Module Quizzes: Chapter 1, 4, 7, 8, 9 and 10

True or False In effect, a counteroffer converts the original offeror into an offeree with the power of acceptance.

True

True or False Civil law has to do with wrongs committed against society for which society demands redress.

False

True or False If a person was sufficiently intoxicated to lack mental capacity, his or her contracts are void.

False

True or False In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

False

True or False One element necessary for an effective offer is the terms must be reasonable.

False

True or False One of the purposes of criminal law is to compensate the victims.

False

True or False Performance, such as a payment of funds or a delivery of goods, must take place for a bilateral contract to be formed.

False

True or False Putting up an item for sale on an online auction site is an offer.

False

True or False An innocent party who does not suffer harm as a result of misrepresentation can nevertheless collect damages.

False

True or False Defamatory statements made via the Internet are not actionable because they are protected by the First Amendment's guarantee of freedom of speech.

False

True or False Expenses incurred because of a breach of contract to obtain performance from another source are not recoverable in a suit for breach.

False

True or False In a criminal case, the object is to obtain a remedy.

False

True or False In the context of fraudulent misrepresentation, an opinion is objective and verifiable, whereas a fact is subject to debate.

False

True or False It is the motive behind the intent—not the intent—that is important in tort law.

False

True or false? A precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

False

True or False When a contract mistakenly specifies a crane instead of a forklift, a court could reform the contract to reflect the parties' original intent as to the equipment.

True

True or False When a seller breaches a contract for a sale of goods, knowing the buyer plans to resell the goods, the buyer can recover the lost profits from the planned resale.

True

True or False When both an owner and a contractor breach a construction contract, a court will attempt to strike a fair balance in awarding damages.

True

True or False For purposes of fraudulent misrepresentation, scienter clearly exists if a party asserting a fact knows it is not as stated

True

True or False For the purpose of tort liability, intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

True

True or False: Courts give significant weight—deference—to an agency's judgment and interpretation of its rules.

True

True or False A contract clause that releases an employer from liability for any injury to an employee, no matter who is at fault, is generally enforceable.

False

True or False A contract entered into by a mentally ill person during a lucid interval is nevertheless void.

False

True or False A court will grant specific performance as a remedy only when the legal remedy is adequate.

False

True or False A minor can enter into any contract an adult can, without exception.

False

True or False An offer that can be accepted simply by a promise to perform does not create a binding contract.

False

True or False Crimes are sometimes prosecuted by crime victims rather than by a public official.

False

Car Lot's salesperson Dick offers to sell Ernie, who is twenty years old, a car. Dick intentionally misrepresents the vehicle's use and repairs. In reliance, Ernie buys the car. To prove fraud, Ernie does not have to show that 1. Dick intentionally deceived Ernie. 2. Dick misrepresented material facts. 3. Ernie is under twenty-one. 4. Ernie justifiably relied on Dick's misrepresentations.

3. Ernie is under twenty-one.

Steel Mill Inc. makes an offer to Tom to enter into a contract to work as a mechanical engineer for a certain salary for one year subject to a five-year renewal based on his performance. Tom accepts the offer. This is a valid contract because it includes 1. a price and a subject. 2. a duration and termination. 3. an offer and an acceptance. 4. specific quality standards.

3. an offer and an acceptance.

Primary sources of law include 1. legal encyclopedias. 2., official comments to statutes. 3. case law. 4. legal treatises.

3. case law.

True or False Any time that one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

True

True or False Controlling precedents are binding authorities.

True

True or False Generally, neither party to an illegal contract can sue for breach.

True

True or False Persuasion that induces a person to act according to the will of a dominant party is undue influence.

True

True or False Rejection of an offer is effective only when it is actually received.

True

True or False Restitution may be available in situations when damages cannot be proved or are difficult to prove.

True

True or False The Statute of Frauds operates as a defense to the enforcement of an oral contract for the sale of land.

True

True or False The offeree must accept the offer without adding or changing any terms.

True

Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to 1. Dale and Esty. 2. Dale only. 3. Esty only. 4. none of the parties.

1. Dale and Esty.

Jan tells Lee she will pay him to babysit her son Mark weekday evenings for six months. Lee agrees. Jan and Lee have formed 1. a bilateral contract. 2. a unilateral contract. 3. a void contract. 4. an unenforceable contract.

1. a bilateral contract.

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is 1. a misdemeanor. 2. a felony. 3. a civil wrong. 4. a tort.

1. a misdemeanor.

The Uniform Commercial Code facilitates commerce 1. among the states. 2. between the states and the federal government. 3. in countries that were once colonies of Great Britain. 4. in international markets.

1. among the states.

Cass, a certified public accountant, agrees to perform an audit for Drone Distribution Inc. These parties are most likely to follow the rules of contract law in order to 1. avoid potential disputes. 2. acquire business acumen. 3. obtain confidential information. 4. satisfy a moral obligation.

1. avoid potential disputes.

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is 1. defamation. 2. not defamation because Dylan was employed by Federal Circuits. 3. not defamation because Dylan was not employed by Electrical Works. 4. not defamation because the review was not published.

1. defamation.

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery 1. even if Ichiro was only slightly at fault. 2. only if Ichiro and Heather were equally at fault. 3. only if Ichiro was less at fault than Heather. 4. only if Ichiro was more at fault than Heather.

1. even if Ichiro was only slightly at fault.

Dex sells a motorcycle to Elton without disclosing that the odometer, which reads 10,000 miles, was disconnected 100,000 miles ago. Dex is most likely liable for 1. fraudulent misrepresentation. 2. none of these choices are correct. 3. undue influence. 4. puffery.

1. fraudulent misrepresentation.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as 1. statutory law. 2. the basis of all laws in the United States. 3. the supreme law of the land. 4. uniform law.

1. statutory law.

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when 1. Sid violated the health code. 2. Sid offered the bribe. 3. Tina accepted the bribe. 4. Tina overlooked the violations.

2. Sid offered the bribe.

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is 1. a misdemeanor. 2. a felony. 3. a civil wrong. 4. a tort.

2. a felony.

Red offers to pay Sara to deliver certain documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Red and Sara will have 1. a bilateral contract. 2. a unilateral contract. 3., a void contract. 4. an executive contract.

2. a unilateral contract.

Apps LLC enters into a contract with Birk, the chief executive officer of Corporate Sales Inc., to create an app for the firm. To fulfill the contract, Apps hires Dave as a student intern. With respect to the app contract, Dave is 1. an intended beneficiary. 2. an incidental beneficiary. 3. a promisee. 4. a promisor.

2. an incidental beneficiary.

Sara enters into a contract to sell her condo to Ted for a certain price on a specific day. On that day, Sara unconditionally offers to perform. Sara's offer 1. conditions Ted's promise to pay for the property. 2. constitutes tender of performance. 3. excuses the parties' performance under the contract. 4. suspends the parties' contractual obligations.

2. constitutes tender of performance. (not sure)

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is 1. robbery. 2. embezzlement. 3. larceny. 4. wire fraud.

2. embezzlement.

Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for 1. product misuse. 2. fraud. 3. privity of contract. 4. comparative negligence.

2. fraud.

Ileana hires Jim to mow Ileana's lawn every Friday. Although they do not discuss the terms of payment, after each of the first three Friday mows, Ileana pays Jim on Saturday. The payment term is 1. express. 2. implied. 3. quasi. 4. non-existent.

2. implied.

Secondary sources of law include 1. state constitutions. 2. legal scholars' research. 3. laws passed by local governing bodies. 4. regulations created by administrative agencies.

2. legal scholars' research.

A constitution sets forth a government's 1. limits, but not powers 2. limits and powers. 3. neither limits nor powers. 4. powers, but not limits.

2. limits and powers.

At Mattress Store, Nate signs a contract to buy bedroom furniture. The contract sets a schedule of $500 monthly payments, subject to a late fee of 15 percent. Nate finds the language of the contract difficult to understand. This is most likely 1. an exculpatory contract. 2. procedural unconscionability. 3. substantive unconscionability. 4. an enforceable contract.

2. procedural unconscionability.

Bob devises a scheme to send fraudulent e-mailed ads—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Bob intends to obtain money and personal data. This is 1. robbery. 2. wire fraud. 3. larceny. 4., no crime.

2. wire fraud.

Rita contracts to work for Social Media Corporation (SMC) during April for $4,500. On March 31, SMC cancels the contract. Rita declines a similar job with Tech Talk, Inc., which would have paid $3,500. Rita files a suit against SMC. As compensatory damages, Rita can recover 1. $4,500 2. $3500 3. $1000 4. $0

3. $1000

Leo is accused of a crime. To obtain information about the crime from Leo, the state can 1. bribe Leo in a way that serves the public interest. 2. force Leo to provide information that can be used to prosecute him. 3. grant Leo immunity from prosecution. 4. none of the choices.

3. grant Leo immunity from prosecution.

Movers LLC promises to deliver a certain couch to Nora, who promises to pay for the service. If Movers does not perform, it may be required to 1. cease business. 2. make another promise. 3. pay damages. 4. perform a different service.

3. pay damages.

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to 1. compensate for her total losses. 2. put her into the same position she would have been in if the tort had not occurred. 3. punish the defendant and deter others from similar wrongdoing. 4. all of the choices are correct.

3. punish the defendant and deter others from similar wrongdoing

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by 1. the Fourth Amendment. 2. the Fifth Amendment. 3. the Sixth Amendment. 4. state law, not the U.S. Constitution.

3. the Sixth Amendment.

When price changes make the performance of a contract costly, compliance with the terms may most certainly be obtained through 1. the adversely affected party's sense of duty. 2. both parties' good faith. 3. the principles of contract law. 4. the innocent party's sense of rightness.

3. the principles of contract law.

Reed agrees to sell his Sports Equipment store to Taylor. As part of the sale, Reed promises not to open a similar, competing store anywhere. This promise is most likely 1. invalid because it is part of a sale of an ongoing business 2. invalid because of the unreasonable terms of area and time. 3. valid because it is part of a sale of an ongoing business. 4. valid if both parties are justifiably ignorant of the fact.

3. valid because it is part of a sale of an ongoing business.

Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely 1. enforceable. 2. quasi. 3. void. 4. voidable.

3. void.

Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its market value. This contract is enforceable if, at the time, 1. Efron's intoxication was purely voluntary. 2. Gretel fraudulently induced Efron to become intoxicated. 3. Gretel was also intoxicated. 4. Efron understood the legal consequences.

4. Efron understood the legal consequences.

Big Dig LLC makes an offer to perform excavation and related tasks for Commercial Development Corporation, but due to a substantial mathematical mistake, significantly underprices the work. Commercial accepts the offer. Data Big's best defense against enforcement of the contract is that Commercial 1. a bilateral mistake supports the cancellation of a contract. 2. a mistake of value supports the cancellation of a contract. 3. a unilateral mistake supports the cancellation of a contract. 4. the price was below the prices of comparable services.

4. the price was below the prices of comparable services.

Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes 1. only those risks that she agrees to assume. 2. no risk in this situation. 3. any risk—contemplated or not—associated with the race. 4. the risk of being injured in a crash.

4. the risk of being injured in a crash.