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Legal Research & Writing

Demurrer

Black’s Law Dictionary (10th ed.2014)

Demurrer: A means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made by disputing that they frame an adequate claim. Demurrer is commonly known as a motion to dismiss.

View the full definition on Black’s Law Dictionary

Restatement of Contracts 2d

Counter-offers

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

(2) An offeree’s power of acceptance is terminated by his making a counter-off, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

The answer and more can be found in the comments section of SS39 of the Restatement of Contracts 2d – Counter-offers

testing footnote

What is common law and is it written by the courts of law?

Common Law
The origin of the Anglo-American legal systems. English common law was largely customary law and unwritten, until discovered, applied, and reported by the courts of law. In a narrow sense, common law is the phrase still used to distinguish case law from statutory law.

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WestLaw Law School Registration Key

05/21

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Negligence defined

Restatement (Second) of Torts § 282

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

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