Duty as a Possessor of
Balance of right and duty
Right to use your land for your own benefit and
Your use of land that creates unreasonable harm to
Duty differs depending on circumstances!
Duty to those outside your prope
A contract is an agreement between
parties to perform some act, the
enforcement of which will be given the
backing of legal authority
A contract is a promise that the law will
The essential elements of a contract are:
Harm to Persons - Assault
Intentional conduct of one person directed to another
places the other in apprehension of imminent bodily
harm or offensive conduct.
Plaintiff must have knowledge of danger at the TIME!
Chapter 3 Problem 3 - Answers
While driving his car in Virginia, Carpe Diem, a resident of
North Carolina, struck Butt, a resident of Alaska. As a result
of the accident, Butt suffered over $80,000 in medical
expenses. Butt would like to know if he person
2 Excused Absences
Participation Points on Roll
Each time you make a comment or ask a
question in class.
Excused: If you let me know prior to class you
will be absent.
Attendance in another class
Tentative as well!
Agency Formation and Duties
Agency=Principal and Agent.
Agency is the most common and most
important legal relationship.
Understanding agency is crucial to
understanding the legal environment of
Principals use age
1: Basis of Tort Law
Doing business today involves risks, both legal and
A tort is a civil injury designed to provide a remedy
(damages) for injury to a protected interest.
Compensatory: reimburse pl
Midterm Exam Preparation Assistance
Business Law McConkie / Stewart
1. The stability and predictability of the law is essential to business activities.
2. The Constitution sets out the authority and the limits of the branches of
Tortfeasor does not intend the consequences
of the act or believes they will occur.
Actors conduct merely creates a foreseeable
risk of injury. Analysis:
Defendant owed Plaintiff a duty of care
An affirmative and volitional act
With intent to cause a harmful or
offensive contact with the plaintiff or a
That directly or indirectly causes a harmful
or offensive contact with the person of the
plaintiff or an object closel
Generally, everyone has a legal duty to act
Specifically, for most of us, that duty is to act
as a reasonable adult with:
Ordinary knowledge and skill, and