Test 2 pt. 1

Which of the following statements indicates a material breach of contract?

A party falls beneath substantial performance and does not have a lawful excuse for that failure.

Which of the following kinds of contracts must be in writing to be enforceable?

A promise by an executor where the payment comes from his or her personal funds

Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n) _____.

assault

In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery. The central defense for negligence in this case is:

assumption of risk.

Ryan's neighbor, Nick, is away on a week-long tour. Ryan sees smoke rising from Nick's house one day and, fearing a possible outbreak of fire, breaks in through the front door only to find that the smoke was from outside and not from within the house as he had thought. In this case, Ryan can avail the defense of _____.

necessity

Problems of unconscionability often arise in situations in which:

the bargaining power of one of the parties is much superior to the other.

Which of the following statements is true of the Uniform Commercial Code (UCC)?

It covers cars, clothing, and appliances.

Ellen informs the sales clerk of an electronics store that she needs washing machines capable of heavy-duty use. The sales clerk sells a machine to Ellen withholding the fact that it is not heavy-duty. The machine break down after the first month. Which of the following is accurate in this scenario?

Ellen can sue the store for breach of implied warranty of fitness for a particular purpose.

Jim makes an agreement to play live music at Rusty's Tavern every Thursday night. Last Thursday, he had the flu and hence could not go to Rusty's. What can be concluded about the agreement with respect to Jim's condition?

His performance can be excused due to a condition subsequent

Which of the following statements is true of the tort of negligence?

Intent is absent, but because of one party's carelessness, another has suffered injury.

Which of the following statements is true of libel?

Libel about a company's products or property often is treated as the tort of injurious falsehood.

Which of the following statements is true of the strict liability law?

Strict liability law focuses on the condition of the product, rather than the conduct of the parties.

Which of the following is the doctrine that in some cases permits the court to infer the defendant's negligence even though that negligence cannot be proved?

The doctrine of res ipsa loquitur

Nolan has an accident when he misses a stop sign and crashes into another car whose driver is drunk. Nolan, in spite of having sustained $11,000 worth injuries, is able to recover only $8,800 as his own negligence is found to be 20 percent responsible for the injury. The type of negligence defense most likely availed in this case is:

comparative negligence.

_____ refers to the bargained-for legal value that one party agrees to pay or provide to secure the promise of another.

consideration

A court order that may either require or forbid a party to perform a specified act is a(n) _____.

injunction

When an offeror promises to keep an offer open for a specified period and, in return, the offeree pays consideration, the parties have created a(n) _____ contract.

option

If a mentally incompetent person is unable to understand the purpose and effect of a contract but has not been legally adjudged insane, _____.

the impaired party would have to pay the reasonable value of any necessaries received under the contract

Mark, the owner of a dry cleaning store, refuses to return an expensive tuxedo to Jim, his customer, for a day as he mistakenly believes that Jim has not made payments for the services availed in the past three months. This is an example of a(n) _____.

trespass to personal property

A person offers a $100 reward to anyone who finds his lost dog. This is an example of a(n) _____ contract.

unilateral