Chapter 8 1.Warranty deeds: pass good clear title to propertyQuitClaim Deeds: passes title, but does not guarantee that the title is good2. Tenancy in common: each owner has an undivided interest in property (right to alienate and x-fer)Joint Tenancy: each owner has an equal undivided interest in property.Right of survivorship: upon the death of one Joint Tenant, the surviving owner receives the decedent’s interest in possession.3. Easements: right to enter the land of another and make use of it for a specific reason( electriclines, sewage pipelines, public sidewalk)Covenants: Contractual terms governing property use within a state( house maintenance or restrictions for altering the structure)4. Adverse Possession: Way to gain ownership of the property of another1. Must be actual possession2. Must be open and visible 3. Hostile, without consent from the owner4. Exclusive 5. Nuisance Public- Something that interferes with the right held in common by the general public( construction zones, large scale odors)Private-Interferes with the use or enjoyment of your own land. (loud music from your neighbor)6. Rights and duties of tenants and landlordsTenants: Right of possession during leaseRight to exclude other partiesRight of constructive eviction-( allows tenants to get out of the lease early if the LL does not make repairs making the leasehold uninhabitable)Cannot commit waste (damage to landlords property)Landlord-Duty to make essential repairs Right to reclaim the estate at the end of the leasehold Right of enter premises in an emergency ( flood, fire) 7.Eminent Domain (Taking)-Right to take private property for public use, without consent of the owner, with just compensation to the owner.VSPolice Power (zoning)- Right to regulate private property. Do not have to compensate the property owner.8. Premises Liability Trespassers- owner of property not liable for trespasser injuries ( unless intentionally injured)Social guests/ Public invitees- Property owners are liable for injuries of guests and public invitees( duty to warn of foreseeable dangers on property)9. Premises Liability for criminal activities- Building owner must provide reasonable security against foreseeable criminal activities. (Security guard, well lit entry ways, locked doors)Chapter 9-Intellectual Property10. Trademarks- A symbol that a manufacturer puts on a good that makes it easily identified (nike, apple, LG)i. Arbitrary/Fanciful- highest protection, most favored, inherently distinct or unrelated to the product. (Starbuck’s Mermaid, Mcdonalds golden arches, kodak)ii. Suggestive- a hint at the product (chicken of the sea or Habitat Home builders).iii.Descriptive- simple describe the product. Must have acquire customer recognition of the product for registration (Holiday INN)IV. Generic- Common names or images that do not refer to specific products (escalators).11. Trade Dress- protect the look and feel of products, and layout of establishment. (olive garden, texas steak house) 12. Copyright-Scope: written works/documents, includes music and novelsDuration- good for authors entire life +70 years.13. Fair Use Doctrine- allows limited use of copyright material and trademarks without acquiring permission from the rights holders. Ex:commentary, criticism, news reporting, research, teaching, library archiving and scholarship.14. Patents-Scope:exclusive right to make, use, or sell a product/invention Duration- 20 years.15. Trade secrets I. Information not known by the competition II. Business would lose its advantage if info was received by competitionIII. Owner has taken reasonable steps to protect the secret from disclosure16. Goodwill- Reputation of the company, benefit from established business and secured customers.Chapter 10-Contracts/Chapter 11- Domestic and International sales17. Common Law- Judge made law governing contracts → Real estate, services, Intangible goods (bank accounts)VSU.C.C Contracts (U.C.C.= uniform Commercial code)- Covers contracts for the sale of goods → Moveable tangible goods 18. Express- Oral or written statements by the parties promising to enter into a contactImplied Contracts- actions and circumstances which infer and define the terms of the contract. (Like when you get in a taxi)19. Unilateral- only have one promise (usually accepted by performance)Bilateral Contracts- ( two promises) promise for a promise. Both parties have given a promise orthe offer can only be accepted by a second promise.20. Quasi Contracts- Not a true contract. Legal concepts used by courts to prevent injustice. It isrecognized when a benefit is given by one party to another. ( doctor helping unconscious victim)21. Elements of an offer-I. Manifestation II. Offer needs to be definite,III. Actual communication22. Revocation- withdrawing of an offer by the offeror Option contracts-Holds an offer open for a period of time, but you have to pay for the option (payment of $1000 for the offer to buy a house to remain open for 3 days).23. Firm Offer- applied under the UCC. Signed writing from a merchant that an offer will remain open for a given period of time. A firm offer is irrevocable for up to 3 months.24. Rejection- by the offeree- saying NO to the offerCounter offer= Rejection under Common law. A counteroffer is the same thing as saying no, rejecting original offer, but you are keeping negotiations open by counter offering additional/ different terms than the original offer.25. Acceptance-Mirror-Image Rule- Terms Must be the same conditions as the original offer( at common law)Mailbox rule-Acceptance is good upon dropping it in the mail. Where acceptance is given by the offeree BEFORE notice of revocation by the offeror, a contract exist.26. Consideration- Need Consideration to be a contract, some type of bargained for exchange.a. Adequacy- each party must have a valued interest in the contractb. Mutuality- legal benefit or detriment to both parties 27. Promissory Estoppel- Court will enforce a contract without consideration to prevent injustice.28. Remedies-Legal-$$$ Damages are moneyEquitable- Specific performance ( court forces you to complete your part of the contract)29. Economic loss rule- Cannot sue in tort over a purely monetary breach of contract claim.30. Statute of Frauds- Certain Contracts are only enforceable if they are in WRITING1. Sale of land/property2.Contracts that cannot be performed within one year3. Promise to pay the debt of another( co-signer or repaying brothers gambling debts)