2Little 2Late

(housing, friendships, future exams, all things 2018)

How successful have you been at forcing yourself to care about grades?

lol
2
6%
... I mean I still need to graduate... I guess...
6
19%
I want to maintain some semblance of dignity
16
52%
I am a clerkship gunner and/or incorrigible perfectionist
7
23%
 
Total votes: 31

DJM
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Re: Tonight, We Dine in He1L

Postby DJM » Sun Dec 06, 2015 8:00 pm

Gray wrote:
pancakes3 wrote:
DJM wrote:Can someone please explain adequate assurances for contracts? When to get them? Why not just wait and sue when they breach? And whatever else I should know about them?


adequate assurances is a required step for anticipatory repudiation aka anticipatory breach. You don't want to wait and sue because litigation is expensive and drawn out. If I promise to buy a box of apples from you but I'm shady as hell and the check for my down payment of the apples bounced, do you still want to hand me over your box of apples so you can wait and see, or would you rather try for anticipatory repudiation - get out of having to give me the box, and then still have the opportunity to sell that box to someone else?

You also need a reason to request them - In this example the check bounced, but you can't just randomly request them IIRC. The other party HAS to be acting shady.


perfect thanks pancakes and gray!

03282016
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[s][/s]

Postby 03282016 » Sun Dec 06, 2015 8:01 pm

Last edited by 03282016 on Mon Mar 28, 2016 12:26 am, edited 1 time in total.

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unsweetened
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Re: Tonight, We Dine in He1L

Postby unsweetened » Sun Dec 06, 2015 8:22 pm

building my torts outline completely from scratch might have been a bad idea. I will be that guy that finishes the night before the exam

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pancakes3
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Re: Tonight, We Dine in He1L

Postby pancakes3 » Sun Dec 06, 2015 9:25 pm

unsweetened wrote:building my torts outline completely from scratch might have been a bad idea. I will be that guy that finishes the night before the exam


Not just you bro. We are legion.

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rnoodles
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Re: Tonight, We Dine in He1L

Postby rnoodles » Sun Dec 06, 2015 9:26 pm

unsweetened wrote:building my torts outline completely from scratch might have been a bad idea. I will be that guy that finishes the night before the exam


you're not alone, trust me

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NoBladesNoBows
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Re: Tonight, We Dine in He1L

Postby NoBladesNoBows » Sun Dec 06, 2015 10:21 pm

Last edited by NoBladesNoBows on Sun Aug 14, 2016 7:05 pm, edited 1 time in total.

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Hikikomorist
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Postby Hikikomorist » Sun Dec 06, 2015 10:40 pm

.
Last edited by Hikikomorist on Wed Dec 30, 2015 9:43 pm, edited 1 time in total.

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Big Red
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Re: Tonight, We Dine in He1L

Postby Big Red » Sun Dec 06, 2015 10:52 pm

i kinda have my own outline, but also i kinda don't have my own outline because it's gotten some cosmetic transplants from the more organizationally endowed

03282016
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Joined: Fri Jan 02, 2015 12:52 am

[s][/s]

Postby 03282016 » Sun Dec 06, 2015 10:59 pm

Last edited by 03282016 on Mon Mar 28, 2016 12:26 am, edited 1 time in total.

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Hand
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Re: Tonight, We Dine in He1L

Postby Hand » Sun Dec 06, 2015 11:13 pm

Yeah I reworked old outlines, drawing on my class notes. Would not call them "mega," at least as far as length in concerned, as they range from 15 to 25 pp a piece, although they are mega-awesome, just like me

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Minnietron
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Re: Tonight, We Dine in He1L

Postby Minnietron » Sun Dec 06, 2015 11:43 pm

Hand wrote:Yeah I reworked old outlines, drawing on my class notes. Would not call them "mega," at least as far as length in concerned, as they range from 15 to 25 pp a piece, although they are mega-awesome, just like me

Express warranty or puffery? Regarding you or the outline. Your choice, which will significantly expand upon character development.

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radio1nowhere
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Re: Tonight, We Dine in He1L

Postby radio1nowhere » Mon Dec 07, 2015 12:06 am

It's not the size of the outline, it's the motion of the ocean. Right guys

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Gray
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Re: Tonight, We Dine in He1L

Postby Gray » Mon Dec 07, 2015 12:06 am

Minnietron wrote:
Hand wrote:Yeah I reworked old outlines, drawing on my class notes. Would not call them "mega," at least as far as length in concerned, as they range from 15 to 25 pp a piece, although they are mega-awesome, just like me

Express warranty or puffery? Regarding you or the outline. Your choice, which will significantly expand upon character development.

Mega awesome sounds like puffing but I'm headed for an F- in contracts so IDK.

DJM
Posts: 105
Joined: Mon Aug 24, 2015 8:39 pm

Re: Tonight, We Dine in He1L

Postby DJM » Mon Dec 07, 2015 12:21 am

Gray wrote:
Minnietron wrote:
Hand wrote:Yeah I reworked old outlines, drawing on my class notes. Would not call them "mega," at least as far as length in concerned, as they range from 15 to 25 pp a piece, although they are mega-awesome, just like me

Express warranty or puffery? Regarding you or the outline. Your choice, which will significantly expand upon character development.

Mega awesome sounds like puffing but I'm headed for an F- in contracts so IDK.


Gray if you're getting an F- in contracts I might remove your assurances from my outline

... Jk thanks

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Gray
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Re: Tonight, We Dine in He1L

Postby Gray » Mon Dec 07, 2015 12:29 am

DJM wrote:
Gray wrote:
Minnietron wrote:
Hand wrote:Yeah I reworked old outlines, drawing on my class notes. Would not call them "mega," at least as far as length in concerned, as they range from 15 to 25 pp a piece, although they are mega-awesome, just like me

Express warranty or puffery? Regarding you or the outline. Your choice, which will significantly expand upon character development.

Mega awesome sounds like puffing but I'm headed for an F- in contracts so IDK.


Gray if you're getting an F- in contracts I might remove your assurances from my outline

... Jk thanks

lol just overall. We did adequate assurances like last week. Oh just checked my notes and the request also must be made in writing! probably good to know. UCC § 2-609

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Leonardo DiCaprio
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Re: Tonight, We Dine in He1L

Postby Leonardo DiCaprio » Mon Dec 07, 2015 1:46 am

the prima facie case for battery is act, intent, causation, injury.
for the causation part, you have to prove both actual and proximate cause right? are there any causation rules governing IT specifically like there are for negligence?

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Big Red
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Re: Tonight, We Dine in He1L

Postby Big Red » Mon Dec 07, 2015 1:50 am

Leonardo DiCaprio wrote:the prima facie case for battery is act, intent, causation, injury.
for the causation part, you have to prove both actual and proximate cause right? are there any causation rules governing IT specifically like there are for negligence?


proximate cause is less of an issue in intentional tort, you are usually liable for all of the harms, even those that are unforeseeable, that result from the battery

there's obviously a limit though, D is not liable for burn damages to P that occurred after a punch to the dome put him in the hospital, which then burned down

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buckiguy_sucks
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Re: Tonight, We Dine in He1L

Postby buckiguy_sucks » Mon Dec 07, 2015 1:51 am

Leonardo DiCaprio wrote:the prima facie case for battery is act, intent, causation, injury.
for the causation part, you have to prove both actual and proximate cause right? are there any causation rules governing IT specifically like there are for negligence?

????
The elements of battery are 1) intent 2) harmful or offensive contact

I have no idea what you're talking about

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Big Red
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Re: Tonight, We Dine in He1L

Postby Big Red » Mon Dec 07, 2015 1:52 am

re: actual cause, I'm having trouble thinking of a battery that isn't also an actual cause, since touching, even of the 'extended personality' is a necessary element?

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Big Red
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Re: Tonight, We Dine in He1L

Postby Big Red » Mon Dec 07, 2015 1:54 am

buckiguy_sucks wrote:
Leonardo DiCaprio wrote:the prima facie case for battery is act, intent, causation, injury.
for the causation part, you have to prove both actual and proximate cause right? are there any causation rules governing IT specifically like there are for negligence?

????
The elements of battery are 1) intent 2) harmful or offensive contact

I have no idea what you're talking about


my understanding was that you can recover nominal damages for battery in a case in which the PF elements are met (1+2 of above), even if you can't prove a harm

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buckiguy_sucks
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Re: Tonight, We Dine in He1L

Postby buckiguy_sucks » Mon Dec 07, 2015 1:57 am

Big Red wrote:
my understanding was that you can recover nominal damages for battery in a case in which the PF elements are met (1+2 of above), even if you can't prove a harm


Yeah that's why it's harmful OR offensive

So that the dude holding the plate can still recover against the racist hotel worker

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NoBladesNoBows
Posts: 1118
Joined: Fri Aug 22, 2014 7:39 pm

Re: Tonight, We Dine in He1L

Postby NoBladesNoBows » Mon Dec 07, 2015 2:06 am

Last edited by NoBladesNoBows on Sun Aug 14, 2016 7:05 pm, edited 3 times in total.

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Joscellin
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Re: Tonight, We Dine in He1L

Postby Joscellin » Mon Dec 07, 2015 2:25 am

NoBladesNoBows wrote:
buckiguy_sucks wrote:
Leonardo DiCaprio wrote:the prima facie case for battery is act, intent, causation, injury.
for the causation part, you have to prove both actual and proximate cause right? are there any causation rules governing IT specifically like there are for negligence?

????
The elements of battery are 1) intent 2) harmful or offensive contact

I have no idea what you're talking about

Uhhhh you need causation and damages to make a prima facie case for any tort, which definitely includes battery. Intent does come before action though. Intent, action, causation, damages. But yea as Big Red said, the bar for establishing causation with an intentional tort is much lower than with negligence, but unlike what Big Red said I believe that actually the batterer would be liable for damages due to the hypothetical hospital fire, unless the fire was started due to someone else's gross negligence or wanton recklessness, providing the defendant with a defense of superseding cause. My last post goes into a little more detail. But yea otherwise I'm pretty sure batterer is liable, cause someone has to be, and it's certainly more his fault than anyone else's (again assuming fire didn't burn down due to anyone else's gross negligence). See "eggshell skull" rule, Vosburg v. Putney, White v. University of Idaho, etc.

ETA: causation would be highly unlikely to be found for negligence in the hospital fire case, but again with intentional torts it's different.

Second ETA: I think the misunderstanding here is in the difference between the definition of battery and the elements of a prima facie case for. The strict definition of battery (as per Restatement) is just intent and action, but to bring a case obviously you have to be seeking damages caused by the tort you're alleging.


No element for injury, you're entitled to nominal damages in the event of any battery. I mean, it would be dumb to sue for the $1 or whatever you might get as nominal, but it's possible.

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NoBladesNoBows
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Re: Tonight, We Dine in He1L

Postby NoBladesNoBows » Mon Dec 07, 2015 2:32 am

Last edited by NoBladesNoBows on Sun Aug 14, 2016 7:06 pm, edited 4 times in total.

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NoBladesNoBows
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Re: Tonight, We Dine in He1L

Postby NoBladesNoBows » Mon Dec 07, 2015 2:38 am

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