Author: uslawessentials

What is Negligence?

Negligence is what people in an everyday conversation would call carelessness or an accident. Negligence is a type of tort, called an unintentional tort. Because it is a tort, plaintiffs who have been injured as a result of negligence have the right to recover for their injuries in a civil lawsuit. To prevail in a claim for negligence, plaintiff must prove the four elements of negligence: (i) defendant owed a duty of reasonable care to plaintiff; (ii) defendant breached that duty; (iii) defendant’s  breach of his duty caused; (iv) plaintiff’s damages. Duty By duty we mean that defendant had an obligation to plaintiff...

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What is a class action? by Daniel Edelson | Jan 16, 2015 | Uncategorized | 0 CommentsA class action is where a single party, or perhaps a few parties, represents a larger group in a civil litigation.  Usually a class action is brought by plaintiffs, but sometimes a group of defendants can be a class, too.I think it is helpful to think... Thanks for the review! by Daniel Edelson | Jan 9, 2015 | Uncategorized | 0 CommentsThanks for the review of my Udemy course...Wonderful Introduction to US Contract LawI really enjoyed taking this course. The instructor has a clear and pleasant speaking voice that made it easy to understand the material being taught. Each topic covered in... New class action video and civ pro quiz! by Daniel Edelson | Jan 9, 2015 | Uncategorized | 0 CommentsI have a new quiz on US  federal civil procedure.  Give it a shot and let me know what you think.  Also, speaking of civ pro, I have a new video up on class actions on my YT... Join hundreds of students learning contract law on Udemy with USLawEssentials! How does it compare to YouTube? by Daniel Edelson | Jan 8, 2015 | Uncategorized | 0 CommentsI now have a course up on Udemy.  About 200 students signed up for the course and I'm wondering how the experience compares to YouTube.  Personally I like both very...

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Agency by estoppel test

In an agency by estoppel a defendant will be liable to a plaintiff because the defendant’s negligence or intentional acts caused the plaintiff to reasonably rely on there being an agency relationship between the defendant and someone who purported to act on behalf of the defendant. As a general rule,  a person can bind someone else to a contract if he has authority as an agent to act on that person’s behalf.  The person on whose behalf the agent is acting is called the principal.   For example, a salesperson (agent) can bind his company (principal) to a sales contract because he has authority as an agent to represent the company.   If an agent sells a house on the owner’s (principal) behalf the  owner can’t suddenly refuse to sell the house. Naturally, the result is different if a person is not really an agent.  If a person pretends to be a salesperson for a company he can’t force the company to honor a contract – – the “salesperson”  is an imposter and no agency relationship exists with the company. Courts will apply an exception where a person or company is careless and as a result a third party reasonably relies on the existence of an agency relationship.   For example, let’s say an imposter goes around purporting to act as a salesperson for an electronics store that sells television sets.  The...

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