blaw test 2

$20,000

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 would reduce Annette's recovery by: a. $20,000 b. $100,000 c. $80,000 d. nothing

pre-existing public duty

Fireman Mike rescued Karol's cat, Boomerang, from the top of a tall oak tree on South Lamar. Boomerang had been missing for 2 weeks, and Karol had put flyers all over town offering a $500 reward for Boomerang's return. Fireman Mike asks Karol about collecting the reward offer for returning her Boomerang. Karol has just taken Business Law and tells Fireman Mike that she doesn't have to pay it to him. Fireman Mike said had known that, he would have used a shotgun to get Boomerang out of the tree. What is Karol's reason for not paying Fireman Mike? a. no legally adequate consideration b. no legal capacity c. pre-existing public duty d. boomerangs always return on their own

frank cannot revoke his offer is miss pays him $5 to keep the offer open until tomorrow

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? a. frank cannot revoke his offer, no matter what b. frank cannot revoke his offer is missy pays him $5 to keep the offer open until tomorrow. c. frank can revoke his offer no matter what, because he is not a merchant d. frank can revoke his offer no matter what, because no promise was in writing.

the law would not enforce james promise, as it does not have a lawful purpose

Madelyn offers to sell James goods both parties know are stolen. James accepts the offer, and agrees to pay for the goods. Later, James refuses to accept or pay for the goods. If Madelyn sues James for breach of contract, what is the probable result? a. the law would enforce this valid, enforceable contract b. james would win as this is a voidable contract c. madelyn would win as this is a unilateral contract d. the law would not enforce james promise, as it does not have a lawful purpose

E-presto is liable for tortious interference with a contract

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. E- presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct? a. trein is liable for tortious interference with a contract b. E-presto is liable for tortious interference with a contract c. mia is liable for tortious interference with a contract d. both mia and E-presto are liable for tortious interference with a contract

pam did not give consideration

While they're sharing a bottle of wine, Carol says, "Pam, you're my best friend in the world. I just inherited a million bucks, andIwantyoutohavesomeofit.Comewithmetothebanktomorrow,andI'llgiveyou$10,000." "Sweet!"Pamreplies. Later that day, Carol has a change of heart. She is allowed to do so. Examine the list of the elements of a contract, and give the correct reason. a. the agreement was not put into writing b. the agreement lacks a legal purpose c. pam did not give consideration d. pam does not have the capacity to make a contract

without reserve

an auction sale where the auctioneer seems the items without stating any minimum acceptable bid is said to be: a. with reserve b. conditional c. subject to condition subsequent d. without reserve

negligence per se

an unexcused violation of an applicable statute that injures another person causes a tortfeasor to be guilty of: a. negligence per se b. strict liability c. gross negligence d. assumption of risk

arnold has committed the tort of libel

arnold wrote a defamatory letter regarding bert which he mailed to bert, and only showed to bert's good friend, stand. a. arnold has committed the tort of slander. b. arnold has committed the tort of libel c. arnold has committed neither libel nor slander d. arnold has committed both libel and slander.

unenforceable

assume that chris goes to Algonquin J. Calhoun, Esquire, to represent him for a DUI and after verbally agreeing to do the work for chris, Calhoun charges him $ 5000, which is a fair fee. chris takes bankruptcy after Calhoun gets the DUI dismissed, and the lawyers bill is discharged. is this debt void, valid ,voidable or unenforceable?

jim is not liable to diane for defamation

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, fired her. a. jim is liable to diane for defamation b. jim is liable to diane for defamation unless he can show a legitimate reason for having to tell lana about diane's prison history c. jim is liable to diane for defamation only if she is a public figure d. jim is not liable to diane for defamation

sam and joe, because they both contributed to the harm

joe accidentally knocked bill into a fence negligently erected by sam around sam's swimming pool. the fence caved in and bill nearly drowned. who is liable? a. sam, because of his negligent conduct b. sam, because joe's conduct would be foreseeable c. joe, because his accidental conduct set everything in motion d. sam and joe, because they both contributed to the harm

II and III only

liza offers to help helen do her laundry. by what means can helen terminate this offer? I. revocation II. rejection III. counteroffer a. I only b. II only c. III only d. II and III only e. I, II and III

common

out of tort and contract law have their origins in ______ law. a. statutory b. common c. civil d. constitutional

II and III only

patrick offers to buy Tyler's iPad. by what means can tyler terminate patrick's offer? I. revocation II. rejection III. counteroffer a. I only b. II only c. III only d. II and III only e. I, II and III

courts that decide what would have a negative impact on society

public policy means the law that comes from the: a. state legislature b. executive branch of the government c. courts that decide what would have a negative impact on society d. constitution

no

robert offers to sell sam his home for $175,000. the offer is made on november 7, 2013 and Robert files bankruptcy on November 8, 2013. the bankruptcy court refuses to approve roberts offer to sam. can sam sue robert for specific performance?

only one promise is involved in a unilateral contract

the basic distinction between a bilateral contract and a unilateral contract is that: a. only one promise is involved in a bilateral contract b. only one promise is involved in a unilateral contract c. the statute of frauds applies to one and not the other d. one is enforceable, the other is not

conduct of the parties indicates they intended an agreement

the courts will find an implied contract when: a. justice demands it b. conduct of the parties indicates they intended an agreement c. there is promissory estoppel d. there is undue influence

an acceptance

the mirror image rule applies to: a. an offer b.a rejection c. a revocation d. an acceptance

none of the above

the uniform commercial code governs contracts for: a. services b. employment c. real estate d. none of the above

castle doctrine

under what law in mississippi can a person be justified in using force to protect themselves from an intruder in their home or work place? a. assumption of risk b. comparative negligence c. respondeat superior d. castle doctrine

none of the above acts are negligence per se.

which of the following acts resulting in injury would be negligence per se? a. janet driving 5 mph under the posted speed limit b. ted keeping explosives in his private, locked garage in compliance with state law regulation the storage of such materials. c. a retailer selling glue containing benzene to a 19-year old boy as allowed by state law d. none of the above acts are negligence per se.

I and III only

which of the following are examples of tort reform? I. caps on non-economic damages II. arbitration and mediation III. limits on punitive damage awards a. I only b. II only c. III only d. I and III only e. I, II and III

bargained for exchange and legal sufficiency

which of the following are the two basic elements to consideration? a. bargained for exchange and legal sufficiency b. legal detriment and legal benefit c. legal sufficiency and legal adequacy d. promise and forbearance

seller is not responsible for property damage regardless of the cause of the injury

which of the following is an example of a exculpatory clause? a. creditor charges 38% interest on a loan b. seller is not responsible for property damage regardless of the cause of the injury c. buyer agrees to pay any costs of litigation d. employee agrees to never work for a competing company

consideration

which of the following is not an essential element of an offer? a. consideration b. intent to make a contract c. definiteness of terms d. communication to offeree

all of the above

which of the following is valid defense to a defamation claim? a. the statement was true b. the statement was only an opinion c. the person making the statement made it only to the plaintiff, not to any third parties d. all of the above

a tortious act may also be a criminal act

which of the following statements about torts is correct? a. a tortious act may also be a criminal act b. a criminal act is never a tortious act c. a tortious act is always a criminal act d. none of the above is correct

no

yes/no: Alexandra receives an e-mail at 1:30 p.m. on Monday offering her the job as executive producer of the Duck Dynasty television show. Uncle Si proposes to pay Alexandra an annual salary of $500,000. The e-mail states that she must accept the offer within 36 hours. Alexandra immediately overnights a counteroffer for $750,000 in salary and, a pink camo patterned duck boat, shotgun and duck call, but after realizing that she probably won't make that kind of money after graduation doing anything else, she e-mails Uncle Si around 10 a.m. the next morning and advises him in that e-mail that she accepts the original offer. If Uncle Si has already received Alexandra's overnight mail, is a contract formed?

yes

yes/no: Aunt Bea promises her 21-year old nephew, Opie, that she will pay him $500 if he will agree to quit smoking pot, even though Opie has a valid prescription for the drug. Under these circumstances, can Opie's agreement to quit smoking pot be consideration?

yes

yes/no: parker offers to sell his diamond earring to kate. lawrence overhears the offer and says, "i accept the offer." can parker still revoke this offer under these circumstances?

yes, as his conduct was intentional

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a. yes, as his conduct was intentional b. yes, but only if adam intended to cause linda serious emotional distress c. no, since he was only playing a practical joke d. no, since linda was not physically hurt by adam

executory; executed

After the final out of the World Series, Dean orders a new Red Sox championship edition hat from Amazon. At the moment he submits his order, Dean and Amazon have an ______________ contract. Two days later, Amazon delivers the hat to Dean's house, and Dean's credit card has cleared. At this point, Dean and Amazon have an ______________ contract. a. executory; executory b. executed; executory c. executory; executed d. executed; executed

ken wins. the agreement is enforceable

Barb has been a children's day care provider for several years in the small town of Abbeville. She has decided to give it all up and move to the big city for excitement and adventure. Barb sells her business to Ken, agreeing not to open a competing business within five miles of Abbeville for a period of nine months. After five months of the big city life, Barb is broke and moves back to Abbeville. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result? a. ken wins. the agreement is enforceable b. barb wins. the agreement is denying her the right to do the only thing she knows how to do. c. bar wins. the agreement is not enforceable because it is not ancillary to a legitimate bargain. d. barb wins. the agreement is not reasonable as to time

lose because kelly had no legal duty to rescue him

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: a. prevail because society places a duty on people to help each other and kelly breached this duty, resulting in bobs injury. b. lose even though kelly had a legal duty to save him, since bob will not be able to probe that kelly's failure to act was the proximate cause of his injuries c. lose because kelly had no legal duty to rescue him d. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well

since this is a revenue-raising statute, the blind pig wins

Mark works as a bartender at The Blind Pig, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Blind Pig sues. What result? a. since this is a illegal contract, the courts will not enforce it b. since mark violated a regulatory statute the contract is unenforceable c. since this is a revenue-raising statue, the blind pig wins d. since this a revenue-raising statute, the licensing law is unconstitutional. craig wins

lose because, although the mechanics conduct was negligent toward marsha, it was not a wrong in relation to phillip, who was far away. the mechanic could not have foreseen injury to phillip and therefore had no duty to him.

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. in applying the Palsgraf v. Long island railroad co. decision to this case, phillip would: a. win because the mechanic was negligent in over inflating the tire, which let to phillips injury b. win based on negligence per se c. lose because the court would apply to doctrine of res ipsa loquitur d. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

spike wins compensatory damages

Rebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer. See you June 1. Can't wait!" On June 1 Spike arrives, to find that his position is filled by Gus. He sues Rebecca. a. spike wins compensatory damages b. spike wins $58,000 c. spike wins $3,000 d. spike wins restitution e. spike wins nothing

trespass

Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of: a. larceny b. misrepresentation c. trespass d. conversion

fasle

T/F: Alice offers to sell her car to Barry for $500, and Barry accepts. Alice's car has a market value of $1,000 but this fact is unknown to Alice. The contract is unenforceable.

false imprisonment

______ is defined as the wrongful confinement or detention of a person against his or her will. a. malicious prosecution b. outrageous conduct c. false imprisonment d. fraud

voidable

a _____ contract is defined as one that may be treated as void or valid at the options the innocent party. a. valid b.void c. voidable d. unenforceable

fraud in the inducement

a bank officer forges the signatures of his customer on a promissory note. this not is void as a result of: a. fraud in the inducement b. fraud in the execution c. negligent misrepresentation d. none of the above

licensee

a hunter who has permission to hunt on someone else's property falls into which category: a. trespasser b. licensee c. invitee d. none of the above

valid

a(n) ____ contract is a promise, or a set of promises, the breach of which the law provides a remedy. a. valid b. void c. voidable d. unenforceable

unenforceable

a(n) _____ contract is one that is technically valid, but a legal reason prevents the courts from enforcing it. a. valid b. voidable c. void d. unenforceable