Legal Doctrine Clarifications

Summary

The legal doctrine of respondeat superior holds employers liable for employees wrongful acts within their employment scope, not to be confused with res ipsa loquitur. Impossibility can terminate a contract offer if performance becomes unfeasible. Landlords must mitigate damages by re-renting, not just repairing. Inventions are best protected by patents, not trademarks. Contract assignments have exceptions, especially for personal services. Friends buying property without filing are likely in a general partnership, not limited. Tenancy in common is common for co-owned property. Defective products breach the implied warranty of merchantability, not habitability. The parol evidence rule limits external contract evidence, unrelated to criminal pasts. Strict liability applies regardless of caution in certain cases.

Full Conversation

Impossibility is one way to terminate an offer. Group of answer choices True False
True. In contract law, the doctrine of impossibility can terminate an offer if it becomes impossible to perform due to circumstances beyond the control of the parties involved.
Do you have any specific legal questions or issues you need assistance with?
A landlord's duty to mitigate damages means that the landlord must repair damages promptly. Group of answer choices True False
False. A landlord's duty to mitigate damages typically means that the landlord must make reasonable efforts to re-rent the property to reduce the amount of damages owed by a tenant who has broken the lease, rather than repairing damages promptly.
Do you have a specific issue or question related to landlord-tenant law that you need help with?
The best way to protect an invention is to trademark it so that everyone knows the origin of the creator of the invention. Group of answer choices True False
False. The best way to protect an invention is to patent it, not trademark it. Patents provide exclusive rights to the inventor to make, use, and sell the invention for a certain period. Trademarks protect brand names and logos used on goods and services.
Do you have any specific questions about protecting your invention?
As long as a contract allows for it, parties can always assign their duties and delegate their rights. Group of answer choices True False
False. Even if a contract allows for assignment and delegation, there are exceptions where it is not permissible. These include:
- When the duties involve personal services or skills unique to the original party.
- When the assignment or delegation would significantly change the terms or risks for the other party.
Do you have a specific question or situation related to contracts that you need help with?
Two friends purchase a duplex together. They each agreed that they would rent each unit out and equally split any income left after expenses are paid. The friends have not filed anything with their state for their business.   The friends are operating a limited partnership. Group of answer choices True False
False. The friends are not automatically operating a limited partnership simply because they have not filed any paperwork. They could be considered a general partnership, which does not require formal filing with the state.
Do you have any specific questions about forming a business entity?
Same scenario with the friends buying the duplex- If one friend lived in one of the units, it would have to pay rent to the friend that doesn't live there. Group of answer choices True False
False. In the scenario where one friend lives in one of the units, the agreement terms would determine if rent is necessary. If they agreed to split rental income, the friend living in the unit may need to compensate the other for lost rental income. Do you have any questions about co-ownership agreements?
Same scenario with the friends buying the duplex- If they only use the property for short term rentals, the type of lease they offer is a periodic tenancy Group of answer choices True False
False. A periodic tenancy is typically a month-to-month rental agreement with no fixed end date and is not commonly used for short-term rentals. Short-term rentals usually operate under vacation rental agreements or short-term lease agreements, which are structured differently.
Do you have any other specific questions about property rentals or leases?
Same scenario with the friends buying the duplex- The friends own the property as a tenancy in common Group of answer choices True False
True. If the friends have purchased the duplex together and there is no specific agreement stating otherwise, they most likely own the property as tenants in common. This form of ownership allows each party to hold an individual, undivided ownership interest in the property.
Do you have any additional questions about tenancy in common or property ownership?
You bought a basketball from a sporting good store. When you take it home, you realize that no matter how much air you pump into it, the ball goes flat almost instantly. This ball breaches the implied warranty of habitability. Group of answer choices True False
False. The implied warranty of habitability applies to rental properties and ensures that they are livable and safe. In the case of a defective basketball, it is more likely a breach of the implied warranty of merchantability, which ensures that a product is fit for ordinary use.
Do you have any other questions regarding consumer rights or product defects?
The parol evidence rule states that you are not allowed to use a party's criminal past as evidence to support a breach of contract claim. Group of answer choices True False
False. The parol evidence rule actually prevents parties from using prior or contemporaneous external evidence to contradict or add to the terms of a written contract. It does not relate to using a party's criminal past in breach of contract claims.
Do you have any other specific legal questions or need clarification on a legal concept?
If I'm held liable for an injury, regardless of how caution and rational I was acting, this is an example of strict liability. Group of answer choices True False
True. Strict liability applies when a party is held liable for damages or injuries regardless of their level of caution or intent. This is often seen in cases involving inherently dangerous activities, defective products, or certain animal-related injuries.
Do you have a specific legal issue or question related to strict liability?