BLaw Final Exam

The Bill of Rights:

All of these are correct

Andrew agrees to paint Betty's house for $500. Two days after he startsthe jobhe decides that 500 isn't enough money. refuses to finish the job, unless Betty agrees to pay him $100 more. What law applies to this fact situation?

Andrew was already obligated to paint the house. He gives no additional consideration in return for Betty's promise to pay more money

The majority of states follow the ___________ rule in awarding damages for fraud

Benefit of the bargain

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations ?

Both b and c

The U.S. Constitution provides that Congress has the power to regulate commerce with other nations and among the states . The Commerce Clause has what effect (s)?

Both of these

Ben and Kate had been negotiating Ben's employment contract in conversations over the phone for a couple of weeks. Finally, they agreed on some contract temsoffered to create draft of the contact for Ben read over. On the same day Ben was fired from his job. Afraid he would be unemployed Ben signed Kate's draft without reading it. In this example Ben:

Cannot avoid the contract because of economic duress or failure to read

Carl Contractor and Ron Roadbuilder are both engaged in roadconstruction work. They know that several jobs are going to be up for public bids, and agree between themselves that Carl will bid on one joband Ron will bid on the other, so that they both have work for the summer. When the bids are opened, Carl realizes that Ron bid on both jobs. Ron is awarded both contracts Carl now wants to sue Ron for breach of contract

Carl's agreement is in violation of public policy and will not enforced by the courts

The states may enact legislation concerning a subject in which there is a federal statute if:

Congress has not clearly indicated that it intends to control that subject matter

Will wants to buy a new car. He goes to the bank to get a loan for the purchase. He signs to pay $10.00 per month in premiums on a term life insurance policy which names the bank as the recipient of the policy proceeds in the event of his death before the loan is repaid. The bank is a(n) :

Creditor beneficiary

Bill is currently enrolled in law schoolexpects to graduate and take the bar exam in order to be able to practice law. Before Bill becomes a lawyer, he promises to represent his friendTomin a breach of contract action if Tom will pay him 25% of the settlement. Bill negotiates and the case settles for $50,000. Tom refuses to pay Bill Bill then graduates and attempts to sue Tom. Bill has a legal right to enforce the agreement.

False

Courts of equity will grant specific performance for personal service contracts.

False

Donee beneficiaries and incidental beneficiaries are called intended beneficiaries

False

Economic coercion that compels a person to enter into a contract renders that contract void.

False

Ed, a contractor, has a contract with Ron, a realtor, to construct a new condominium complex. The contract provides that Ed must furnish a certificate of occupancy and conformity with the local fire code before Ron has an obligation to pay. The furnishing of the certificate is an implied in fact condition subsequent to the construction of the building.

False

Equitable remedies result in money awards to the Plaintiff

False

If Bill tells Sara that he will give her two days to decide if she wants to buy his car, he cannot sell it to anyone else during that time.

False

In a sex discrimination case under the Equal Protection Clause, the courts apply the strict scrutiny standard of review

False

In all substituted contracts there must be an agreement among three parties where a new promise is substituted for an existing promise or a new promisor is substituted for an existing promisor

False

In commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest

False

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

False

Legal sufficiency of consideration and adequacy of consideration are virtually synonymous terms.

False

Maria posted several signs in the neighborhood offering $for the return of her lost cat. Dave calls to get description of the car and tells Maria, "look for your cat." A contract is formed by Dave's call to Maria.

False

Mel, age 17 who looks 18 or older, makes a contract to buy a car from Maisie, who is the age of majority Maisie finds out Mel's age. Maisie may avoid the contract even if Mel did not misrepresent his age.

False

Objective impossibility occurs if a particular contracting party is unable to perform because of inability or lack of competence .

False

RICO provides for criminal penalties , but contains no provision for civil penalties .

False

Robbery and burglary are the same crime.

False

Ron offers to sell Pete his stamp collection. Pete gives Ron $10 to induce Pete into keeping his offer open for a week. If Ron decides on day four of the week that he really does not want to sell to Pete he can revoke his offer without fear of a breach of contract lawsuit being filed against him.

False

Sam Student promises to act as a guide on a fishing trip for a group of visiting dignitaries. The dignitaries agree to pay him $ 200 for his services. Sam guides them, but when they discover that Sam does not have a fishing license, they refuse to pay him. The agreement is an illegal one, which is not enforceable.

False

The Bill of Rights applies directly to the states

False

The Fifth Amendment protects individuals against unreasonable searches and seizures.

False

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self- incrimination as interpreted by the courts.

False

The State Opera Company a contract with singers to perform in the production of La Boheme. If the tenor chooses, he may delegate his duties under the contract to an equally well known tenor

False

The Supreme Court has defined the scope of the Commerce Clause narrowly and , therefore , has restricted the powers of the federal government to regulate business .

False

The U.S. Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs , but also if a governmental regulation reduces the value of the property.

False

The Uniform Commercial Code follows the common law rule that requires a modification of an existing contract be supported by consideration in order to be valid

False

The cause of action of intentional infliction of emotional distress protects a person from abusive language by a supervisor.

False

The law of torts is primarily made up of statutory law.

False

The perfect tender rule" provides that only substantial deviations from the promised performance in a sales contract under the Code constitute a material breach and discharge the aggrieved party from the duty of performance.

False

The person who makes an assignment is the assignee .

False

The statute of frauds prohibits the performance of oral contracts

False

The term " publicity " as used in the tort of public disclosure of private facts is interchangeable with the term " publication " as used in the law of defamation .

False

To fully compensate a plaintiff for losses suffered for a breach of contract, punitive damages are always awarded

False

Under the Commerce Clause , any state statute that affects interstate commerce is unconstitutional .

False

Under the Equal Protection Clause , all governmental action that treats two classes of citizens differently will be invalid .

False

Under the UCC, an acceptance must always be identical to an offer for a valid contract to be formed.

False

Where a contract provides for both goods and labor, the law of the UCC will apply if the contract is predominantly for the provision of labor

False

Fay, age 17 ordered a pair of skis on the installment plan. She paid $20 every month until she turned 18 age of majority. The next day, she sold them to Sharon and disaffirmed the contract. What result?

Fay is still liable because selling the skis amounts to a ratification

Franco has the permission of George to walk across his yard on the way to school . Franco now brings twenty of his friends across the yard , and they stop to play ball .

Franco and his friends are guilty of trespass to real property because they played ball in George's yard

Sam wants to sell his golden retriever dog to Al Sam tells Al that the dog is three years old and that he point, back and retrieve. Although the dog is three years old and will point at birds, he will not back honor another dog's point). Al relies on these statements and purchases the bird dog. The buyer has most probably been a victim of

Fraud in the inducement

Unless one of the parties contractually assumed the risk, the ________ discharges a contract il supervening circumstances make fulfillment of the purpose which both parties had in mind impossible

Frustration of purpose doctrine

Harold hired Blake Painters to paint his house. Blake decides it has too many jobs and delegates the duties to the Andrews Company. Andrews does a poor job, and drips paint on Harold's flowers and windows.

Harold can sue both Blake and Andrews

The Hometown News snapped a picture of Tim , a local teenager , as he was sleeping under a tree in the park on a warm spring day . They printed the picture on the front page of the paper and the caption read "Youth Enjoys Warm Spring Day ."

Is it unlikely that the Hometown News is guilty of any tort

Jason's mother would like him to go to college, so in June he enrolls at Ivory Towers State University. He also quits his job and tells his mother his plans to continue taking classes. His mother says, "I'm so happy that you are going to college that I will pay for your books." Jason then sends her a bill for $485. Which of the following is true regarding his mother's promise ?

It is unenforceable, because Jason has already enrolled in school and there is no consideration

Which of the following is NOT true regarding specific performance ?

It will be granted frequently in contracts involving the sale of goods

A contract may contain a __________ damages provision by which the parties agree in advance to the damages to be paid in the event of a breach.

Liquidated

A contractor and Southampton, Inc. have a contract which calls for the contractor to build a building with the completion by June 15. If the building is not completed by that date, the contract calls for the contractor to pay $100 per day in damages. The $100 per day is:

Liquidated damages

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?

Mark MUST help the girl if he begins to rescue her and increases her danger

Matt is a master tailor with a renowned reputation for expert work. Ron, a local professional in his own right , agrees to pay Matt $500 for a suit to be custom sewn by Matt. The amount to be paid is contingent on Ron's being satisfied with the completed work .. Matt finishes the suit; it fits Ron . Nevertheless , Ron says that he is not satisfied and refuses to accept or pay for it. Ron is honest in his dissatisfaction , but he is unreasonable .

Matt has no recourse against Ron because he agreed to the subjective standard

Maxine offered to sell her video camera to Tom for $200 and also stated to Tom. "I will give you two weeks to accept my offer." One week later Tom learned that Maxine had sold the video camera to Cindy.

Maxine has revoked her offer to Tom

Nancy who lives in Birdville, wants to open a McHenry Roast Chicken franchise. Mark, a representative of McHenry, told Nancy"you will buy a lot and build a building in River City, we will give you a franchise." Nancy bought the lot and built the building as instructed only to discover that McHenry had awarded the franchise to a large corporation. McHenry claims no liability to Nancy since there wasno consideration. Which statement is most correct?

McHenry is liable to Nancy based on the concept of promissory estoppel

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place . Mindy jumped out into the street five feet in front of his car. Chris could not avoid hitting her. What is Chris's best defense to the charge of negligence ?

Mindy crossed in the middle of the street, which is against the law

Joanne, a minor, sold her laptop computer to Bruce, an adult Bruce then sold the laptop to Anna , also an adult, who had no knowledge of the fact that the original owner was a minor. Under the Uniform Commercial Code, Joanne may

Not avoid her contract to Bruce and may not recover her laptop

Mark carefully plots a course of action to embezzle $100,000 from his employer , Sue . He is fired before he ever gets a chance to put the plan in action . In cleaning out his desk , Sue finds his plans . Mark is :

Not guilty because he did not act on his plan

Joanne a contractor, submits a bid to construct a student union building for the state university. She realizes after submitting the final bid that she forgot to include the cost of the window casing for the entire building! Joanne may :

Not revoke her bid due to the statutory irrevocability of the bid

Which of the following is a contract with a condition subsequent?

Roger bought a VCR but he may return the VCR within ten days and get all of his money back

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered . Then Sally went into the kitchen to make hamburger patties. While Sally was inside , Pat backed up to catch a football and hit the grill knocking the coals onto his feet In a modified comparative negligence state , who is liable?

Sally is liable for Pat's injuries only if she was more negligent than Pat

Steve purchases a four -wheel-drive truck from Belk Auto Sales. Steve is only 17 years of age. He wrecks the vehicle and attempts to disaffirm the contract and have Belk repay him all that he has paid. In the majority of jurisdictions , what would happen ?

Steve may simply return the vehicle and get his money

Under the parol evidence rule, which of the following types of evidence may be used to vary or contradict the written agreement ?

Subsequent oral or written agreements modifying the original agreement

John operates a small repair business and is in desperate need of a certain type of building material. He obtains the material from a large corporation, but is charged a grossly unreasonable price and is forced to buy other material he does not need. In view of the buyer's unequal bargaining power and unreasonable terms of the contract, this may be a case of:

Substantive unconscionability

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be:

That is was unforeseeable that the lawn mower would explode

Michelle's Boutique places an ad in the Sunday paper for beautiful, top of the line designer suits for $3.00. Alice Customer sees the ad in the paper and goes to the store to stock up on business suits for her new job. Michelle apologizes for the misprint. Alice has just finished a class in contract lawand insists that the store sell her 5 suits for $15.00. Alice threatens to sue Michelle forbreach of contract.

The ad in the newspapers is a solicitation seeking offers, but is not an offer to sell; therefore, Alice will not be able to successfully sue for breach of contract

Which of the following is correct with regard to the powers of government in the United States ?

The federal government is a government of enumerated powers

The Uniform Commercial Code has changed the traditional common law view regarding goods the minor has sold and that the buyer resold to a good faith purchaser for value. Under the UCC:

The good faith purchaser for value acquires a legal title

Which of the following is correct with respect to a grand jury ?

The grand jury issued an indictment if it finds sufficient evidence to justify a trial on the charges alleged

Tim, who is a minor, enters into contract with Violet, who is an adult. Which of the following is correct?

Violet may not disaffirm the contract

Rebecca sees a pair of beautiful silver shoes in a store window. She goes in and tells the shopkeeper, "If I am asked to the prom, I will buy those shoes. Please hold them for me." If the shopkeeper gives her a note that says, "Will hold for Rebecca, signed, Shopkeeper" will he have to honor that promise?

Yes, Rebecca and the shopkeeper entered a contract with a condition precedent

On March 1, Tammy, a student, received a telephone call from Watterson, Inc., offering her a job for one year beginning on June 15, after completion of the school year. According to the personnel manager, she will have to move to California and be ready to start work at 8:00 a.m. on June 15. Should Sara ask for a letter confirming the telephone conversation if she accepts the offer immediately?

Yes, because the contract would be for longer than one year from March 1

An agreement of a seller to supply a buyer with all of the buyer's requirements for certain goods is known as

a requirement contract

Sarah offers to pay Allison $150 if Allison will paint her apartment while she is out of town on vacation fortwo weeks. Allison makes no promise but tells Sarah that she will think about it. While Sarah is out of townAllison paints the aparment. This is best described as:

a unilateral contract

A contract in which both parties exchange promises is a:

bilateral contract

Under the UCC, ____________ refers to the manner and extent to which the respective parties to a contract have accepted successive tenders of performance by the other party without objection

course of performance

Professor Doright has a life insurance policy on his own life which provides that in the event of his death, his mother will receive the proceeds. Professor Doright's mother is a(n) :

donee beneficiary

The intermediate equal protection test:

eliminates the strong presumption of constitutionality that exists under the rational relationship test

The defense of entrapment arises when:

police, government officials, or government agents act to induce an individual to commit a crime when that individual would not ordinarily have done so.

The main purpose of The Bill of Rights was to:

provide for restrictions on the power of the federal government.

Sam Student sends for a law school catalog from Ivory Towers University. According to catalog, law school applications are evaluated on the basis of undergraduate grades, standardized test scores and references. Sam is a straight A studenthas high test scores and excellent references, but his application is rejected. Laterne finds out that others with low grades and test scores were accepted based on the ir family connections and donations made to the University. If Sam followed all of the guidelines in the college catalog and sent in the required application fee, then:

this is a valid contract; the terms of which are set fourth in the college catalog

James offers to sell his fishing boat to Brenda for $3,000 . Brenda says she will apply for a loan and will buy the boat within a week. A contract is formed

when Brenda tells James she will buy the boat

A contract to sell life insurance is covered by Article 2 of the Uniform Commercial Code

False

A defendant will be liable for all harm that can be traced back to the defendant's negligence .

False

A promise by an employer not to press charges against an employee who has embezzled money is enforceable if that promise is given in return for the employee's promise to repay the stolen funds.

False

Abco Corporation is building a new office tower. Arco Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor. Abco promises Arco that it will pay for the materials if the subcontractor does not. Abco's promise is unenforceable unless evidenced by a writing.

False

Action taken by private citizens cannot constitute state action

False

An agreement for illegal drugs will be enforced by the courts if all other elements of the contract are present.

False

Any breach of contract always discharges the injured party from performance under the contract

False

Because of the Bill of Rights , state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification .

False

The intentional dispossession or unauthorized use of the personal property of another is legally known as:

Trespass to personal property

A contractual agreement always involves either a promise exchanged for a promise or a promise exchanged for a completed act or forbearance to act.

True

A reasonable person , as used in the law of torts, is a fictitious individual who is always Careful, prudent , and never negligent .

True

According to the UCC, only a merchant can make a firm offer to a buyer.

True

An exculpatory clause attempts to excuse one from liability for her own torticus conduct.

True

An incidental beneficiary has no right to enforce a contract.

True

An offer is effective as soon as it is communicated .

True

At common law , a valid contract may be entered into on Sunday or on any other day.

True

Carrie, age 14contracted to buy a fur coat by mail. If the manufacturer found out Carrie's age, they could refuse to enter into a contract with Carrie.

True

Contractual remedies of compensatory damages, specific performance, and injunction protect the expectation interest of the injured party .

True

Hal Hoodlum holds a gun to Irving's head and tells him to sign the contract or he will blow his brains out. Irving signs the contract, because he fears for his personal safety. The contract is void, because it was entered into under duress.

True

In a unilateral contract a promise is exchanged for an act or forbearance to act

True

In applying the reasonable person standard, the court takes into account a person's physical , but not mental handicaps .

True

In equal protection cases involving economic regulation, the courts use the rational relationship test.

True

Incidental damages are those that arise directly out of the breach.

True

Intoxicated persons are liable in quasi contract for necessaries purchased during their incapacity

True

Jessica at the age of 15 entered into a contract to sell five acres of land to her uncleShe may disaffirm this contract at any time before reaching her majority

True

Jim promises to marry Cynda if Cynda will buy him a new Ferrari for his birthdayThis promise must be evidenced by a writing to be enforceable.

True

Nonfraudulent representation is made without scienter

True

On Tuesday morning John sends a letter to Arlene rejecting her offer, but later the same day John changes hi mind and sends a letter of acceptance to Arlene. The letter of acceptance will be effective only if it is receive by Arlene before she receives the rejection .

True

Oral contracts are as enforceable as written contracts unless otherwise provided by statute.

True

Scienter is the element of fraud that requires that the person who makes the misrepresentation must know it is false or must make the statement with reckless indifference as to its truthfulness.

True

Seventeen-year-old Teresa wants to disaffirm her student loan agreements. Most states will allow a minor to avoid contracts for student loans.

True

Some states have statutes which prohibit an employee from assigning his future wages.

True

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government .

True

The First Amendment guarantee of free speech applies not only to individuals but also to corporations .

True

The U.S. Constitution created a federal govemment of enumerated powers , and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal governme be reasonably necessary for carrying out an enumerated power .

True

The acts or threats that constitute duress can be both crimes and torts

True

The difference between an express contract and an implied in fact contract is the manner in which assent is manifested

True

The term " past consideration" is not really past consideration at all because the law will not find a contract where there is no bargained-for-exchange .

True

Today most crimes are covered by statutory law rather than by the common law , although many of the crimes in statutory form had their origins in the common law .

True

Tom's dog has bitten three postmen , but Tom can't bear to chain him up . When the dog bites the newsboy , will strictly liable

True

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme

True

Undue influence is the taking of unfair advantage of a person by reason of a dominant position based upon a confidential relationship

True

Barbara , an antique dealer , intentionally represents the value of an antique chest of drawers as $6,000 when she has reason to know the value is considerably less. Margaret agrees to buy it for $5,500 . It is worth $2,500 In a state that uses the " benefit - of-the-bargain " ruleMargaret's damage award would be:

$3,500

The UCC Article 2 statute of frauds provision applies to the sale of goods for the price of ___________ or more.

$500

Which of the following is an exception to the suretyship provision requirement under the statute of frauds?

A promise, the leading object of which is to obtain an economic benefit for oneself

Steven owes Shara $100 for a used computer which he bought last year at Shara's garage sale. The two agree that the debt can be paid by Steven's shoveling Shara's driveway from January through March. The new contract is a(n)

Accord

Big Bucks, Inc. entered into a contract with Albert Agent under theterms of which Albert would receive $20,000 if he stole trade secrets from the leading competitor of Big Bucks. Albert his end of the agreement by delivering the trade secrets. Big Bucks now refusesto pay Albert for his services.

Albert will be unable to recover, because this is an illegal contract

Which of the following can be raised as a defense to a claim of defamation ?

All of the above

"Consideration" requires an actual benefit to both sides of an agreement.

False

"I promise to pay you $100 if you will promise to fix my car next month". This is an offer for a unilateral contract

False

A collateral promise is an undertaking to be primarily liable for the principal debtor's debt.

False

The transfer of a contract duty to a third party is known as a(n)

Delegation

A(n) _______ is an intended beneficiary of a contract who receives the benefits of the contract as a gift

Donee beneficiary

A contract for five acres of land is governed by Article 2 of the Uniform Commercial Code.

False

The State Florida enters with Treasure Salvors govering the salvage of a Spanish sunk in the 1600's. Under the terms of the contract, the salvagers agree to relinquish % of the items recovered to the State of Florida in retum for the right to salvage on state lands. At the time the parties enter into the contract they both believe that the seabed where the ship lies is state landSubsequentlythe United States Supreme Court holds that the continental shelf on which the ship rests has never been owned by Florida. The salvagers to rescind the contract

The parties made a mutual mistake for which the contract is voidable

Wayne helped Hank study all night for an important exam. After Hank got an A on the exam told Wayne." I will give you for helping me get good ". Wayne said. Thanks, I'll take it."

There is no contract because there is no valid consideration

Sarah Citizen is working hard on the mayoral campaign of TakeShe thinks that just a few more win the election so she promises to pay her friend Violet $50 to register and vote for Tim. Violet does so, but Timothy loses the election and Sarah now refuses to pay

This agreement is unenforceable and opposed to public policy

Albert found a stone in his yard and took it to Bob, a jeweler, for evaluationBob wasn't sure as to the nature of the stone, but told Albert he thought it was a topaz. Bob then offered to buy the stone for 25 and Albert a greed. Later Albert found out the stone was an uncut diamond worth about 700.

This contract can be avoided based upon fraudulent misrepresentation