Easily can be found as it exists in most circumstances Is overlooked sometimes Different Estates in Property: (broadest to narrowest) 1. Fee Simple Absolute: Hold title without any conditions placed Most preferred manner of having a property Ex. When you own a property, you can do whatever you want 2. Conditional Estate Absolute ownership subject to condition placed upon title
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Ex. East Lansing High School tried to sell a property of the school that based upon having a condition of the property that it can’t have any kind of businesses deal with the selling of alcohol/ children pornography Zoning Restriction Is an attempt by a government to restrict the manner upon how the property is used 5 Main Zoning Classification: Residential, Agricultural, Industrial, Commercial Variance - you can ask for a CHANGE of your zoning restriction of your property (Thru government authority - township) Condition of Title Refers prior owner limits the condition of title of property of new owner
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GBL395Exam2ReviewSheet - GBL 395 Review Topics Second Exam...

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