Test 2 - Quiz review

A. The terms of the offer are definite

An essential element of an offer includes which of the following: A. The terms of the offer are definite B. The offer is irrevocable C. The offer is in writing D. All of the above

C. What the reasonable offeree would believe Chris intended based on the objective theory of contracts

Ann Ashley claims that Chris breached their contract. Chris responds that he never intended to enter into a contract with Ann Ashley. The intent to enter into a contract is determined with reference to: A. Whether there was a written agreement B. What Chris actually intended C. What the reasonable offeree would believe Chris intended based on the objective theory of contracts D. The subjective theory of contracts

B. Makes the offer irrevocable for three days if Braxton accepts the $100 offer

Braxton offers to sell a warehouse to Mary. Mary says that she will pay Braxton $100 to hold the offer open for three business days. This: A. Creates an illegal contract by adding a clause to Braxton's offer B. Makes the offer irrevocable for three days if Braxton accepts the $100 offer C. Negates Braxton's offer by changing the price term D. Voids Braxton's offer by extending the time term

B. Mitigate his damages

Elaine enters a one-year apartment lease with Bob calling for a monthly rent of $600. Seven months into the lease Elaine moves out of the apartment without giving Bob any notice. Before Bob can claim $3,000 in damages from Elaine, he should probably take steps to: A. Exculpate his liability B. Mitigate his damages C. Formally rescind the lease contract with Elaine D. Seek a writ of attachment for Elaine's property E. None of the above

B. A material breach of the contract

If a party's performance is substantially different from the requirements of the contract, there has been: A. Substantial performance B. A material breach of the contract C. An immaterial breach of the contract D. (a) and (c) E. None of the other choices

A. May commence suit immediately and need not wait for the scheduled time of performance

If an anticipatory breach occurs, the non-breaching party: A. May commence suit immediately and need not wait for the scheduled time of performance B. Must wait until the time for performance before commencing suit C. Must wait until the time for performance, but then is only entitled to specific performance D. None of the above

B. That degree of care a reasonably prudent person would exercise under similar circumstances

In a negligence case, the degree of care required of a person is: A. That degree of care an extraordinary person would exercise under similar circumstances B. That degree of care a reasonably prudent person would exercise under similar circumstances C. That degree of care of the reasonable licensee D. That degree of care the person exercised in the situation at hand

D. Duty of due care, breach, causation, foreseeable harm, and injury

In a negligence case, the plaintiff must establish: A. Duty, strict liability, causation, and injury B. Mens rea, breach, foreseeable harm, and injury C. Duty, actus reus, foreseeable harm, and causation D. Duty of due care, breach, causation, foreseeable harm, and injury

A. The judge

In a negligence case, whether a duty of care exists is decided by: A. The judge B. The jury C. Both (a) and (b) D. None of the above

D. Yes, John has committed battery

John puts poison in Phil's Gatorade. Phil doesn't drink the Gatorade until a week later. Phil gets extremely sick from the Gatorade. Does Phil have a tort cause of action, and if so, what? A. No, there is no tort action available for John's conduct B. No, this is simply a criminal act C. Yes, John has committed assault D. Yes, John has committed battery

A. Committed a battery

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has: A. Committed a battery B. Committed an assault C. No liability if he has not yet reached the age of majority D. Not committed a tort because he did not have the intent to harm E. None of the above

C. This is a modification of a preexisting contract, which under common law must be supported by additional consideration on the part of Bravo

Marilyn contracted with Bravo, Inc. to build an addition to her house for $15,000. After completing 1/3 of the work, Bravo decides to charge an additional $5,000 for the job. Assuming Marilyn agrees, which of the following is correct? A. Marilyn will have to pay $20,000. B. This is a new contract which is enforceable. C. This is a modification of a preexisting contract, which under common law must be supported by additional consideration on the part of Bravo D. This is the settlement of a debt that requires no additional consideration on the part of Bravo Builders.

B. Mark has NO duty to help the girl

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true? A. Mark MUST help the girl or he will be liable for negligence B. Mark has NO duty to help the girl C. Mark must help the girl ONLY if he knows her D. Mark MUST help the girl if he is the girl's uncle

D. None of the above

On Monday, George said to Benton, "I am going to kill you on Friday." George has committed: A. Assault B. Battery C. Both Assault and Battery D. None of the above

C. A unilateral contract which Neil may not revoke

On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had: A. An expired contract when Neil said that he had changed his mind B. A bilateral contract when Neil said that he would pay for certain work C. A unilateral contract which Neil may not revoke D. No contract

B. Self-defense

Sydney is attacked by Ryan while Sydney was getting out of her car in a store parking lot. In response, Sydney punches Ryan in the face, breaking Ryan's nose. When Ryan sues Sydney for battery, Sydney is likely to use ________ as a defense. A. Defense of property B. Self-defense C. Consent D. Privilege E. None of the above

A. Acceptances

The "Mailbox Rule" governs: A. Acceptances B. Offers C. Revocations D. Both (A) and (B)

C. An acceptance must mirror the offer

The "Mirror Image Rule" states: A. An offer must mirror the offeror's intent B. An acceptance must mirror the offeree's intent C. An acceptance must mirror the offer D. The offer must mirror the UCC requirements

C. The defense of insanity

The crime of battery differs from the tort of battery in which of the following ways: A. The elements the plaintiff or the government must prove B. The defense of consent C. The defense of insanity D. All of the above

D. None of the above

The duty of care owed to an adult trespasser is: A. To warn of any known dangerous activities B. To inspect the premises for any dangerous conditions C. Both (a) and (b) D. None of the above

A. Invitee

The highest duty of care owed by a landowner is to a: A. Invitee B. Trespasser C. Licensee D. Both (a) and (b) E. None of the above

B. The but for test

The legal test used to determine actual causation for a negligence cause of action is: A. The foreseeability test B. The but for test C. The reasonably prudent person test D. All of the above

B. The difference between the requirements of apprehension of an offensive physical contact and of actual physical contact

The principal distinction between assault and battery is: A. The difference between the plaintiff knowing the defendant and not knowing the defendant B. The difference between the requirements of apprehension of an offensive physical contact and of actual physical contact C. The difference between the standard of proof D. All of the above

B. 2 years

The statute of limitations for Assault and for Battery is: A. 1 year B. 2 years C. 3 years D. None of the above

D. Absolute, Constitutional, Qualified

The three privilege defenses that can be used for the cause of action of defamation are: A. Constitutional, Contributory, Absolute B. Constitutional, Justified, Absolute C. Absolute, Truth, Qualified D. Absolute, Constitutional, Qualified

C. There is no imminent fear of harm

There is no assault if: A. There is no mental harm B. There is no physical harm C. There is no imminent fear of harm D. All of the other specific choices E. None of the other specific choices

E. All of the above

To be enforceable, which of the following contracts require a written document under the statute of frauds? A. Your promise to the bank to pay your sister's loan if she fails to pay B. Your agreement to sell someone a house in 18 months C. Your agreement to rent a warehouse D. Your agreement to work for Google for 5 years E. All of the above

D. Any of the above

To fulfill the tort of trespass you must: A. Intentionally enter or remain on land in the possession of another B. Causes a thing or a third person to intentionally enter or remain on land in the possession of another C. Fail to remove from the land a thing that you are under a duty to remove D. Any of the above

A. Past

Torts Law focuses on the: A. Past B. Present C. Future D. None of the above

B. Contributory negligence

Under which of the following does the court determine the plaintiff is not entitled to recover any damages due to fault on her part, which led to her injuries: A. Assumption of the risk B. Contributory negligence C. Both modified comparative negligence and last clear chance D. Pure comparative negligence E. Modified comparative negligence

B. No contract because there is no valid consideration.

Wayne helped Hank study all night for an important exam. After Hank got an "A" on the exam, he told Wayne, "I will give you $50 because you helped me get a good grade." Wayne said, "Thanks, I'll take it." There is: A. No contract because there is no mutual assent. B. No contract because there is no valid consideration. C. No contract because $50 is reasonably inadequate consideration. D. A contract with sufficient consideration.

B. Defamation per se

What cause of action can be brought to address a statement that is presumed by statutory law to be harmful to a person's reputation. A. Slander B. Defamation per se C. Conversion D. None of the above

D. Toxins in a lake between house A and B that is affecting both houses

What constitutes the tort of nuisance? A. Being annoyed by someone playing loud music B. Listening to your neighbors fight at 6am every morning C. Smelling the bacon being cooked every morning even though you are a vegetarian D. Toxins in a lake between house A and B that is affecting both houses

C. Mitigate her losses

When a breach of contract occurs, the non-breaching party is required to: A. Notify the breaching party B. Increase her losses C. Mitigate her losses D. Have her losses verified by a jury

B. Unenforceable

When a contract falls within the Statute of Frauds but is not in writing, the contract is: A. Illegal B. Unenforceable C. Reformed D. Voidable E. All of the above

A. The contract is void

When a minor breach occurs: A. The contract is void B. Something substantially different occurred from what the parties desired C. Specific performance is given D. You have to pay damages

D. A contract implied-in-law

Which of the following is enforceable without consideration? A. A pre-existing duty B. An illusory promise C. Gratuitous promise D. A contract implied-in-law

B. Someone points a gun to your face while threatening to shoot you

Which of the following is most likely to be an example of an assault? A. Someone bumps into you while walking down the street B. Someone points a gun to your face while threatening to shoot you C. Someone points a gun at you while you are sleeping D. Someone is walking behind you with a knife in their pocket

C. Mental distress suffered by the victim of the statement

Which of the following is not an element of defamation? A. Making a false statement about another person B. Communication of a false statement about another person to at least one other third party C. Mental distress suffered by the victim of the statement D. Harm cause to the victim's reputation E. All of the above

E. All are facets of the tort of conversion

Which of these is NOT a facet of the tort of conversion? A. The interference caused damages to the plaintiff. B. The plaintiff owns or has the right to possess the personal property in question at the time of the interference; C. The interference deprived the plaintiff of possession or use of the personal property in question D. The defendant intentionally interfered with the plaintiff's personal property E. All are facets of the tort of conversion

B. Conversion

Which one of the following is NOT one of the torts included within invasion of privacy? A. Intrusion B. Conversion C. False Light D. Appropriation

D. None of the above

Will sends a letter to several of his co-workers accusing his boss, Megan, of stealing from the company. Will's statement is defamatory only if: A. It is Will's opinion B. Megan has been arrested for the crime of stealing C. The statement is true D. None of the above

C. A house

what is real property? A. Your backpack B. The podium at the front of this lecture hall C. A house D. A car

C. Implied consent is created by the conduct of the land owner; express consent is about what is explicitly stated

what is the difference between Express consent and implied consent for the tort of trespass? A. Implied consent is when you explicitly tell someone they have permission to use their land; Express consent is by nature of the conduct B. Implied consent is when an emergency is involved (child running in your yard), Express consent is about what is explicitly said. C. Implied consent is created by the conduct of the land owner; express consent is about what is explicitly stated D. Implied consent is created when the land owner is nice to you, Express consent is about conduct created by the land owner

B. Arbitration

A dispute resolution procedure which results in a binding resolution, and is handled privately by someone with special expertise, is called: A. Litigation B. Arbitration C. Mediation D. None of the above

A. A bilateral contract

A promise for a promise is a: A. A bilateral contract B. Unilateral contract C. Statutory contract D. None of the above

C. Employee - co-worker

A special duty of care does not exist in the following situations: A. Parent - child B. Doctor - patient C. Employee - co-worker D. Employer - employees

C. Strict liability

A tort cause of action that can be brought against a defendant despite the fact that the defendant was not at fault is: A. Negligence B. Contributory negligence C. Strict liability D. Recklessness

C. Future

Contract Law focuses on the: A. Past B. Present C. Future D. None of the above

A. Publication to one other

Defamation requires ______. A. Publication to one other B. Publicity to the general public C. Publication to a specific group D. None of the above