A buyer who purchases a piece of property secured by a mortgage either takes the property “subject to the mortgage,” or he “assumes the mortgage.” Subject to the Mortgage A buyer who takes the property subject to the mortgage is not liable for the mortgage debt. The seller agrees to continue paying the mortgage. Example: …
An employer will generally be held vicariously liable for the negligent actions of his employees (under what’s called the doctrine of respondeat superior). Example: I suffer a broken arm while pumping iron at Planet Fitness after slipping and falling on a spilled protein shake. A Planet Fitness employee was negligent in failing to clean up …
What is Robbery? Robbery is the taking and carrying away of the personal property of another through force, violence, or intimidation. In other words, robbery is larceny plus force, violence, or intimidation. Example: I walk into my boss’s office, pull out of a knife, and say, “Hand over your Ravishing Rick Rude wrestling figure or …
Larceny is defined as the trespassory taking and carrying away of another person’s property with the intent to steal it. Let’s break down this definition to make sure we understand the elements of this crime. Carrying Away: The carrying away element (or “asportation” for you fancy cats) requires only the slightest movement. Example: I’m having …
On the MBE exam there are concepts that are counterintuitive to me, and applying what I think is common sense will not necessarily lead me to the correct answer. However, you will also sometimes encounter scenarios on the MBE where simply using a little bit of common sense will help lead you to the correct …
A valid contract generally consists of an offer, an acceptance, and the presence of consideration. What Is Consideration? Consideration is a bargained-for exchange between the two parties to a contract. Each party is giving up something. Each party is either agreeing to do something they do not have to do, or agreeing to not do …
When it comes to admitting writings, recording, or photographs the original is preferable. An exact copy of the original is also acceptable as long as its authenticity is not in question. When Does the Best Evidence Rule Apply? Is is very important to understand that the best evidence rule only applies when a witness is …
Accomplice liability consists of two elements: 1) A person actually intends to help another person commit a crime Example: My friend asks me to drop him off at Five Guys restaurant because he says he is hungry and craving a cheeseburger. After entering he robs the restaurant, which as it turns out was his plan …
How Do Adequate Assurances Work? A party to a contract who has reasonable grounds to be concerned that the other party might not perform can request adequate assurances of damages from the other party. If this occurs the party being asked to provide an adequate assurance must do so within a reasonable amount of time …
If a suit is filed in state court, it can be removed (this just means changed) to federal court under certain circumstances. Rules of Removal The case must have been eligible to be brought in federal court originally. This means that it satisfies either diversity jurisdiction or federal question jurisdiction. Only a defendant is allowed …