BLAW 2nd Exam

A ________ contract is defined as one that may be treated as void or valid at the option of the innocent party. a. Valid b. Void c. Voidable d. Unenforceable

C. voidable

An auction sale where the auctioneer sells the items without stating any minimum acceptable bid is said to be: a. with reserve b. subject to a condition subsequent c. conditional d. without reserve

D without reserve

Under what law in Mississippi can a person be justified in using force to protect themself from an intruder in their home or work place? a. Assumption of Risk b. Comparative Negligence c. Respondeat Superior d. Castle Doctrine

D. Castle Doctrine

Which of the following are examples of tort reform? I. Caps on non-economic damages II. Arbitration and mediation III. Limits on punitive damage awards a. I only b. II only c. III only d. I and III only e. I, II and III

D. I and III only

Patrick offers to buy Tyler's iPad. By what means can Tyler terminate Patrick's offer? I. Revocation II. Rejection III. Counteroffer a. I only d. II and III only b. II only e. I, II and III c. III only

D. II and III only

The mirror image rule applies to: a. an offer b. a rejection c. a revocation d. an acceptance

D. an acceptance

A(n) _____________contract is one that is technically valid, but a legal reason prevents the courts from enforcing it. a. Valid b. Voidable c. Void d. Unenforceable

D. unenforceable

Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time. a. True b. False

a. true

Malpractice is negligence committedby a doctor, lawyer, architect, pastor or other professional in the course of practicing their profession. a. True b. False

a. true

Oral contracts are sometimes valid. a. True b. False

a. true

Silence can be an acceptance of an offer if the offeree had a duty to speak up. a. True b. False

a. true

The terms "nuisance" and "trespass to property" refer to entirely different torts. a. True b. False

a. true

There is adequate consideration to support what might otherwise be a voidable contract when the value of what the first party to the contract receives under it is comparable to what he or she give to the second party. a. True b. False

a. true

To raise revenues, the City of Water Valley required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. (This is in addition to the sanitation inspection license.) While eating at Water Valley Taco Palace, Claire notices that Taco Palace's patio permit expired. Claire is still legally required to pay for her food. a. True b. False

a. true

When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present. a. True b. False

a. true

While hunting, Roger enters Adele's property without permission and is injured by falling into a deep hole that Adele dug which was obscured by brush that Adele deliberately covered it with. Under the common law, Adele is liable for Roger's injuries. a. True b. False

a. true

A(n) _______________contract is a promise, or set of promises, the breach of which the law provides a remedy. a. Valid b. Void c. Voidable d. Unenforceable

a. valid

Aunt Bea promises her 21-year old nephew, Opie, that she will pay him $500 if he will agree to quit smoking pot, even though Opie has a valid prescription for the drug. Under these circumstances, can Opie's agreement to quit smoking pot be consideration? a. Yes b. No

a. yes

Parker offers to sell his diamond earring to Kate. Lawrence overhears the offer and says, "I accept the offer." Can Parker still revoke this offer under these circumstances? a. Yes b. No

a. yes

Arnold wrote a defamatory letter regarding Bert which he mailed to Bert, and only showed to Bert's good friend, Stan. a. Arnold has committed the tort of slander. b. Arnold has committed the tort of libel. c. Arnold has committed neither libel nor slander. d. Arnold has committed both libel and slander.

b. Arnold has committed the tort of libel

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. Epresto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct? a. Trein is liable for tortious interference with a contract. b. E-presto is liable for tortious interference with a contract. c. Mia is liable for tortious interference with a contract. d. Both Mia and E-presto are liable for tortious interference with a contract.

b. E-presto is liable for tortious interference with a contract.

A contract with a person who is under a court ordered guardianship is voidable. a. True b. False

b. FALSE

If Jay is 18 years old, under Mississippi law, he is no longer considered a minor. a. True b. False

b. False

John was a licensed physician in Michigan. When John retired to Oxford, he started providing medical services to the people in his condo, relying entirely on his Michigan medical license. John's next-door neighbor, Isaac, owed John $2000 for medical services. John will be able to enforce the contract he made with Isaac. a. True b. False

b. False

Frank, an accountant, says to Missy, "I'll sell you my laptop for $100." Missy asks, "Will you give me until tomorrow to make up my mind?" "Sure," Frank replies. Which of the following is true? a. Frank cannot revoke his offer, no matter what. b. Frank cannot revoke his offer if Missy pays him $5 to keep the offer open until tomorrow. c. Frank can revoke his offer no matter what, because he is not a merchant. d. Frank can revoke his offer no matter what, because no promise was in writing.

b. Frank cannot revoke his offer if Missy pays him $5 to keep the offer open until tomorrow.

Which of the following is an example of an exculpatory clause? a. Creditor charges 38% interest on a loan. b. Seller is not responsible for property damage regardless of the cause of the injury. c. Buyer agrees to pay any costs of litigation. d. Employee agrees to never work for a competing company

b. Seller is not responsible for property damage regardless of the cause of the injury.

Most of tort and contract law have their origins in law. a. statutory b. common c. civil d. constitutional

b. common

The courts will find an implied contract when: a. justice demands it. b. conduct of the parties indicates they intended an agreement. c. there is promissory estoppel. d. there is undue influence.

b. conduct of the parties indicates they intended an agreement.

Theft is to criminal law as ___________ is to civil law. a. stealing b. conversion c. appropriating d. trespass

b. conversion

A valid contract can legally be voided by either party. a. True b. False

b. false

For purposes of tort law, a licensee is a person invited upon land as a member of the public or for a business purpose. a. True b. False

b. false

Karen offers to buy Joe's business law textbook. Joe is the offeror. a. True b. False

b. false

Kathy offers to sell Mies her house for $95,000, and she tells Mies that the offer will be open for ten days. By the eighth day, Mies has not accepted the offer and Kathy gets angry and she tells Mies that the house is no longer for sale. On the morning of the tenth day, Mies informs Kathy that he is accepting her offer of $95,000. Because Kathy promised to keep the offer open for ten days, Mies can still legally accept it under these circumstances. a. True b. False

b. false

Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory. a. True b. False

b. false

Paul promises to help Sherry study for her Business Law test if Sherry will go grocery shopping for him at Kroger. Sherry accepts this offer if she promises to go grocery shopping for Paul at Kroger a. true b. false

b. false

Under pure contributory negligence, each party's negligence is measured in terms of percentage of fault for the entire accident, and any damages allowable to the plaintiff shall be diminished in proportion to amount of negligence attributable to the plaintiff. a. True b. False

b. false

Which of the following will support a contract? a. an illusory promise b. giving a return promise c. past consideration d. a pre-existing public obligation

b. giving a return promise

A hunter who has permission to hunt on someone else's property falls into which category: a. Trespasser b. Licensee c. Invitee d. None of the above

b. licensee

Alexandra receives an e-mail at 1:30 p.m. on Monday offering her the job as executive producer of the Duck Dynasty television show. Uncle Si proposes to pay Alexandra an annual salary of $500,000. The e-mail states that she must accept the offer within 36 hours. Alexandra immediately overnights a counteroffer for $750,000 in salary and, a pink camo patterned duck boat, shotgun and duck call, but after realizing that she probably won't make that kind of money after graduation doing anything else, she e-mails Uncle Si around 10 a.m. the next morning and advises him in that e-mail that she accepts the original offer. If Uncle Si has already received Alexandra's overnight mail, is a contract formed? a. Yes b. No

b. no

The basic distinction between a bilateral contract and a unilateral contract is that: a. only one promise is involved in a bilateral contract. b. only one promise is involved in a unilateral contract. c. the Statute of Frauds applies to one and not the other. d. one is enforceable, the other is not.

b. only one promise is involved in a unilateral contract.

While they're sharing a bottle of wine, Carol says, "Pam, you're my best friend in the world. I just inherited a million bucks, and I want you to have some of it. Come with me to the bank tomorrow, and I'll give you $10,000." "Sweet!" Pam replies. Later that day, Carol has a change of heart. She is allowed to do so. Examine the list of the elements of a contract, and give the correct reason. a. The agreement was not put into writing. b. The agreement lacks a legal purpose. c. Pam did not give consideration. d. Pam does not have the capacity to make a contract.

c. Pam did not give consideration.

Fireman Mike rescued Karol's cat, Boomerang, from the top of a tall oak tree on South Lamar. Boomerang had been missing for 2 weeks, and Karol had put flyers all over town offering a $500 reward for Boomerang's return. Fireman Mike asks Karol about collecting the reward offer for returning her Boomerang. Karol has just taken Business Law and tells Fireman Mike that she doesn't have to pay it to him. Fireman Mike said had known that, he would have used a shotgun to get Boomerang out of the tree. What is Karol's reason for not paying Fireman Mike? a. No legally adequate consideration b. No legal capacity c. Pre-existing public duty d. Boomerangs always return on their own

c. Pre-existing public duty

Liza offers to help Helen do her laundry. By what means can Helen terminate this offer? I. Revocation II. Rejection III. Counteroffer a. I only b. II only c. III only d. II and III only e. I, II and III

d. II and III only

Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her. a. Jim is liable to Diane for defamation. b. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. c. Jim is liable to Diane for defamation only if she is a public figure. d. Jim is not liable to Diane for defamation.

d. Jim is not liable to Diane for defamation.

Which of the following acts resulting in injury would be negligence per se? a. Janet driving 5 mph under the posted speed limit. b. Ted keeping explosives in his private, locked garage in compliance with state law regulating the storage of such materials. c. A retailer selling glue containing benzene to a 19-year-old boy as allowed by state law. d. None of the above acts are negligence per se.

d. None of the above acts are negligence per se.

Joe accidentally knocked Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Who is liable? a. Sam, because of his negligent conduct. b. Sam, because Joe's conduct would be foreseeable. c. Joe, because his accidental conduct set everything in motion. d. Sam and Joe, because they both contributed to the harm.

d. Sam and Joe, because they both contributed to the harm.

Madelyn offers to sell James goods both parties know are stolen. James accepts the offer, and agrees to pay for the goods. Later, James refuses to accept or pay for the goods. If Madelyn sues James for breach of contract, what is the probable result? a. The law would enforce this valid, enforceable contract. b. James would win as this is a voidable contract. c. Madelyn would win as this is a unilateral contract. d. The law would not enforce James's promise, as it does not have a lawful purpose

d. The law would not enforce James's promise, as it does not have a lawful purpose

Which of the following is a valid defense to a defamation claim? a. The statement was true. b. The statement was only an opinion. c. The person making the statement made it only to the plaintiff, not to any third parties. d. All of the above.

d. all of the above

A sales clerk at Neilson's Department Store observed a customer remove some lipstick from a display case and put it in her purse. If necessary to stop the shoplifter exiting the front door of the store, Neilson's sales clerk can go so far as to tackle the customer in order to stop her from fleeing. a. True b. False

B. true

What duty of care does Miller owe someone who is intruding on her property? a. The duty not to intentionally harm him. b. The duty to warn him of obvious defects. c. The duty to warn him of hidden defects. d. The duty of reasonable care not to harm him

A. The duty not to intentionally harm him.

Alice offers to sell her car to Barry for $500, and Barry accepts. Alice's car has a market value of $1,000 but this fact is unknown to Alice. The contract is unenforceable. a. True b. False

B. False

Robert offers to sell Sam his home for $175,000. The offer is made on November 7, 2013, and Robert files bankruptcy on November 8, 2013. The bankruptcy court refuses to approve Robert's offer to Sam. Can Sam sue Robert for specific performance? a. Yes. b. No.

B. no

An unexcused violation of an applicable statute that injures another person causes a tortfeasor to be guilty of: a. Negligence per se b. Strict liability c. Gross Negligence d. Assumption of risk

a. negligence per se

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury would reduce Annette's recovery by: a. $20,000 b. $100,000 c. $80,000 d. nothing

a. $20,000

Which of the following statements about torts is correct? a. A tortious act may also be a criminal act. b. A criminal act is never a tortious act. c A tortious act is always a criminal act. d. None of the above is correct.

a. A tortious act may also be a criminal act.

Barb has been a children's day care provider for several years in the small town of Abbeville. She has decided to give it all up and move to the big city for excitement and adventure. Barb sells her business to Ken, agreeing not to open a competing business within five miles of Abbeville for a period of nine months. After five months of the big city life, Barb is broke and moves back to Abbeville. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result? a. Ken wins. The agreement is enforceable. b. Barb wins. The agreement is denying her the right to do the only thing she knows how to do. c. Barb wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain. d. Barb wins. The agreement is not reasonable as to time.

a. Ken wins. The agreement is enforceable.

A negotiable instrument, such as a check, is a type of formal contract. a. True b. False

a. true

Rebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer. See you June 1. Can't wait!" On June 1 Spike arrives, to find that his position is filled by Gus. He sues Rebecca. a. Spike wins compensatory damages. b. Spike wins $58,000. c. Spike wins $3,000. d. Spike wins restitution. e. Spike wins nothing.

a. Spike wins compensatory damages

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur. a. True b. False

a. True

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. a. True b. False

a. True

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a. Yes, as his conduct was intentional. b. Yes, but only if Adam intended to cause Linda serious emotional distress. c. No, since he was only playing a practical joke. d. No, since Linda was not physically hurt by Adam.

a. Yes, as his conduct was intentional.

Which of the following are the two basic elements to consideration? a. Bargained-for exchange and legal sufficiency b. Legal detriment and legal benefit c. Legal sufficiency and legal adequacy d. Promise and forbearance

a. bargained-for exchange and legal sufficiency

Which of the following is not an essential element of an offer? a. Consideration b. Intent to make a contract c. Definiteness of terms d. Communication to offeree

a. consideration

Nick picks up a six-pack of Budwseiser and a 2 pound bag of Oreos at James FoodCenter. Before getting to the check-out counter, he opens the Oreos and eats about half a bag. Nick then washes down the cookies with a couple of beers. When he signs the charge ticket that Zerk gives him, Nick has made a(n) a. express contract b. formal contract c. quasi contract d. implied contract

a. express contract

A bank officer forges the signatures of his customer on a promissory note. This note is void as a result of: a fraud in the inducement b. fraud in the execution. c. negligent misrepresentation d. none of the above

a. fraud in the inducement

Mark works as a bartender at The Blind Pig, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Blind Pig sues. What result? a. Since this is an illegal contract, the courts will not enforce it. b. Since Mark violated a regulatory statute, the contract is unenforceable. c. Since this is a revenue-raising statute, The Blind Pig wins. d. Since this is a revenue-raising statute, the licensing law is unconstitutional. Craig wins

c. Since this is a revenue-raising statute, The Blind Pig wins.

Public policy means the law that comes from the: a. state legislature. b. executive branch of the government. c. courts that decide what would have a negative impact on society. d. Constitution.

c. courts that decide what would have a negative impact on society.

Which of the following is NOT and element of a tort cause of action: a. Duty b. Breach of Duty c. Probable cause d. Damages e. None of the above

c. damages

After the final out of the World Series, Dean orders a new Red Sox championship edition hat from Amazon. At the moment he submits his order, Dean andAmazon have an ______________ contract. Two days later, Amazon delivers the hat to Dean's house, and Dean's credit card has cleared. At this point, Dean and Amazon have an ______________ contract. a. executory; executory b. executed; executory c. executory; executed d. executed; executed

c. executory; executed

is defined as the wrongful confinement or detention of a person against his or her will. a. Malicious prosecution b. Outrageous Conduct c. False imprisonment d. Fraud

c. false imprisonment

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will: a. prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury. b. lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries. c. lose because Kelly had no legal duty to rescue him. d. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

c. lose because Kelly had no legal duty to rescue him.

Rodney was employed by Deluxe Discount Store. Rodney's manager directedhim to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of: a. larceny b. misrepresentation c. trespass d. conversion

c. trespass

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would: a. win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury. b. win based on negligence per se. c. lose because the court would apply the doctrine of res ipsa loquitur. d. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

d. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

The Uniform Commercial Code governs contracts for: a. services b. employment c. real estate d. none of the above

d. none of the above

Assume that Chris goes to Algonquin J. Calhoun, Esquire, to represent him for a DUI and after verbally agreeing to do the work for Chris, Calhoun charges him $5,000, which is a fair fee. Chris takes bankruptcy after Calhoun gets the DUI dismissed, and the lawyer's bill is discharged. Is this debt void, valid, voidable or unenforceable? a. Valid b. Void c. Voidable d. Unenforceable

d. unenforceable