Even though the thing speaks for itself, this lesson speaks more about res ipsa loquitur. This tort doctrine becomes an immediate favorite of all who hear its mellifluous name, but the doctrine has several nuances that do not speak so clearly, such as the circumstances when it applies, how common carriers are covered, and how it is conveyed to the jury. This lesson explores all of those nuances.
Read moreThis lesson focuses on the distinction between invitees and licensees, and the duty owed by an occupier to each category of entrant. It includes problems designed to test student understanding of the distinction between licensees and invitees, and to highlight the differences between the duties owed to each.
Read moreThis lesson deals with the rules governing the liability of multiple defendants in torts cases. It begins by examining joint and several liability and the rules governing contribution between tortfeasors, then moves on to consider why the majority of states has now modified the rules of joint and several liability. It also contrasts the different results produced by joint and several liability on the one hand and several liability on the other in cases involving insolvent defendants and settling defendants.
Read moreThis lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit.
Read moreThis lesson is intended as an overview of Constitutional Law principles that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher of Constitutional Law. It can also be used during the course to clarify general constitutional doctrine. This lesson is related to two other lessons regarding constitutional aspects of Family Law.
Read moreThis lesson addresses the enforcement provisions of the child custody jurisdiction statutes. It also addresses the international aspects of child custody enforcement. The lesson should be worked after completing the lesson on Child Custody Jurisdiction.
Read moreContracts are sometimes referred to as express or implied. Implied contracts are in turn often referred to as contracts implied-in-fact or implied-in-law. The difference between express contracts and implied-in-fact ones results from the conduct of the party in making the promise constituting the assent to the contract. Implied-in-law or quasi-contracts, however, are not really contracts at all, but merely a remedy in restitution. This lesson explores the nature of express contracts, implied-in-fact and implied-in-law contracts.
Read moreThis lesson looks at formal preliminary agreements, often titled letters of intent or memorandums of understanding.
Read moreRescission is one of the ways in which contractual duties are discharged. This lesson discusses mutual rescission, rescission by one of the parties, and rescission as a remedy used by a court. This lesson may be used to introduce you to the subject or to review it.
Read moreIn the criminal law, culpability can be premised upon either an "act" or (in appropriate cases) an "omission" to act. In this lesson, we examine the concept of culpability for omissions, and we explore the limits of criminal culpability. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
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