Legl2700 Exam 2 2024 Testbank

Easement by Prescription {Ans: Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years. Once acheived, you cannot get rid of it.}Dram Shop Laws {Ans: In general, provide consistent guidelines about who is responsible when third parties suffer because of an intoxicated person's actions-will vary from state to state.}Easement by Reservation {Ans: Occurs when an owner sells land that he or she owns to another party but reserves an easement on the sold land}Coastal Oil & Gas Corp v. Garza Energy Trust et. al (2008) {Ans: Tracts of land, aka salinars, were leased out for fracking purposes. Coastal leased a salinar and later shut it down to buy a tract next door to the salinar. Courts said that Coastal's actions were protected by the rule of capture}Enforceable {Ans: Agreement will be upheld in court}Elements of Consideration {Ans: -Receipt of Legal Benefit or Suffering of Legal Detriment -Accord and Satisfaction -Negotiable Instruments -Prior Consideration -Preexisting Contract}Title {Ans: Ownership represented by a physical document registered with the state for certain resources}Res Ipsa Loquitur {Ans: The thing peaks for itself.