Business Law - Ch. 6-10
10.12 Which of the following is true with regard to misrepresentation? A) Fraud in the execution is defined as some misrepresentation about the subject of the contract B) Fraud in the inducement is defined as a misrepresentation as to the character of the contract C) If a misrepresentation is intentional, it is non-fraudulent D) If a misrepresentation is unintentional, it is fraudulent E) A non-fraudulent misrepresentation can be innocent
E) A non-fraudulent misrepresentation can be innocent
9.17 Which of the following is an example of a valid contract according to the UCC? A) Bob offers to sell either of his bikes, red or blue, to Sam the the coming Monday for $1,000, to which Sam agrees. On Saturday Bob goes to race dirt bikes on his red bike; due to a minor collision, the red bike's brakes stop working. He does not get time to get the brakes repaired. On Monday, however, he offers the red bike to Sam, who was out of town for the weekend. B) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday for $1,000, to which Sam agrees. On Monday, Bob sells his blue bike to Sam and asks for $1,500 in return. C) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday. Sam agrees to buy the blue bike and to pay $1,000 or $1,200. On Monday, Bob asks Sam to pay $1,200 for his red bike. D) Bob offers to sell either of his bikes, red or blue, for $1,000 to Sam the coming Monday, to which Sam agrees. Bob also asks Sam, as part of the deal, not to buy a bike during the weekend, again agreed to by Sam. Sam goes out of town for the weekend and buys a bike for $700. Bob asks Sam to pay him $1,000 for his bike on Monday. E) Bob offers to sell either of his bikes, red or blue, to Sam for $1,000 on a Monday, to which Sam agrees. On the second Monday of the month, Sam asks Bob to sell his blue bike for $1,000.
E) Bob offers to sell either of his bikes, red or blue, to Sam for $1,000 on a Monday, to which Sam agrees. On the second Monday of the month, Sam asks Bob to sell his blue bike for $1,000.
6.14 Which of the following holds true in the case of assault and battery? A) A hockey player who hits his opponent with his stick can be prosecuted for the crime of assault. B) If a man kisses a woman against her will, he is prosecuted for the crime of assault. C) If a man throws a rock at his neighbor who dodges it, the man has committed a battery. D) If a surgeon operates a patient without getting the consent form signed, it will be an assault. E) Battery is a deliberate placing of another in fear of receiving an immediate assault.
Not A or B
10.5 If the misrepresentation is fraudulent, the victim can avoid the contract, no matter the significance of the misrepresentation True or False
True
10.6 A person who makes the mistake of not reading a written document will usually get no relief True or False
True
10.7 If a contract has been executed, the infant must face more arduous consequences True or False
True
10.8 In case of disavowal, an infant has to account for what has been consumed during the contract True or False
True
6.7 If a defendant intends to do something that was not criminal, no act in furtherance of his intention can be an attempt. True or False
True
6.8 Constitutionally, bail can be withheld only if there is reason to believe that the accused will flee the jurisdiction. True or False
True
7.11 The actual cause of negligence is sometimes called the "but for" event that is a breach of duty on the part of the defendant. True or False
True
7.2 In a civil case, the tort victim or his family, not the state, brings the action. True or False
True
7.5 If a plaintiff recovers $1 million as compensatory damages, he need not pay tax on the award. True or False
True
7.8 A newsmagazine may use a baseball player's picture on its cover without first obtaining written permission. True or False
True
7.9 The law imposes no obligation to act in a situation to which we are strangers. True or False
True
8.2 The legal definition of contract is formalistic. True or False
True
8.5 The Uniform Commercial Code is not a federal law but uniform state law. True or False
True
8.6 The only contracts and agreements covered by Article 2 are those relating to present or future sale of goods. True or False
True
8.8 Under the Convention on Contracts for the International Sale of Goods, consideration is not required to form a contract. True or False
True
8.9 A contract with a minor remains in force unless the minor decides that he or she does not wish to be bound by it. True or False
True
9.10 If a faxed document is sent but for some reason not received or not noticed, the emerging law is that the mailbox rule does not apply. True or False
True
9.11 Acceptance are considered effective when mailed, regardless of the method used to transmit the offer. True or False
True
9.3 If, after a reasonable time, an offered does not fulfill the terms of an offer, then it may be revoked. True or False
True
9.5 If an acceptance that requests a change or an addition to the offer does not require the offeror's assent, then the acceptance is valid. True or False
True
9.6 For unilateral contracts without notification, the offer or may, after a reasonable time, treat the offer as having lapsed. True or False
True
9.9 As per the mailbox rule, an acceptance is effective when it is dropped in the mail by the offeree. True or False
True
10.3 If a statement of fact is made false by later events, it must be disclosed as false True or False
True
10.1 A contract induced by improper threats or undue influence is void True or False
False
10.10 A person who was intoxicated at the time he made a contract cannot subsequently ratify it True or False
False
10.2 Fraud in the execution involves some misrepresentation about the subject of the contract that stimulates assent True or False
False
10.9 If the tort suit is an indirect method for enforcing a contract, infants are liable for their torts True or False
False
6.4 A false-pretense violation relates to a statement of intention, not to a past event or existing fact. True or False
False
7.6 The mere dismissal of the original lawsuit against a plaintiff is sufficient proof that the suit was unwarranted. True or False
False
7.7 Statements made during the course of judicial proceedings can serve as a basis of a defamation suit. True or False
False
6.12 _____ is a serious kind of crime, usually involving potential imprisonment of six months or more. A) Felony B) Extortion C) Entrapment D) Embezzlement E) Arson
A) Felony
6.13 Which of the following is true about homicide? A) A soldier killing an enemy on a battlefield is an excusable homicide. B) A homicide can be murder even if there is no intent to kill C) A situation in which death results from an accident in which the killer is not at fault is known as justifiable homicide. D) A homicide committed with malice aforethought is known as a misdemeanor. E) Involuntary manslaughter is an intentional killing carried out as the result of some provocation.
B) A homicide can be murder even if there is no intent to kill
7.18 Identify the legal doctrine which states that the higher authority must respond to claims brought against one of its agents. A) Estoppel B) Respondeat superior C) Res ipsa loquitur D) Negligent entrustment E) Proximate cause
B) Respondeat superior
8.20 In Roger's Backhoe Service, Inc. V. Nichols, which of the following led to the final decision by the court? A) The examination of the brick wall indicated that it was unfeasible to use that source of drainage B) The drainage into the underground creek was fully explored and rejected C) The services were beneficial to the recipients D) The charges submitted on the invoices for the three-day work was unfair and unreasonable E) There was no contract between the plaintiff and the defendant regarding the three-day work
C) The services were beneficial to the recipient
9.18 The mailbox rule: A) has a lineage tracing back less than 50 years to the English courts B) states that the solution is not the same as the rationale for the rules C) states that the acceptance is not effective until received by the offeror D) places the burden on the offeror E) states that the offeree alone has the power to fix the moment of effectiveness
D) places the burden on the offeror
10.18 Which of the following is true about persons who are mentally ill? A) A contract made by a person who is mentally ill is still non-voidable by the person after regaining sanity B) If a guardian has been legally appointed for a mentally ill person, any contract made by the latter is valid and can be ratified by the ward C) If a contract is for a necessity, the other party to the contract cannot claim against the estate of the one who is mentally ill D) In a contract for necessity, if the contract is fair and the other party has no knowledge of the mental illness, the court does not have the power to order relief E) In a contract for necessity, only if a mental illness impairs the competence of the person in the particular transaction can the contract be avoided
E) In a contract for necessity, only if a mental illness impairs the competence of the person in the particular transaction can the contract be avoided
10.4 A defendant can win a case by solely demonstrating that the plaintiff would have assented to the contract even without the misrepresentation True or False
False
6.1 If a new technology-specific company employing the maximum people of a town shuts down due to financial reasons, the company has committed a crime. True or False
False
6.2 The requirement that criminal statutes not be vague means that the law always defines crimes in ways that can be easily and clearly understood. True or False
False
6.6 According to law, if a landlord broke open the room of his tenant with intent to commit felony, it cannot be termed as burglary. True or False
False
9.20 What was the court's decision in Lucy v. Zehmer? A) The claim made by Lucy was inconsistent with his attempt to testify in great detail as to what was said and what was done B) The writing signed by the defendants did not constitute a binding contract of sale between the parties C) At no time prior to the execution of the contract had Zehmer indicated to Lucy by word or act that he was not in earnest about selling the farm D) The $5 offered by Lucy to Zehmer to seal the bargain for selling the plot for $50,000 was inadequate E) The mental assent of the parties is not requisite for the formation of a contract
Not c or d
6.10 In State v. Mills, the court ruled that an intent to repay a loan obtained on the basis of a false representation of the security for the loan is no defense. True or False
True
6.3 An unintentional killing that takes place during an armed robbery is a homicide. True or False
True
6.5 Under common law, extortion could only be committed by a government official, who corruptly collected an unlawful fee under color of office. True or False
True
8.1 Contract law did not develop according to a conscious plan. True or False
True
9.19 According to the Uniform Electronic Transactions Act (UETA), which of the following is true? A) A record or signature may be denied legal effect solely because it is in electronic form B) A contract may not be denied enforceability solely because an electronic record was used in its formation C) If a law requires a record to be in writing, an electronic record cannot satisfy the law D) If a law requires a signature, an electronic signature cannot satisfy the law E) The UETA addresses all the problems with electronic contracting
B) A contract may not be denied enforceability solely because an electronic record was used in its formation
10.11 Which of the following is true about undue influence? A) It is a harsher form of duress B) The unfairness does not like in any misrepresentation C) Usually the fact pattern involves the victim receiving advice from most people except the persuader D) A contract made under undue influence stands void E) The perpetrator threatens the victim to assent to the contract
B) The unfairness does not like in any misrepresentation
7.13 A defense to a plaintiff's action in tort where the plaintiff has knowingly and voluntarily entered into a hazardous activity which results in injury is known as ___. A) causation in fact B) assumption of risk C) negligence of plaintiff D) negligence per se E) res ipsa loquitur
B) assumption of risk
10.13 Identify the correct statement in proving fraudulent misrepresentation A) Concealment is a more passive type of nondisclosure B) Nondisclosure of a fact operates as a misrepresentation under all circumstances C) The act of concealment should be direct D) Concealment may consist of diverting the other party from gaining the necessary knowledge E) Sales puffery is considered a fact
D) Concealment may consist of diverting the other party from gaining the necessary knowledge
8.14 The most important source of contract law is _____. A) federal statutes B) the federal government C) the Convention on Contracts D) state statutes E) civil laws
D) state statutes
6.11 Which of the following is true about criminal law? A) Plaintiffs seek compensation. B) Plaintiffs seek remedies for themselves. C) It is the most ancient branch of law. D) It involves harm to certain individuals, not society. E) The law describes in general terms the nature of the conduct they wish to criminalize.
C) It is the most ancient branch of law.
9.16 Which of the following is a valid contract under UCC? A) Alex offers to sell his house to Billy for $100,000 and gives a written promise. On the 29th day, Billy calls up Alex to accept the offer. B) Alex offers to sell his house to Billy for $100,000 and gives a written promise to keep the offer open for 10 days. Billy calls up Alex on the fifth day accepting the offer and on the 10th day goes to buy the car. Alex asks for $155,000. C) Alex offers to sell his house to Billy for $100,000 and gives a written promise to keep the offer open for 10 days. Two days later, Alex sends a telegram to Billy to revoke the offer. On the morning of the fifth day Billy receives Alex's telegram. BIlly calls up Alex the same afternoon accepting the offer. D) Alex offers to sell his house to Billy for $100,000 and gives a written promises to keep the offer open for 10 days. Billy offers to pay him $1,000 extra for keeping the offer open for 20 days. Two days later, Billy calls Alex to revoke the offer. Alex calls up Billy on the ninth day to accept the offer. E) Alex offers to sell his house to Billy for $100,000 and gives a written promise to keep the offer open for 10 days. On the third day Billy calls up Alex, declining the offer. On the tenth day, Alex asks Billy to come and buy the car at the agreed price.
A) Alex offers to sell his house to Billy for $100,000 and gives a written promise. On the 29th day, Billy calls up Alex to accept the offer.
9.15 Which of the following is an example of a valid contract according to common law? A) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday for $1,000, to which Sam agrees. On Saturday Bob goes to race dirt bikes on his red bike; due to a minor collision, the red bike's brakes stop working. On Monday, however, he offers the blue bike to Sam, who was out of town for the weekend. B) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday, to which Sam agrees. On Monday, Bob sells his blue bike to Sam and asks for $1,500 in return. C) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday, to which Sam agrees to pay $1,000 or $1,200 for the blue bike. On Monday, Bob asks Sam to pay $1,200 for his red bike. D) Bob offers to sell either of his bikes, red or blue, for $1,000 to Sam the coming Monday, to which Sam agrees. Bob also asks Sam, as part of the deal, not to buy a bike during the weekend. Sam goes out of town for the weekend and buys a bike for $700. Bob asks Sam to pay him $1,000 for his bike on Monday. E) Bob offers to sell either of his bikes, red or blue, to Sam for $1,000 the first Monday of the month, to which Sam agrees. On the second Monday of the month, Sam asks Bob to sell both his bikes for $1,000.
A) Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday for $1,000, to which Sam agrees. On Saturday Bob goes to race dirt bikes on his red bike; due to a minor collision, the red bike's brakes stop working. On Monday, however, he offers the blue bike to Sam, who was out of town for the weekend.
7.17 In which of the following cases will a defendant be charged? A) Claire's car had a broken indicator, but she did not have time to get repaired. Lily borrowed the car, but Clair forgot to inform her about the indicator. While parking the car, Lily met with an accident. B) Harry entered a lift, the entrance of which had a signboard saying that the lift was undergoing maintenance. The lift crashes and Harry is injured. C) Sam and Tom went to a bar and Tom got drunk. Sam offered to drive back home but Tom refused; they met with an accident. D) Tim sold a plot to George after getting it checked for pests. One day a rat wanders into the plot and bites into the main electricity wire leading to a short circuit. E) Allen works at an explosives manufacturing factory as a nighttime security guard. One night the power went out; Allen suspected someone was inside the factory. He lit a candle and went inside; the factory immediately exploded.
A) Claire's car had a broken indicator, but she did not have time to get it repaired. Lily borrowed the car, but Clair forgot to inform her about the indicator. While parking the car, Lily met with an accident.
9.13 Which of the following is a valid contract according to common law? A) Jon offers to sell his car to Jack for $50,000 and promises to keep the offer open for 10 days. Jack offers to pay him $1,000 extra for keeping the offer open for 20 days. Two days later, Jon calls Jack to revoke the offer but Jack misses his call. Jack calls up Jon on the ninth day to accept the offer. B) Jon telephones Jack to tell him about selling his car to Jack for $50,000. He promises to keep the offer open for 10 days. Two days later, Jon telephones Jack to revoke the offer. Jack telephones Jon on the ninth day to accept the offer. C) Jon offers to sell his car to Jack for $50,000 and promises to keep the offer open for 10 days. Jack calls up Jon on the fifth day accepting the offer and on the tenth day goes to buy the car. Jon asks for $55,000. D) Jon offers to sell his car to Jack for $50,000 and promises to keep the offer open for 10 days. Two days later, Jon sends a telegram to Jack to revoke the offer. On the morning of the fifth day Jack receives Jon's telegram. Jack calls up Jon the same afternoon accepting the offer. E) Jon offers to sell his car to Jack for $50,000 and promises to keep the offer open for 10 days. On the third day Jack calls up Jon, declining the offer. On the tenth day, Jon asks Jack to come and buy the car at the agreed price.
A) Jon offers to sell his car to Jack for $50,000 and promises to keep the offer open for 10 days. Jack offers to pay him $1,000 extra for keeping the offer open for 20 days. Two days later, Jon calls Jack to revoke the offer but Jack misses his call. Jack calls up Jon on the ninth day to accept the offer.
6.15 _____ is the wrongful taking and carrying away of the personal property of another with intent to steal the same. A) Larceny B) Misdemeanor C) Felony D) Forgery E) Burglary
A) Larceny
6.19 Which of the following is the constitutional right of an accused? A) The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights. B) The Fourth Amendment is the source of a person's right against self-incrimination. C) Self-incrimination means that the prosecutor can call the defendant to the witness stand during trial D) The Sixth Amendment requires all criminal prosecutions to go to trial within 90 days E) The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.
A) The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.
8.17 Which of the following is true about the Convention on Contracts for the International Sale of Goods (CISG)? A) Under CISG, consideration is not required to form a contract B) It was approved in 1942 at a diplomatic conference in Vienna C) CISG includes the Statute of Frauds D) The CISG applies to contracts for the sale of electricity E) CISG is mandatory to parties to an international contract for the sale of goods
A) Under CISG, consideration is not required to form a contract
10.17 In a contract with an infant, ______ A) eighteen-year-olds may assent to binding contracts B) if the contract has been executed, the infant would be relieved from facing more arduous consequences C) if the contract is executory, the infant will be liable under a quasi-contract D) the infant will lose his power to accept the contract if the rights of third parties intervene E) if a tort suit is an indirect method of enforcing a contract, infants will not be held liable for their torts
A) eighteen-year-olds may assent to biding contracts
7.19 An "act of God", is sometimes called ____. A) force majeure B) respondeat superior C) estoppel D) voir dire E) res ipsa loquitur
A) force majeure
8.18 Which of the following is an example of a quasi-contract? A) Ann agreed to buy her colleague's house for $1 million and to take title on the subsequent Sunday B) A pizza delivery boy mistakenly leaves the neighbor's pizza on Ruby's fence and her son eats the pizza. The pizza boy asks Ruby to pay the bill. C) A regular customer asks for a hamburger and is asked to pay $50 for it, though it is not listed on the menu D) Tom buys a cycle from his friend for $50 which Tom's father pays for E) Cindy offers to buy Nile's bat for $10 and he agrees to it in writing with both their signatures on paper
B) A pizza delivery boy mistakenly leaves the neighbor's pizza on Ruby's fence and her son eats the pizza. The pizza boy asks Ruby to pay the bill
6.18 In which of the following cases will criminal liability be excused? A) Jerry asks Tom for an aspirin and Tom handed him two pills. The pills were poisoned as Tom intended to kill Jerry. B) If the law requires that you always carry a license, but the official issuing the license formally tells that you need not. C) Jerry asks Tom for an aspirin and Tim handed him two pills. The pills were poisoned, but Tom believed that it would just make Jerry mildly unconscious. D) The police use an undercover agent to sell drugs in order to catch the actual drug dealers. E) A traffic policeman does not like his neighborhood and asks a towing company to remove the neighbor's car on the basis of having being parked in a no-parking, while it actually was properly parked.
B) If the law requires that you always carry a license, but the official issuing the license formally tells that you need not.
7.15 Which of the following statements about malicious prosecution is true? A) All U.S. courts permit a suit for wrongful civil proceedings. B) The criminal proceeding need not terminate in the plaintiff's favor in order for his suit to be sustained. C) It is the tort of causing someone to be prosecuted for a criminal act, knowing that there was probable cause to believe that the plaintiff committed the crime. D) The defendant must show that the plaintiff acted with some purpose other than brining the guilty to justice. E) A mere complaint to the authorities is sufficient to establish the tort
B) The criminal proceeding need not terminate in the plaintiff's favor in order for his suit to be sustained.
10.15 With reference to assertions of intention, which of the following is NOT true? A) Usually, assertions of intention are not considered facts B) The right to misstate intentions is useful chiefly in the acquisition of business C) To be a misrepresentation that will permit rescission, an assertion of intention must be false at the time made D) To render a contract voidable, the false assertion of intention must be harmful in some way to other interests of the recipient E) The law allows considerable leeway in the honesty of assertions of intention
B) The right to misstate intentions is useful chiefly in the acquisition of business
8.15 One of the ALI's first projects, and ultimately one of its most successful, was the drafting of _____ completed in 1932. A) the Uniform Commercial code B) the Restatement of Law of Contracts C) the quasi-contract D) the Convention on Contracts for the International Sale of Goods E) Article 2
B) the Restatement of Law of Contracts
7.16 Which of the following is a proximate cause? A) The injuries to the plaintiff are too remotes. B) If an injury would not have occurred but for the defendant's conduct. C) A cause that is foreseeable D) An event that is a breach of duty on the part of the defendant. E) A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury.
C) A cause that is foreseeable
7.14 Which of the following is an example of battery? A) Pointing a loaded gun at a person. B) Swinging a fist at someone without hitting him/her. C) A person poking someone in the chest with his/her finger to emphasize a point. D) Throwing an object at a person that causes a nearby person anxiety E) Tapping someone on the shoulder to ask a question.
C) A person poking someone in the chest with his/her finger to emphasize a point.
10.14 Which of the following is true of fraudulent misrepresentation? A) A fraudulent misrepresentation is a crime B) Fraudulent misrepresentation is a misstatement of facts that is unintentionally made and justifiably relied upon C) If a statement of fact is made false by later events, it must be disclosed as false D) A half-truth cannot amount to misrepresentation E) A typist's unnoticed error in a letter cannot amount to misrepresentation
C) If a statement of fact is made false by later events, it must be disclosed as false
6.16 Which of the following is true in case of forgery? A) Forgery does not include that done by typing. B) If a person signs his own check knowing that there is no money in his account, the instrument is forged. C) The forged instrument must itself be false, not merely contain a falsehood. D) Forgery can be committed only by forging signatures. E) Alteration of an already existing document doesn't not constitute forgery.
C) The forged instrument must itself be false, not merely contain falsehood.
10.19 In Konic International Corporation, v. Spokane Computer Services, Inc., which of the following led to the final decision by the court? A) There was a mistake on part of Young who did not have the authority to order the equipment B) The contract was made intentionally misrepresenting the facts C) The mistake was mutual, relating to the failure of communication D) There was a misstatement of fact by Konic E) There was a fraudulent misrepresentation
C) The mistake was mutual, relating to the failure of communication
9.12 Which of the following is an example of a valid offer? A) Tim advertises in a newspaper to sell his car for $4,000 B) A tire manufacturer sends his quotation to a car manufacturer for a particular make of tire at $50 C) Walmart advertises that all canned juices in its stores would be available at a discount of 50 percent on the printed price D) A laptop showroom advertises that every laptop purchased would be eligible for a free backpack, subject to availability E) A backyard sale at Castle estate advertising the sale of all items in an auction for up to 50 percent discount
C) Walmart advertises that all canned juices in its stores would be available at a discount of 50 percent on the printed price
6.17 Which of the following statements about crime is true? A) Jon points a gun at Tom intending to shoot him dead, but reconsidered and put the gun away. B) Jon was preparing to shoot Tom to death. His neighbor overheard his plan and called the police, who just saw Jon snapping his gun into his shoulder holster. C) Tom, Dick, and Harry agree upon robbing a supermarket. While Tom buys a car to be used as the getaway, only Dick and Harry rob the supermarket after which all the three flee in the car. Only Dick and Harry would be convicted of conspiracy to commit robbery. D) A corporation may be convicted and fined for violations by employees. E) Jack, a supervisor with intent to steal the company's money, asks his assistant Jane who is unaware of the situation, to take the money-filled bag to Jack's home. Jane will be convicted of conspiracy.
D) A corporation may be convicted and fined for violations by employees.
10.16 Which of the following statements pertaining to mistakes is true? A) If one party has made a mistake about the subject matter, a contract is voidable B) A person who has made the mistake of not reading a written document would still get relief C) Relief will be afforded to one whose mistake is caused by negligence, and if the person would suffer reasonable hardship if the mistake were not corrected D) If the dealer has to bear the risk of mistake, the contract is valid E) A mistake is unilateral if it has a material effect on the agreed-to exchange
D) If the dealer has to bear the risk of mistake, the contract is valid
8.13 George offers to sell his car to Suzy for $10,000 on the coming Sunday, to which Suzy agrees. They write down the details on a paper. On the decided day, Suzy pays the cash to George, but he refuses to sell the car to her saying that his friend Marty has offered to pay $30,000 for the same car. On the basis of which doctrine can Suzy sue George? A) Quasi-contract B) Partially executed contract C) Executory contract D) Promissory estoppel E) Implied contract
D) Promissory estoppel
7.20 A proximate cause _____. A) is called the "but for" event B) is any act that fails to meet the standard of a person's "duty of due care" toward others C) creates a "presumption" that the defendant was negligent because he was in exclusive control of the situation D) is also known as legal cause E) is an act of the defendant that violates a "statute regulation"
D) is also known as legal cause
8.12 Which of the following is an example of a valid contract? A) Tom offered to clean Harry's garden for a sum, which Harry did not agree to. On a Sunday afternoon, Tom asks Harry to pay $20 for cleaning the garden, which Harry refuses. B) Tom offered to clean Harry's garden for a sum. Harry was very drunk and agreed. On a Sunday afternoon, Tom asks Harry to pay $20 for cleaning the garden, which Harry refuses. After persistent requests by Tom, Harry agrees to pay $10, which Tom declines. C)Tom offered to clean Harry's garden to which Harry agreed. On a Sunday afternoon, Tom asks Harry to pay $20 for cleaning the garden, which Harry refuses. D) Tom and Harry bet on the ongoing FIFA match, on losing which Tom had to clean Harry's garden. On a Sunday afternoon, Tom asks Harry to pay $20 for cleaning the garden, which Harry refuses. E) Harry calls up Tom asking him to clean his garden. He offers $20 for the job and tells him that Tom can have free lunch thereafter for the next two weeks at his place. Impatiently, Tom cuts him off and agrees to clean the garden on whatever terms Harry wants.
E) Harry calls up Tom asking him to clean his garden. He offers $20 for the job and tells him that Tom can have free lunch thereafter for the next two weeks at his place. Impatiently, Tom cuts him off and agrees to clean the garden on whatever terms Harry wants.
8.16 Which of the following forms part of Article 2? A) General provisions B) Commercial paper C) Bank deposits and collections D) Bulk transfers E) Remedies
E) Remedies
10.20 Which of the following led to the final decision by the court in the Vokes v. Arthur Murray, Inc. case? A) The contract did not develop Vokes' dancing abilities B) The contract did not develop Vokes' dance aptitude C) The contract led to Vokes having difficulty in hearing the musical beat D) There was an assertion of intentions E) The contract was a misrepresentation of assertion of opinion
E) The contract was a misrepresentation of assertion of opinion
7.12 Which of the following is true in case of a tort? A) A conduct that is not twisted or crooked but straight is a tort. B) The law provides remedies for all "wrongs". C) In a civil case, the state, not the tort victim, brings the action. D) A tort is an act against the people as a whole E) The judgement against a defendant in a civil tort suit is usually expressed in monetary terms.
E) The judgement against a defendant in a civil tort suit is usually expressed in a monetary terms.
6.20 According to _____, evidence obtained in violation of constitutional rights from the Fourth , Fifth and Sixth Amendments are generally not admissible at trial. A) the establishment clause B) the Free Exercise Clause C) double jeopardy D) totality-of-the-circumstance E) the exclusionary rule
E) the exclusionary rule
6.9 The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel. True or False
False
7.1 The word tort implies a criminal wrong. True or False
False
7.10 The law of negligence requires us to behave with due regard for the unforeseeable consequences of our actions in order to avoid reasonable risks of injury. True or False
False
7.3 Intentional torts result from carelessness. True or False
False
7.4 Tort law is more concerned than criminal law about the reasons for a defendant's actions. True or False
False
8.10 If Debra makes an agreement to deliver a car to Denny, and does so, the contract is called an executory contract until Denny makes the payment. True or False
False
8.11 Contracts for the purchase and sale of goods are essentially bilateral and non-executory in nature. True or False
False
8.3 A wager is a legal contract as both parties shake on the bet. True or False
False
8.4 The Restatement of the Law of Contracts deals with the sale of goods. True or False
False
8.7 The Convention on Contracts for the International Sale of Goods has been adopted by more than 40 countries excluding the United States. True or False
False
9.1 In interpreting an agreement, courts generally apply a subjective standard. True or False
False
9.2 Dixie writes an e-mail to sell her bike for $1,000, but forgets to send it. Coincidentally, her classmate's mother wants to buy a bike for her kids and sends an e-mail to Dixie saying that she wants to buy her bike for $1,000. This is a valid offer. True or False
False
9.4 According to the mirror image rule, a response to an offer can change its terms. True or False
False
9.7 The estate of a deceased person cannot be held liable on a contract made by the person before death. True or False
False
9.8 A promise cannot be made to one person who is not expected to do anything in return. True or False
False
8.19 Which of the following would be considered an example of a valid contract? A) Nancy agrees to buy her 15-year-old neighbor's car for $10,000 B) George offers to pay Libber $1,000 for killing his neighbor's wife and Libber agrees to it C) Tim owes Peter money, but the statute of limitations has run out D) Tam owes Peter money, but before the statute of limitations ends, Tom declares bankrupt E) Tom owes Pete money, but Pete has waited too long to collect it and the statute of limitations has run out; however, Tom promises to repay half the amount
Not A or B
9.14 Which of the following is an example of a contract offer? A) A notice on a Web site offering to sell a mobile phone for $400 B) British Petroleum asking companies to quote for its new venture C) Greg puts up a notice on a tree in his locality offering a reward of $100 for anyone who finds his missing cat D) On January 1, a company declares a bonus of $1,000 for all its employees who complete a year in the company since the date of announcement E) Tixie writes an e-mail to sell her bike for $1,000, but forgets to send it. Coincidentally, her classmate's mother want to buy a bike for her kids and sends an e-mail to Tixie saying that she wants to buy her bike for $1,000.
Not C
