chapter 4-6

Luke puts his motorcycle up for sale via a post on an online auction site. This is

an invitation to negotiate, not an offer.

Owen decides to sell his ranch, Pine Ridge, in a live auction. When the auctioneer puts the property up for bids, it will be

an invitation to submit offers, not an offer itself.

A landlord can avoid liability for injuries that occur on rental property by including an exculpatory clause in the lease.

False

Only one party entering into a contract must possess characteristics that qualify him or her as competent for a valid contract to exist.

False

Those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer.

False

To maintain an action in strict product liability, the plaintiff must show why and how the product became defective.

False

Under the objective theory of contracts, a contract is not enforceable without a clearly defined objective.

False

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.

false

Nonverbal expression of belief is not a constitutionally protected form of expression.

false

State governments do not have any authority to regulate interstate commerce.

false

white collar crime

illegal act or series of act committed by an individual or business

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Diego was not injured.

The lack of a license in certain occupations bars the enforcement of work-related contracts.

True

Brie buys a subscription to music provided by Concerto, an online streaming service. Before gaining access, Brie must agree to a provision stating that she will not make and sell copies of the music. This provision is

a click-on agreement.

intentional tort

a wrongful act knowingly committed.

VidGames Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech.

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

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

defamation

Under the U.S. Constitution, Congress has the power to regulate

every commercial enterprise in the United States.

Negligence

is the failure to exercise a duty of care that a reasonable person would exercise in the same situation

In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for

libel

Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover

nothing.

libel

picture, signs, statues, and film

Errol works for Food Packing Company. Errol's supervisor Gwen writes a negative review of Errol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense

privilege.

Kent tries to start his car with no success. He yells that he will sell the car to anyone for $10. Livy, a passerby, hears Kent's yell. This is not an effective offer because it lacks

serious intent.

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

the growth of the equipment's sales.

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

A federal form of government is one in which the national government shares sovereign power with

the states

Rex contracts with Spicy Pizza to deliver its products. After the deal has been partially performed, both parties inform each other that they would like to cancel the contract. Rex and Spicy may rescind

their contract to the extent that it is executory.

freedom of speech

to protect citizens from those who would abuse the right to free expression

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

true

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

true

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states

true

Speech can be subject to reasonable restrictions.

true

equal protection

when a law or action limit the liberty of some persons but not others

slander

writing or in a form of communication

Defamation

wrongfully hurting anothers reputations