Oak Brook College of Law
- Promissory Estoppel Doctrine
Where a promissor makes a promise which he should reasonably foresee to induce the promisee's action or forebearance, the courts will enforce the promise to the extent necessary to prevent injustice.
Oak Brook College of Law
- Doctrine of Res Ipsa Loquitur
A breach of defendants duty may be presumed or inferred 1. if an accident occurs which does not normally occur in the absence of negligence, 2. if the source of the negligence which must have occurred lies within the scope of duty owed by defendant to plaintiff, and 3. if it can be demonstrated that neither plaintiff nor any third person contributed to plaintiff's injury.
Oak Brook College of Law
- Pre-existing Duty Rule
Performance of a pre-existing legal duty is not sufficient consideration to support a contract. Performance of a pre-existing legal duty is not sufficient consideration to support a contract. Performance of a pre-existing legal duty is not sufficient consideration to support a contract.
Oak Brook College of Law
- Trespasser
A trespasser is someone who comes onto the owner'occupier's land without permission. A land owner'occupier owes no duty to an unknown trespasser. To a known frequent trespasser, a land owner'occupier owes a duty to correct or warn of any known, latent, artificial conditions on the property which involve a risk of serious bodily injury or death, as well as any activities which involve a latent risk of harm.
Oak Brook College of Law
- Attractive Nuisance Doctrine
Where the trespass of children is foreseeable, a land owner owes a duty to exercise ordinary care to avoid a reasonably foreseeable risk of harm which results from the child's inability to appreciate the risk.
