BLAW 2361
The basic distinction between bilateral contract and a unilateral contract is that one is enforceable, the other is not the Statute of Frauds applies to one and not the other only one promise is involved in a bilateral contract only one promise is involved in a unilateral contract
only one promise is involved in a unilateral contract
What phrase explains how a requirements contract can be valid? "no consideration needed" "will buy 100 percent of output" "willing to accept the entire quantity" "in good faith"
"in good faith"
After the plaintiff has presented her case, the defendant may be granted a judgment on the pleadings summary judgment directed verdict judgment NOV
directed verdict
Amanda agrees to pay Jennifer $1000 for a pair of tickets to see the Broadway show Hamilton. She tells Jennifer that her boyfriend, Bob, will love the tickets as a birthday present. Amanda pays for the tickets and tells Bob, but Jennifer doesn't deliver them. Bob is a(n)_______beneficiary of the agreement, and as such, he ______ have a right to enforce the contract himself. incidental; does donee; does not donee; does incidental; does not
donee; does
Jane write an article for a newspaper reporting that Ann was arrested for stealing a car. The story is entirely false. Ann is not a public figure. Which of the following torts has Jane committed? - Ordinary slander - Slander per se - Ordinary Libel - Libel per se
- Libel per se
Which landmark case sets parameters for awarding punitive damages? - New York Times Co v Sullivan - Turley v ISG Lackawanna, Inc - State Farm v Campbell - Boeken v Philip Morris, Inc
- State Farm v Campbell
Which of the following statements is most accurate regarding appellate courts? - Appellate courts often hear new evidence and testimony. - Appellate courts generally accept the factual findings of the trial court. - Only the federal court system has appellate courts. - Appellate courts only hear criminal cases.
Appellate courts generally accept the factual findings of the trial court.
Kurt asked his car mechanic, Quinn, for help in buying a used car. Quinn recommended a Ford Focus that she has been taking care of its whole life. Quinn was working for the seller. Which of the following statements is true? After buying the car, Kurt finds out that it needs $1k in repairs. He can recover that amount from Quinn, but only if Quinn knew about the needed repairs before Kurt bought the car. Kurt cannot recover anything because Quinn had no obligation to reveal her relationship with the car's seller. Quinn must pay Kurt the amount of money she received from the Ford's prior owner. Kurt cannot recover anything because he had not paid Quinn for her help.
After buying the car, Kurt finds out that it needs $1k in repairs. He can recover that amount from Quinn, but only if Quinn knew about the needed repairs before Kurt bought the car.
Some of the elements of a contract are acceptance, consideration, legality and capacity True False
True
Kerry finds a big green ring in the street. She shows it to Leroy who says, "Wow, that could be valuable." Neither Kerry nor Leroy knows what the ring is worth. Kerry sells the ring to Leroy for $100 saying, "Don't come griping if it turns out to be worth $2." Leroy takes the ring to the jewelers and discovers it is an emerald worth $75k. Kerry sues to rescind. Kerry will lose. Kerry will win based on fraud Kerry will win based on mutual mistake Kerry will win based on unilateral mistake
Kerry will lose.
Which of the following is an example of an exculpatory clause? buyer agrees to pay any costs of litigation creditor charges 38% interest on a loan Seller is not responsible for property damage regardless of the cause of injury employee agrees to never work for a competing company
Seller is not responsible for property damage regardless of the cause of injury
Larry has the largest pizza business in the city. He learns that Henry is thinking of opening a competing pizza and pasta delivery business. Larry gives Henry $25,000 to not open his proposed business in the same city. Which statement is correct? The contract is enforceable The contract is voidable at Larry's option The contract is illegal and void the contract is void for lack of consideration
The contract is illegal and void
For consideration to exist, there must be: - a manifestation of mutual assent - genuineness of assent - a bargained-for exchange - substantially equal economic benefit to both parties
a bargained-for exchange
An agreement to settle a debt for less than the sum claimed is referred to as a promissory estoppel an accord recission satisfaction
an accord
Susie goes to the Go-Cart track for a fun afternoon. When she pays for her hour in the cars, the ticket says, "driver agrees to hold the track and track owners blameless for any injuries she suffers while driving." Susie isn't a very good driver, and she drives into the wall a few times straining her neck. She______ sue the track for damages for injured neck. When she got into the car, the seatbelt never worked and didn't click in. On her last lap, someone hits Susie from behind and she is tossed out of the car because of the faulty strap and breaks her arm. She ________sue the track for her broken arm injury. - can; can - can; cannot - cannot; can - cannot; cannot
cannot; can
Bob signed an agreement with Joe under which Bob agreed to purchase all the hay that Joe grew during the coming growing season. This contract will be unenforceable due to the difficulty of devising an appropriate remedy for a breach unenforceable due to its vagueness unenforceable unless state real estate law makes an exception enforceable as long as both parties act in good faith and Bob doesn't suddenly demand more hay that what was reasonably estimated
enforceable as long as both parties act in good faith and Bob doesn't suddenly demand more hay that what was reasonably estimated
Jamie offered to buy Kevin's bike. Jamie is the offeror offeree mortgagor trustee
offeror
Which of the following relationships generally fails to create an insurable interest? debtor and creditor Doctor and patient CEO and corporation husband and wife
Doctor and patient
Small claims courts have jurisdiction over settling the estates of deceased persons. True False
False
Which option can NOT be found by the court of appeals? - JNOV - reverse and remand - reverse - Affirm
JNOV
Manny offers to sell Gina his television for $100 on January 1. On January 2 Gina writes out a letter of acceptance. On January 3, Gina mails the letter to Manny. On January 4, the postal collector collects the mail from the mailbox and takes it to the post office. On January 5, the letter arrives in Manny's mailbox, and he reads the letter. When (if ever) was a contract formed? - January 3 - January 2 - January 5 - January 4 - There is no contract.
January 3
For the defendant to be liable in a negligence case, it must be proven that the type of harm caused by the defendant must have been reasonably forseeable. This is referred to as breach Proximate cause duty of care factual cause
Proximate cause
A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff? Res judicata Res Ipsa Loquitur Mens Rea Stare decisis
Res Ipsa Loquitur
Floyd offers to sell his 1967 Ford Mustang to Tim. Before they conclude negotiations, Floyd dies. Which of the following is true? There is a contract if Tim accepts before learning of Floyd's death The offer terminates automatically upon Floyd's death Floyd's heirs must continue to negotiate the offer to sell the car, if a reasonable price can be determined. Floyd's heirs must sell the car to Tim.
The offer terminates automatically upon Floyd's death
Taking or using someone's personal property without consent is referred to as fraud trespassing conversion negligence
conversion
A civil case generally proceeds as follows: discovery, complaint, answer, trial, verdict complaint, answer, discovery, trial, verdict answer, complaint, discovery, trial, verdict complaint, answer, trial, discovery, verdict
complaint, answer, discovery, trial, verdict
Angela makes a material misstatement of fact to Lance, which he relies on when he signs Angela's contract. Fraud exists if Angela made the misstatement______________. carelessly recklessly intentionally intentionally or recklessly
intentionally or recklessly
Will misses three straight payments on his SUV, and his bank repossesses it. The right to repossess_______a security interest. Security interests are governed by Article____of the UCC. is; 2 is not; 2 is; 9 is not; 9
is; 9
If a court applies res ipsa loquitur the defendant is strictly liable the plaintiff needs to prove the case by a preponderance of the evidence the plaintiff must prove the case by clear and convincing evidence the defendant has the burden of proving he or she is not liable
the defendant has the burden of proving he or she is not liable
If an offer specifies no time limit in which to accept the offeree has 10 days to respond the offer is not valid and therefore it does not matter when the offeree responds the offeree has 30 days to respond the offeree has a reasonable period during which to accept
the offeree has a reasonable period during which to accept
Which of the following represents a landowner's lowest liability? trespassing adults tresspassing children licensees invitees
trespassing adults
Larry goes to his barber who has cut his hair for the past several years. The barber proceeds to cut his hair as they talk about the most recent snow storm in the area. This is an example of unilateral, implied contract bilateral, implied contract bilateral, express contract unilateral, express contract
unilateral, implied contract
John offered to sell Sara his surf board for $500. He told her if she wanted to accept the offer to notify him in writing by 5pm, the same day that he made the offer. Sara was conflicted about whether to buy the surf board, and she only decided at 4:59pm that she definitely wanted it. To be sure to reach the 5pm deadline, Sara called John and left him a voice mail that she did want to buy his surf board. The following day, Sara saw Billy with John's surf board, and he indicated that he bought it from John at 5:30pm the night before. Sara is fuming! Does Sara have any rights? - Yes, Sara accepted the specific terms of John's offer with no modifications. Her method of communicating the acceptance was reasonable and timely. She has an enforceable contract with John. - No, if an offer demands acceptance in a particular method or manner, than the offeree must follow those requirements. - Yes, Sara can demand specific performance and take the surf board from Billy. - No, Sara hasn't suffered any damages and can buy a different surf board, so the court won't find that she has any claim against John.
- No, if an offer demands acceptance in a particular method or manner, than the offeree must follow those requirements.
Janet owes $4,000 on her car note. She wins $1000 at Bingo on Friday night and decides to see if she can just pay her car off with that money. She sends a check for $1000 to the bank financing her car note and writes "full and final payment" in the memo section. The bank deposits the check. What are the rights of the bank? - The bank has no more rights to collect additional money from Janet, since they cashed the check. - If the bank refunds the $1000 within 90 days, the bank can still collect the full $4,000. - The bank is still entitled to the remaining $3000. - The bank can continue to negotiate with Janet to try to get more money.
- The bank is still entitled to the remaining $3000.
Company X contracts with Company Y to build the navigations system for its cars for $15 million. The navigation system is faulty, and Company X sues Company Y for $200 million because of all of law suits it has to pay out on from people who have gotten into accidents because of the bad navigation system, as well as the downturn in sales because of the bad reputation. Company X asserts any damages are limited to $15 million dollars in liability by a clause in the contract. Is that clause enforceable? - The clause is unenforceable because it is unconscionable. - The clause is unenforceable because it is exculpatory - The clause is enforceable because $200 million is an unconscionable claim - The clause is enforceable because both parties are sophisticated corporations.
- The clause is enforceable because both parties are sophisticated corporations.
Now assume all the same facts as in question 1 plus assume that Vicki has loaned George $50,000. What happens when she submits her claim for $100,000, and the insurance company refuses to pay? - Vicki will get $50,000 - Vicki will win nothing - Vicki will win $100,000, but only if she mentioned animal bites to the insurance agent. - Vicki will win $100,000 regardless of whether she mentioned animal bites to the insurance agent.
- Vicki will get $50,000
Which of the following offers are considered to be irrevocable for a reasonable period of time? option contracts A writing signed by a merchant offering to hold open an offer for the sale of goods for a stated period of time. Firm offers All of these.
All of these.
Which of the following exculpatory clauses will most likely be enforceable? An exculpatory clause that relieves a riding stable of negligence An exculpatory clause that relieves a riding stable of gross negligence An exculpatory clause that relieves a riding stable from intentional torts A riding stable's exculpatory clause that is hidden in an 8 page document that all riders are required to sign.
An exculpatory clause that relieves a riding stable of negligence
Veronica has a beer and then makes a contract. She continues drinking, and her blood alcohol level eventually rises to .09, which is above the state's threshold for drunk driving. She makes a second contract while in this condition. Veronica's first contract is ______________, and her second contract is ______________. voidable; valid Answer valid; voidable voidable; voidable valid; valid
Answer valid; voidable
The state of Missouri passes a statute that allows businesses to hire 16- and 17-year-olds to work in restaurants and other food services, but the statute also makes it illegal to employ 16- and 17-year-olds to perform certain tasks like working with industrial meat slicers and grinders because of safety concerns. The Schnuck's Supermarket deli had just hired 16-year-old Richie Rich to a six-month contract to slice lunchmeat. What is the most accurate statement about this contract? none of these Because Richie is a minor, the contract is merely voidable at his option Because the statute makes Richie's job tasks illegal, the contract is void Because the statute governs worker safety and not public safety, the statute does not affect the validity of the contract
Because the statute makes Richie's job tasks illegal, the contract is void
Bob takes his fancy car to a upscale restaurant and hands his keys to the Valet to park his car. There is a sign on the kiosk for the Valet that says the restaurant is not responsible for any damage that happens to the car. When Bob comes out of the restaurant and the Valet brings his car around, there is a scratch on the drivers side. What will happen if Bob sues the restaurant? - Bob can never win in a bailment case because the injury is to property. - Bob can't win because he was a sophisticated negotiator - Bob can win because the contract wasn't in writing - Bob can win, but only if he can show that the Valet committed a gross negligence or intentional tort, while he was in possession of the car.
Bob can win, but only if he can show that the Valet committed a gross negligence or intentional tort, while he was in possession of the car.
Bob offers to sell Sally his bike for $40. Sally says, yes, but she will only pay $35 and expects Bob to include the bike lock. Bob and Sally have an agreement. - True - False
False
Which of the following requires consideration in order to be binding on the parties? - Neither of these - Modification of a sale of goods contract under the UCC - Both of these - Modification of a contract involving the sale of real estate.
Modification of a contract involving the sale of real estate.
Susie has been called to testify in Lucy's divorce case. Susie testifies that she saw Lucy's husband Bob at a restaurant with another woman. Bob says it was just his sister, and he wants to sue Susie for slander. Will he be successful? - No, Susie has absolute privilege - Yes, if he can show harm - No, it is libel - Yes, it is slander per se
No, Susie has absolute privilege
At Business University, semester enrollment begins at midnight on April 1. Jasper asked his roommate, Alonso, to register him for an important required course as a favor. Alonso agreed to do so, but then overslept. As a result, Jasper could not enroll in the required course he needed to graduate and had to stay in school for an additional semester. Is Alonso liable to Jasper? No, because Alonso was not grossly negligent Yes because Alonso was negligent No because the agreement was not in writing No because an agency agreement is invalid unless the agent receives payment
No, because Alonso was not grossly negligent
Police Officer Paul apprehends a wanted criminal and then demands the $10,000 reward offered by Crime Stoppers. Which of the following statements is true? Police Officer Paul is entitled to the reward because he puts his life on the line every day Police Officer Paul is not entitle to the reward because past consideration is never valid consideration Police Officer Paul is not entitled to the reward but he may have an argument under promissory esstopel Police Officer Paul is not entitled to the reward because he was under a pre-existing duty to make the arrest.
Police Officer Paul is not entitled to the reward because he was under a pre-existing duty to make the arrest.
Sarah agrees to work a shift at her job on a Saturday night for $10 an hour. After Sarah shows up to work, she finds out that everyone else is going to a really cool beach party, which she would rather do than work. She tells her boss that she will only stay at work if she is paid $12 an hour, and her boss agrees. When Sarah gets her paycheck, she discovers that she was only paid $10 an hour for her Saturday night shift. Sarah demands a supplemental payment for the extra $2 an hour she was promised. -Sarah will win, because her boss agreed to the additional money. -Sarah will win because she relied on the promise of her boss when she stayed at work. -Sarah will win because she gave up her right to go to the party. -Sarah will lose, as there was no new consideration for the change in hourly payment.
Sarah will lose, as there was no new consideration for the change in hourly payment.
An intentional tort involves conduct which there is resulting punishment, including prison, for the defendant The defendant intended a certain physical act which ends up injuring someone. the defendant intended to harm the plaintiff injuries are caused to someone because of the defendant's neglect or oversight
The defendant intended a certain physical act which ends up injuring someone.
AAA Auto Auctions opens the bidding on a 2011 Camaro for $5,000, and Bobby is the only bidder. There is no reserve. According to vehicle valuation agencies, the Camaro is worth $6,000. Which is most accurate? There is no agreement because Bobby's bid did not reach the fair market value of the vehicle There is no agreement because an item up for auction needs at least two bidders for the transaction to be valid There is an agreement because Bobby's bid of $5,000 is the offer, and the lack of reserve means that the auction house must accept it There is an agreement because Bobby accepted the auction house's offer of $5,000
There is an agreement because Bobby's bid of $5,000 is the offer, and the lack of reserve means that the auction house must accept it
Robert offers to buy a car from Jane for $400. Jane must accept this specific offer in order to form an enforceable contract. True False
True
At a fraternity party, George mentions that he is going hang gliding over the summer break. Vicki overhears and buys a $100,000 life insurance policy on George. George enjoys a week of hang gliding, but is killed on the way home, when he is bitten by a parrot and dies of a rare tropical illness. Vicki files her claim for $100,000. The insurance company refuses to pay. - Vicki will win nothing - Vicki will win $100,000, but only if she mentioned the animal bites to the agent. - Vicki will win $100,000, regardless of whether she mentioned animal bites to the agent. - Vicki will win $50,000
Vicki will win nothing
Walter worked as a store clerk on the day shift. Walter's boss offered to pay him $1000 bonus if he would go to the night shift for the next month. Walter agreed and worked the night shift for the next month. When Walter got his paycheck, there was no bonus. If Walter sues, the likely result will be Walter will win even if there is no consideration because no consideration is required to modify an employment contract Walter will win, as the promise is enforceable Walter will lose unless the promise was in writing Walter will lose, as he gave no consideration because he was already employed
Walter will win, as the promise is enforceable
Wayne Enterprises had two salespersons, Wanda and Vinnie, who each covered a specific geographic territory and worked for a contract salary. When Vinnie unexpectedly resigned, Wayne offered Wanda a $5,000 bonus if she covered Vinnie's territory for a month while a replacement could be found. When Wanda received her next paycheck, there was no bonus. If Wanda sues Wayne to recover the $5,000 bonus, the likely result will be Wanda will win because a bonus for additional work constitutes consideration because it entailed additional performance by both parties Wanda will lose because she already had a contract so there was no consideration Wanda will win because of moral consideration Wanda will lose because only contracts governed by the UCC can be modified
Wanda will win because a bonus for additional work constitutes consideration because it entailed additional performance by both parties
Figgins is the dean of a college. He appointed Sue as acting dean while he was out of the country and posted an announcement on the college website announcing that she was authorized to act in his place. He also told Sue privately that she did not have the right to make admissions decisions. While Figgins was gone, Sue overruled the admissions committee to admit the child of a wealthy alumnus. Does the child have the right to attend the college? No because Figgins did not ratify Sue's decision Yes because Figgins was a fully disclosed principal Yes because Sue had apparent authority No because Sue was not authorized to admit him
Yes because Sue had apparent authority
Finn learns that, despite his stellar record, he is being paid less than other salespeople at Barry Co., so he decides to start his own company. During his last month on the Barry payroll, he tells all of his clients about his new business. He also tells them that Barry Co is a great company, but his fees will be lower. After he opens the doors of his new business, most of his former clients move with him. Is Finn liable to Barry? No because his clients have the right to hire whichever company they choose. No because he has not been disloyal to Barry - he praised the company Yes, Finn has violated his duty of loyalty to Barry Co. No, because Barry was underpaying him
Yes, Finn has violated his duty of loyalty to Barry Co.
An unliquidated debt can be described as a debt in which the existence or amount is in dispute a debt in which both its existence and amount is in dispute a debt undisputed by either party a debt disputed by the creditor but not the debtor
a debt in which the existence or amount is in dispute
Which of the following is generally considered to be legal offers? catalog advertisements price lists placing an item up for auction a note scribbled on a napkin that includes details of the offer
a note scribbled on a napkin that includes details of the offer
"I will sell you my car if I decide to sell it" is an example of a unilateral contract a conditional offer an unliquidated offer an illusory promise
an illusory promise
As it pertains to consideration, which of the following does NOT constitute value? a promise to act a forbearance an illusory promise an act
an illusory promise
An agreement in which a buyer agrees to buy all the goods produced by a manufacturer is known as an option contract an output contract a requirements contract an exclusive dealing contract
an output contract
Giving possession and control of personal property to another person is referred to as bailment unconscionability usury adhesion
bailment
Usury laws are designed to protect consumers from professionals practicing a trade without a valid license obtaining loans to gamble on credit taking insurance policies out on the life of another companies charging excess interest on loans
companies charging excess interest on loans
A promise by Derkin Restaurant to buy all of the produce it needs this next year at an established price from Elfredo's Produce would be an unenforceable, illusory contract enforceable requirements contract unenforceable contract based on past consideration enforceable output contract
enforceable requirements contract
An unconscionable contract is one that a court refuses to enforce because of illegality overt vagueness its limit to free trade fundamental unfairness
fundamental unfairness
Yost contracted with Egan for Yost to buy certain real property. If the contract is otherwise silent, Yost's rights under the contract are: nonassignable as a matter of law assignable only with Egan's consent nonassignable because they are personal to Yost generally assignable
generally assignable
Which term refers to whether an offeree accepts an offer by promising, by making a down payment or by performing? intent method of acceptance manner of acceptance definiteness
manner of acceptance
Under the Uniform Commercial Code (UCC), an agreement modifying a contract may not require consideration requires consideration only when the sale of goods is involved requires consideration only when one of the parties is incompetent always requires consideration
may not require consideration
John owns a thoroughbred horse named Prince Charming that just ran in the Kentucky Derby. Prince Charming came in last, much to John's frustration and embarassment. John exclaims in a loud voice, "I'm selling that horse to the first person who hands me $100!" John has not made an offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer. made an acceptance to the first person who can produce $100 made a firm offer and will be bound by his offer for a reasonable period of time. made an offer to anyone within hearing distance and will be bound by his offer to the first person who produces $100.
not made an offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer.
One of the criteria for a valid assignment of a sales contract to a third party is that the assignment must: be in writing and signed by the assignor not be revocable by the assignor be supported by adequate consideration from the assignee not materially increase the other party's risk or duty
not materially increase the other party's risk or duty
If Rudy offers Oscar $200 for his laptop valued at $600 and Oscar agrees, a court will probably not set aside the agreement because of the UCC not set aside the agreement based on the adequacy of the consideration set aside the agreement because the consideration is inadequate set aside the agreement as being unfair
not set aside the agreement based on the adequacy of the consideration
A novation completely releases an ___________ from any further liability. To be effective, it __________require the agreement of both the obligor and obligee. obligee; does not obligor; does not obligee; does obligor; does
obligor; does
An insurance contract is NOT considered to be an illegal form of "wagering" because insurance contracts are underwritten by reputable companies one must have an insurable interest in the person being insured insurance activities are regulated by the state department of insurance the money being paid out comes from premiums paid over time
one must have an insurable interest in the person being insured
In a(n)___________________contract, the seller guarantees to sell 100 percent of its output to one buyer, and the buyer agrees to accept the entire quantity. This kind of arrangement_________acceptable under the UCC. - output; is not - output; is - requirements; is not - requirements; is
output; is
A________________ is a ruling by the court that no trial is necessary because there are no essential facts in dispute. federal question summary judgment default judgment long-arm statute
summary judgment
Judith works as an office assistant at the Octan consulting firm. Octan assists clients within a five-mile radius of its office. Octan has a client list that was compiled from publicly available sources. Octan also has a unique manual of consulting techniques, which it keeps secret through numerous safeguards. Judith's employment contract has a noncompete clause that prohibits her from working for a consulting company within a 50-mile radius for 10 years after she leaves Octan. It also prohibits Judith from using the client list and the manual of consulting techniques. Judith leaves Octan, and six months later, she takes a job at a competing consulting company that is about 10 miles away from Octan. Which prohibition in the noncompete convenant is a court most likely to enforce? the manual of consulting techniques the 10 year duration the 50 mile radius the client list
the manual of consulting techniques
What two conditions MUST exist for federal courts to have diversity jurisdiction? -the plaintiff and defendant are from the same family and the amount in dispute exceeds $50,000. -the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000. -the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000. -an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000.
the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.
A seller's form clearly states no warranty is included. The buyer's form states that the seller warrants the goods for one year. (UCC) In this case the warrant term is an "additional term" that becomes part of the contract in most states. None of these is true no contract can be created the warranty term is a "different term" and the majority of states hold that a contract can be formed but that the contradictory terms cancel each other out
the warranty term is a "different term" and the majority of states hold that a contract can be formed but that the contradictory terms cancel each other out
The intent of the offeror to extend an offer to the offeree is generally determined by reference to the words and conduct of the offeror the assumptions of the offeror the subjective intention of the offeror the beliefs of the offeror
the words and conduct of the offeror
Bob's Department Store opens for business on a busy shopping day just before Christmas. A hurried clerk places a sign in the middle of a table piled high with red cashmere sweaters that reads $0.99 each. The sign was supposed to read $99 each. This is a __________mistake, and customers___________be able to demand the $0.99 price. mutual; will mutual; will not unilateral; will not unilateral; will
unilateral; will not
A principal will not be liable to a third party for a tort committed by an agent: if the tort is also regarded as a criminal act unless the tort was committed within the scope of the agency relationship unless the principal instructed the agent to commit the tort if the agency agreement limits the principal's liability for the agent's tort
unless the tort was committed within the scope of the agency relationship
Jerry is so mentally ill that he is unable to understand the nature and consequences of his transactions, but has not been adjudicated insane. Penny has been adjudicated insane and has a court appointed guardian. Jerry's contracts are __________ and Penny's contracts are_____________. valid; valid voidable; void voidable; voidable valid; void
voidable; void
A car dealership advertises its cars on the radio, including listing a 2011 Camaro for $6,999. If a radio listener responds with a letter to purchase the Camaro for $6,999, an agreement will not be formed because of the parol evidence rule will be formed because the price is included will be formed because the first to respond gets the Camaro will not be formed because the advertisement is merely an invitation to make an offer
will not be formed because the advertisement is merely an invitation to make an offer
In the historic case of Hamer v Sidway, the nephew lost, as the court found there was no consideration won, as the court found there was consideration won, as there was a completed gift lost, as the uncle was dead
won, as the court found there was consideration
Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette $100,000 nothing $20,000 $80,000
$80,000
Frank, an accountant, says to Missy, "I'll sell you my laptop for $100." Missy asks, "Will you give me until tomorrow to make up my mind?" "Sure." Frank replies. Which of the following is true? - Frank can revoke his offer no matter what because he did not promise Missy anything in writing. - Frank cannot revoke his offer, but only if Missy pays him to keep the offer open until tomorrow. - Frank cannot revoke his offer, no matter what. - Frank can revoke his offer no matter what, because he is not a merchant.
-Frank cannot revoke his offer, but only if Missy pays him to keep the offer open until tomorrow.
During voir dire, Bob tells his attorney that he thinks that the woman in the front row is giving him dirty looks. Bob is nervous for her to be on the jury. Dirty looks won't be enough to convince the Judge that the woman in bias against Bob. What can Bob's attorney do to keep the woman from being selected for the jury? -Nothing, Bob will likely be stuck with the woman on the jury -None of these. -Use a challenge for cause -Use a preemptory challenge
-Use a preemptory challenge
A default judgment can be entered if which of the following is true? - A citizen fails to obey an order to appear for jury duty. - A plaintiff presents her evidence at trial and clearly fails to meet her burden of proof. - A defendant fails to file an answer to a plaintiff's complaint on time. - A defendant loses a lawsuit and does not pay a judgment within 180 days.
A defendant fails to file an answer to a plaintiff's complaint on time.
Which of the following is NOT an example of a trial court with limited jurisdiction? A juvenile court A general civil division court A small claims court A probate court
A general civil division court
Which of the following statements regarding a negligence case is correct? A plaintiff must show the defendant's act was both the factual cause of her injury as well as a foreseeable injury A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury. A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable A plaintiff must show the defendant's act created a foreseeable danger even if it was not the factual cause of her injury
A plaintiff must show the defendant's act was both the factual cause of her injury as well as a foreseeable injury
Which of the following acts resulting in injury would be negligence per se? A retailer sold glue containing benzene to a 14 year old boy in violation of the state law. Tammy accidently dropped a heavy carton on Sasha's foot while at work. June, while driving the speed limit, sideswiped the car next to her. Joe sold fireworks from his Indiana Store (a legal activity) to Steve, an Illinois resident (a state that has made owning fireworks illegal).
A retailer sold glue containing benzene to a 14 year old boy in violation of the state law.
Which of the following statements about torts is correct? A tortious act is always a criminal act A tortious act may also be a criminal act A criminal act is always a tortious act A tortious act is the same as a contract dispute
A tortious act may also be a criminal act
Shortly after Brian started to work at Trevit, Inc., a co-worker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct? Ann defamed Brian. Ann committed a tort of battery Ann committed the tort of trespass. Ann committed the tort of interference with a prospective advantage.
Ann committed a tort of battery
Pam wins the lottery. In her excitement she tells her friend Barb that she wants to give her 10% of the winnings. Later Pam changes her mind and decides not to. Which of the following elements of contract law is the reason she can change her mind? - Barb did not give any consideration - The agreement was not put into writing - Barb does not have capacity to enter into a contract - The agreement lacks a legal purpose
Barb did not give any consideration
Sam sneaks up on Tom, hits him with a baseball bat, and knocks him unconscious. Tom never saw Sam coming. He wakes up with a horrible headache. Which of the following torts has Sam committed? - Battery - false imprisonment - assault and battery - assault
Battery
What element of contract refers to the parties being "adults of sound mind." Legality Capacity Offer Consideration
Capacity
In the Carvel v Noonan case the court found for _______________ because the court believed ________________________. - Carvel; there was no interference with a prospective advantagewith - Carvel, there was a violaton of the Lanham Act - Noonan, there was tortious interence with a contract - Noonan, there was interference with a prospective advantage
Carvel; there was no interference with a prospective advantagewith
Alamo Construction of San Antonio, TX contracts to purchase fabricated steel pipes from Epic Piping of San Marcos, TX for $100,000. The contract is governed by Texas law. Alamo contends that the pipes are faulty and refuses to pay. If Epic sues Alamo in federal court, that federal court Has diversity jurisdiction because the damages exceed $75,000. Does not have diversity jursidiction. Has diversity jurisdiction because the parties are from different cities. Has diversity jurisdiction because the damages exceed $75,000 and because the parties are from different cities.
Does not have diversity jursidiction.
A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win in a case of negligence, he or she need only to prove that it was forseeable that the defendant's conduct may cause harm. True False
False
Primary methods of alternate dispute resolution include litigation and mediation. True False
False
A security guard at Twin Pines Mall sees a man armed with a knife threatening several people. The guard aims and fires a Taser (a gun that fires a probe with electric current to stun the target) that strikes and subdues the armed man. Which of the following is accurate if the armed man brings a cause of action for battery against the guard? He can prove battery, except that the guard's defense of others will prevent the man from prevailing. He can prove battery, except that the guard has no defense because he was not himself in danger. He cannot prove battery. He can prove battery.
He can prove battery, except that the guard's defense of others will prevent the man from prevailing.
Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration? - Holt and Collins retain the right to a class action. - Holt and Collins give up the right to discovery. - Corrales will render a binding decision. - Corrales need not give reasons for the decision.
Holt and Collins retain the right to a class action.
Bobby is deaf and mute. He saved up his money to buy a brand new car. When he went to the dealership, the salesman wouldn't give Bobby back his keys. He made fun of him and wouldn't let him leave for more than 3 hours. Bobby was distraught. When he finally got home, he couldn't leave his house. He cried uncontrollably for days. He couldn't eat. He couldn't go to work, and required months of therapy. Bobby will likely be successful if he brings a lawsuit for________________? - Slander - Defamation - Conversion - Intentional Infliction of Emotional Distress and False Imprisonment
Intentional Infliction of Emotional Distress and False Imprisonment
Which of the following is an accurate statement regarding Alternate Dispute Resolution (ADR)? - It tends to be more expensive than litigation. - It only takes place in federal courts. - It is a much slower process than litigation. - It keeps parties involved talking rather than fighting.
It keeps parties involved talking rather than fighting.
Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be o the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries? Yes, the neighbor should have posted "thin ice" notices It may depend on Kelley's age Yes, the neighbor is strictly liable No, Kelley was a tresspasser and the neighbor can only be held liable for intentionally hurting her or for gross misconduct
It may depend on Kelley's age
Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and when she learned that Diane had served time in prison for theft, she fired her. Jim is not liable to Diane for defamation. Jim is liable to Diane for defamation. Jim is liable to Diane for defamation only if she is a public figure. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.
Jim is not liable to Diane for defamation.
Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely outcome? Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in the chowder Kyle will collect damages, as res ipsa loquitur applies Kyle will collect damages because the restaurant committed negligence per se Kyle will not collect any damages since he did not sustain any damages
Kyle will not collect any damages since he did not sustain any damages
Sue and Glenda are best friends. Sue loans Glenda her car, but when she gets it back it has clearly been in a fender bender. Glenda swears she is not responsible, but Sue feels Glenda should pay to fix the car. The argument gets heated and the relationship has become very strained. Which of the following choices has no outside decision maker and is the most likely method for the two friends to find a solution together that they can both live with? - Trial - None of these. - Mediation - Arbitration
Mediation
One morning, Miles accidently dropped a thumb tack on the chair of the office manager where he worked. The office manager sat on the tack and two days later, was hospitalized with an infection caused by the tack. Which of the following is correct? Miles is strictly liable Miles committed an intentional tort Miles actions were negligent No tort has been committed
Miles actions were negligent
Barnum seeks to buy real estate n Manhattan from Bailey, but actions by Ringling prevent the transaction. Barnum therefore sues Ringling for tortious interference with prospective economic advantage. The case proceeds to trial. After Barnum's case in chief, Ringling thinks that Barnum has put forward no evidence of wrongful conduct by Ringling, a required element under New York law for tortious interference. Which motion can allow Ringling to end the trial without having to go to the jury? Motion for summary judgment None of these, because once the trial has started, then no motion can prevent the matter from reaching the jury Motion for directed verdict Motion for new trial
Motion for directed verdict
Roberto is a deaf-mute who visit an auto dealership to consider purchasing a new car. The dealership's owner pays his salesmen big bonuses for closing sales and encourages the salesmen to engage in aggressive tactics. After taking Roberto's keys to look at his car for potential trade-in value, salesman Dave takes Roberto for a test drive. Roberto declines to purchase the new car, but Dave refuses to give Roberto his keys back. Roberto writes several notes requesting his keys, but Dave and other salesmen mock Roberto for his handicap. After several hours, Dave returns the keys and Roberto leaves. Roberto is upset for a few days afterwards, but he doesn't miss any work or seek medical or psychological counseling. Can Roberto prevail o a claim against the dealership for intentional infliction of emotional distress? No, because Roberto did not suffer emotional distress that was severe. Yes, because the conduct was extreme and outrageous. No, because Roberto didn't suffer a physical injury. Yes, because the conduct made Roberto upset.
No, because Roberto did not suffer emotional distress that was severe.
In Jones v Clinton, the court held that Paula Jones was entitled to summary judgment. the case be dismissed because of the President's governmental position. President Clinton failed to comply with a discovery order. Paula Jones did not demonstrate the essential elements of her claim.
Paula Jones did not demonstrate the essential elements of her claim.
The City of Kyle, Texas hireed Wonderworks to put on its Independence Day fireworks show. Despite taking reasonable safety precautions while handling and launching fireworks, the display suffers a misfire that causes all of the fireworks to explode simultaneously. The blast injures Franco. If Franco sues Wonderworks, he will Lose, because Wonderworks behaved reasonably so could not have breached a duty Lose, because spectators always assume the risk of injury from dangerous actvities Prevail, even if Texas does not treat fireworks as an ultrahazardous activity Prevail, assuming Texas treats fireworks as an ultrahazardous activity
Prevail, assuming Texas treats fireworks as an ultrahazardous activity
Alpha Co. operates a fleet of tanker trucks for the common practice of hauling gasoline. One of Alpha's trucks collides with an automobile driven by Li, damaging Li's car and causing her personal injury. If Li sues Alpha, which of the following is accurate? Hauling gasoline is an ultrahazardous activity, so Alpha is strictly liable for Li's damages. Hauling gasoline is not an ultrahazardous activity, so Alpha cannot be liable for Li's damages. Strict liability is inapplicable under these facts, so Li must prove that Alpha's driver breached a duty of care while driving the truck in order to recover damages. Strict liability is inapplicable under these facts, so Li must prove that the gasoline was defective in order to recover damages.
Strict liability is inapplicable under these facts, so Li must prove that Alpha's driver breached a duty of care while driving the truck in order to recover damages.
Pablo, a resident of San Marcos, TX visits Dallas, TX, when he is struck by a local food truck owned and operated by Dick. Dick had failed to yield at an intersection, and the collision resulted in injuries to Pablo. Which court or courts would most likely have subject matter jurisdiction over Pablo's common law tort claims against Dick? Texas state or federal court Texas federal court but not state court Texas state court but not federal court Texas State or federal court, but his damages must exceed $75000 for federal court subject matter jurisdiction
Texas state court but not federal court
Spirit Importers imports beverages to the USA from various countries. XYZ Liquor is a Texas company that purchases much of its stock from Spirit. The two contract for Spirit to provide XYZ with rum from Venezuela. To encourage the government of Venezuela to end human rights abuses. President Trump issues sanctions against Venenzuela, including a prohibition on the import and sale in the USA of Venezuelan rum. Which of the following is accurate about the enforceability of the Spirit-XYZ contract? The contract is void, so no US court will enforce it The sanctions are irrelevant to the validity of this unilateral contract, so a court will enforce it The contract is voidable, so that either party can choose to terminate it The sanctions are irrelevant to validity of this bilateral contract, so a court will enforce it
The contract is void, so no US court will enforce it
Robert, a minor, buys a stereo from Jane for $200. State law allows a minor to disaffirm contracts within a reasonable time after turning 18. Robert disaffirms the contract the day after turning 18 and returns the stereo. The contract was a void contract The contract was a valid contract, Robert cannot disaffirm This contract was unenforceable because it needed to be in writing to be enforceable. The contract was a voidable contract, Robert can disaffirm
The contract was a voidable contract, Robert can disaffirm
Shelly offers to sell Jane goods both parties know are stolen. Jane accepts the offer, and agrees to pay for the goods. Later, Jane refuses to accept or pay for the goods. If Shelly sues Jane for breach of contract, what is the probably result? The law would not enforce Jane's promise, as it does not have a lawful purpose The law would enforce this valid, enforceable contract Shelly would win as this is a unilateral contract Jane would win, as this is a voidable contract
The law would not enforce Jane's promise, as it does not have a lawful purpose
Which of the following is a valid defense to a defamation claim? The statement was not slanderous only libelous. The statement did not cause any grave injury. The First Amendment guarantees the absolute right to free speech. The statement was only an opinion.
The statement was only an opinion.
In the Texaco v Pennzoil case, the court awarded damages in the amount of $7.53 billion for actual damages and $3 billion in punitive damages for __________________. Once an appeal was filed, the parties engaged in __________________ to settle for a $3 billion from Texaco. - Tortious interference with a contract; Alternate Dispute Resolution - Defamation; Oral argument - Libel; secrecy - Fraud; Litigation
Tortious interference with a contract; Alternate Dispute Resolution
A tort is a violation of a duty imposed by the civil law. True False
True
A witness testifying in a court or legislature may never be sued for defamation. True False
True
Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. True False
True
Sometimes two different people can hear the same facts but make different decisions about whether they meet the elements of a claim/cause of action. -True -False
True
The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses. True False
True
Jo goes to the store and buys a new iPhone. She also hires a landscape company to mow her lawn each week. The __________ governs Jo's contract with the Apple Store, and the ________________governs her contract with the landscaping company. - common law; UCC - UCC; UCC - common law; common law - UCC; common law
UCC; common law
Which of the following are differences between Contract common law and UCC contract law governing the sale of goods? - Under common law contract law, acceptance of an offer must follow the mirror image rule. However, under the UCC an offer can effectively be accepted with a slight modification of terms. - Both of these. - None of these - Under common law contract law, a contract must include specific terms, while UCC contracts all for open terms.
Under common law contract law, acceptance of an offer must follow the mirror image rule. However, under the UCC an offer can effectively be accepted with a slight modification of terms.
Wholesome Bread Inc., advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact, Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct does not violate the Lanham Act because comparative ads are exempt from the law. does not violate the Lanham Act because Wholesome did not act with actual malice. Violates the Lanham Act does not violate the Lanham Act because of the First Amendment freedom of speech.
Violates the Lanham Act
Glen lives in Illinois. He applies for a job with a Missouri company, and he is told, amazingly, that the job is open only to white applicants. He will now sue the Missouri company under the Civil Rights Act, a federal statute. Can Glen sue in federal court? - Yes, but only if the Missouri company agrees. Otherwise he must sue in statecourt. - No, absolutely not. He must sue in state court. - Yes, absolutely - Yes, but only if he seeks damages of at least 75000.. Otherwise he must sue in State court.
Yes, absolutely
Sally was late for class. As she was leaving the house, she couldn't find her laptop, so she grabbed her roommate's. After class, she was walking back to her apartment when she tripped and dropped the laptop. Sally doesn't want to pay to fix her roommate's laptop because she thinks the whole thing was an accident. Can Sally's roommate bring a lawsuit to force Sally to pay? On what basis? - No, None - Yes; Conversion - Yes, Fraud - Yes, Battery
Yes; Conversion
Which of the following is NOT required to establish promissory estoppel? a promise made by a plaintiff in response to a defendant's promise reliance on the defendant's promise a promise made by a defendant Enforcing the promise is the only way to enforce injustice
a promise made by a plaintiff in response to a defendant's promise
Jerry offers to shovel the snow from Ben's driveway for $35. Ben replies "ok." This is an example of an express, bilateral contract an implied, unilateral contract an implied, bilateral contract an express, unilateral contract
an express, bilateral contract
Negligence concerns harm that arises intentionally is always substantial is unforseeable arises by accident, but is forseeable
arises by accident, but is forseeable
Courts award damages called quantum meruit, which means let the buyer beware as much as he deserves to the letter of the law something for nothing
as much as he deserves
Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to bring an individual lawsuit against the advertiser in a state appellate court. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. mediate the claim with the advertiser bring an individual lawsuit in a US District Court
become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.
In a civil case, the plaintiff must prove the case none of these, the burden of proof is on the defendant beyond a reasonable doubt by a preponderance of the evidence by clear and convincing evidence
by a preponderance of the evidence
The burden of proof in a civil trial is to prove a case _______________. The burden of proof rests with the ______________. - beyond a reasonable doubt, plaintiff - by a preponderance of the evidence; defendant - beyond a reasonable doubt, defendant - by a preponderance of the evidence; plaintiff
by a preponderance of the evidence; plaintiff
Intentional Business Torts take place in a ____________________setting rather than involving ______________________. - commercial, individuals - litigation, mediation - family, businesses - school, individuals
commercial, individuals
The money intended to restore a plaintiff to the position he was in before the injury is referred to as compensatory damages conversion payments tortious damages punitive damages
compensatory damages
The courts will find an implied contract when there is promissory estoppel there is undue influence justice demands it conduct of the parties indicates that they intended an agreement
conduct of the parties indicates that they intended an agreement
Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a - pretrial conference - judgment on the pleadings - summary judgment - default judgment
default judgment
In the same case where Jane and Sam are in the car accident in which Sam's seat belt fails and he is killed, the auto maker believe that it was Jane's driving that actually caused the accident. The auto maker will raise this as a(n) ________________________ when they file their________________________ to the complaint. - excuse; reasons - pleading, reply - defense, answer - answer; reply
defense, answer
Federal jurisdiction based upon a "federal question" includes cases based on all of the following EXCEPT - diversity - a federal statute - the United States Constitution - a federal treaty
diversity
In a negligence case, the plaintiff must establish duty, actus reus, forseeable harm, and causation duty of care, breach, causation, foreseeable harm, and damages Duty, strict liability, causation and injury mens rea, breach, forseeable harm, and injury
duty of care, breach, causation, foreseeable harm, and damages
Bob orders a new shirt online via Amazon. At the time he places the order he has an _____________ contract. Once the shirt is delivered, he has an __________________ contract. - executory; executory - executed; executed - excutory; executed - executed; executory
excutory; executed
Mike made the following offer to Mick: "I will pay you $500 if you agree to paint my house." Mick replied that he would. At this point, the contract is an executed, unilateral, express contract executed, bilateral, express contract executory, bilateral, implied -in-law contract executory, bilateral, express contract
executory, bilateral, express contract
An express contract may be inferred by the conduct of the parties involved must be in writing has both parties setting forth their intentions is not valid in many states
has both parties setting forth their intentions
The Lanham Act is similar to what type of Intentional Tort involving an individual? - libel or slander - false imprisonment - assault - battery
libel or slander
Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will: lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well prevail, because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury. lose, because Kelly had no legal duty to rescue him lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries
lose, because Kelly had no legal duty to rescue him
Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement? - mediation - jurisdiction - litigation - arbitration
mediation
Noncompetition agreements are relatively recent developments, first used following the Great Depression in the United States. now illegal, as they violate antitrust laws more common today than they were in the past, athough the policy issues they raised in the 1700's have never gone away infrequently litigated
more common today than they were in the past, athough the policy issues they raised in the 1700's have never gone away
Jane and Sam are involved in a car crash between Dallas and Austin. Sam's seatbelt fails. He is thrown from the car and dies. Jane sues the auto maker for installing faulty seatbelts. During the discovery process, Jane's attorney sends a series of interrogatories to the auto maker. The auto maker submits timely responses, but none of the answers actually contain information. Jane's attorney files a _________________ to formally request the court order the auto maker to supply more complete answers. - motion to compel answers to interrogatories - request for a default judgment - summary judgement - motion for a protective order
motion to compel answers to interrogatories
As English judges were developing the common law of contracts in the twelfth and thirteenth centuries most promises were found to be enforceable changes in the law occurred rapidly the term contract became common promises were found NOT binding unless they were written and sealed
promises were found NOT binding unless they were written and sealed
A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine, she will have to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. she will have to show that the magazine has a history of being "reckless' with facts on a regular basis. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. She will need to show that the magazine could have discovered that the story was false but failed to do so.
she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.
Under state law, a dog owner is absolutely liable to any person who is injured by the dog. This is an example of negligence per se re ispsa loquitur strict liability negligence
strict liability
Tom is suing Bob. After the discovery process, Tom believes that no relevant facts are in dispute and that there is no need for a trial. She should move for a _______________. - judgment on the pleadings - JNOV - directed verdict - summary judgment
summary judgment
Jurisdiction can be described as - the authority of a court to decide a particular type of case. - the burden of proof. - the study of law. - court cases involving the US Constitution or a federal statute.
the authority of a court to decide a particular type of case.
Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and he had been a faithful employee for 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming that it should have been aware of Wayne's growing frustration with work. The company's best defense will be that even if the company had been aware of Wayne's difficulty with his supervisor, Wayne did not have any criminal history. the incident occurred away from the office the killing was the result of a personal conflict between Wayne and the supervisor there was no way to foresee that the incident would happen
there was no way to foresee that the incident would happen
Bob hangs posters around town of his missing dog. The posters says that he will pay $25 to the person who finds his dog and brings him home. This is a ____________ contract. - UCC - bilateral - implied - unilateral
unilateral
Johnny decides he needs more energy, so he contracts with Susie to buy a trunk full of cocaine for $5000. Susie and Johnny have a(n)_________________ contract. - voidable - unenforceable - void - valid
void
Using the Jane/Ann fact pattern, If Ann decides to sue, she _____________have to show evidence that she suffered injury. If she ultimately wins her case, a jury _________ have the option to award punitive damages. - will; will not - will; will - will not; will not - will not; will
will not; will
Monty purchased a lawnmower with an attached warning that said "The manufacturer is not responsible in the case of an injury caused by this lawnmower." If Monty is injured because of a defect in the mower and sues the manufacturer of the mower, he will most likely lose, as he assumed the risk win, as all lawnmower manufacturers are strictly liable win, as this warning would be unenforceable lose, as he agreed to not hold the lawnmower manufacturer responsible
win, as this warning would be unenforceable