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Topics - Dean Prosser

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Current Law Students / PROPERTY: Tenancy at Will
« on: January 30, 2005, 09:55:53 PM »
Perhaps some of you great legal minds out there can help unravel this...

"A tenancy at will must be terminable by the landlord or by the tenant and not by one of them alone."  discuss :)

Current Law Students / Oh No, Missed an issue!
« on: December 17, 2004, 12:38:26 AM »
Just wondering, have any of you missed a BIG issue in an exam question? 

Current Law Students / Transferred Intent
« on: December 01, 2004, 02:31:18 PM »
Can someone supply a "good-for-exam" definition of Transferred Intent?

If A assaults B, which subsequently makes her fall onto C's property, which causes damages, will A be responsible *by way of* the doctrine of Transferred Intent (C can assert a cause of action against A for Trespass to Land)?

Thanks a lot!

Current Law Students / Funny Torts Hypo
« on: November 17, 2004, 02:16:11 PM »
"Bob is driving his car down the street when he sees Sally, his ex wife, driving in the opposite direction.  Bob, who is in bitter divorce proceedings with her, swerves his car towards her at high speed and at the last second swerves back into his own lane.  Sally in an attempt to avert the collision, pulls her car sharply to the right, loses control and enters Alex's front yard smashing into a tree.  The fire department has to cut up the tree in order to free Sally from the car.  She suffers a nervous breakdown and other physical injuries."

Discuss all parties' liability.

What (main and small) issues would you write about???

Current Law Students / Gore v. BMW - WTF?
« on: November 11, 2004, 09:49:09 AM »
BMW of North America, Inc. v. Gore (94-896), 517 U.S. 559 (1996)

Can anyone please explain to me how this does not "shock the law student conscience?"  How could a court even *consider* allowing ONE person to recover punitive damages on behalf of MANY people in ALL 50 states for apparent "fraudulent business practice" which was reduced to 25 states after research showed this is prudent businessmanship in those states.  I am not talking about the reasoning of a Class Action suit, but this particular case says to me that Alamaba is a Shama.   

One Car = $4k in damages + $4 million dollars in punitive for every car sold to other people (reduced to $2mil).

Talk about a windfall! 

What say you, counsel?

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