test 2 B-law

Which of the following is a 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.

All of the above.

Which of the following would be considered a valid and legally enforceable agreement?

An agreement by a car salesman not to sell automobiles or automobile parts in Lafayette County for a period of one year after terminating his employment.

Arnold wrote a defamatory letter regarding Bert which he mailed to Bert, and only showed to Bert's good friend, Stan. 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.

Arnold has committed the tort of libel.

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 Bob's injury. b. 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. 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.

C. lose because Kelly had no legal duty to rescue him.

Under what law in Mississippi can a person be justified in using force to protect themself from an intruder in their home or work place?

Castle Doctrine

The Uniform Commercial Code governs contracts for: a. services b. employment c. real estate d. none of the above

D

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 overinflating the tire, which led to Phillip's injury. b. win based on negligence per se. c. lose because the court would apply the 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.

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.

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.

E-presto is liable for tortious interference with a contract.

Barrett, who is a minor, enters into a contract with Elizabeth, who is an adult. Which of the following is correct?

Elizabeth may not disaffirm the contract.

Elmer wrote a letter to his friend Fred offering to sell Fred an 80-acre farm for $200,000. After mailing the letter, Elmer learns that the farm is actually worth $300,000 and changes his mind about selling.

Elmer can revoke his offer at any time before acceptance, because there is no consideration to keep the offer open.

(T/F) A contract to commit a tort will be enforced by the courts.

F

(T/F) Ann makes a material misrepresentation of fact to Brian, and based upon the misrepresentation, Brian enters into a contract. Ann now thinks that the contract is not fair to her. This contract is voidable at Ann's option.

F

(T/F) The courts will always invalidate a contract if the consideration is inadequate

F

(T/F) All written contracts are considered to be formal contracts.

False

(T/F) Bill is currently enrolled in law school. He expects to graduate and take the bar exam in order to be able to practice law. Before Bill becomes a lawyer, he promises to represent his friend, Tom, in a breach of contract action if Tom will pay him 25% of the settlement. Bill negotiates and the case settles for $50,000. Tom refuses to pay Bill. Bill then graduates and attempts to sue Tom. Bill has a legal right to enforce the agreement.

False

(T/F) Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

False

(T/F) If Bill tells Sara that he will give her two days to decide if she wants to buy his car, he cannot sell it to anyone else during that time.

False

(T/F) John promises to act as a guide on a fishing trip for a group of visiting dignitaries. The dignitaries agree to pay him $200 for his services. John guides them, but when they discover that John does not have a fishing license, they refuse to pay him. The agreement between John and the dignitaries is an illegal one, which is not enforceable, only if the fishing guide licensing law is for purpose of raising revenues.

False

(T/F) John was a licensed physician in Michigan. When John retired to Oxford, he started providing medical services to the people in his condo, relying entirely on his Michigan medical license. John's next-door neighbor, Isaac, owed John $2000 for medical services. John will be able to enforce the contract he made with Isaac.

False

(T/F) Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory.

False

(T/F) Nell gives Al $50 in return for Al's promise to defame Sara, because Nell hopes to ruin Sara's chances at a promotion. When Nell finds out that Al did not hold up his end of the agreement, she will be able to get her money back or will be able to force Al to do as he promised through litigation.

False

(T/F) The Abbot Corporation contracts with the Baker Corporation to sell to Baker its entire production. After signing the agreement, Abbot can increase its production from one shift to two shifts and Baker will have to buy all of the doubled production.

False

(T/F) The courts will always invalidate a contract if the consideration is inadequate.

False

(T/F) The law applies a subjective standard of intent in determining whether there was the requisite intent to enter into a contract.

False

(T/F) while hunting, Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger's injuries.

False

T/F A contract with a person who is under a court ordered guardianship is voidable.

False

T/F A valid contract can legally be voided by either party.

False

T/F Karen offers to buy Joe's business law textbook. Joe is the offeror.

False

T/F Kathy offers to sell Mies her house for $95,000, and she tells Mies that the offer will be open for ten days. By the eighth day, Mies has not accepted the offer and Kathy gets angry and she tells Mies that the house is no longer for sale. On the morning of the tenth day, Mies informs Kathy that he is accepting her offer of $95,000. Because Kathy promised to keep the offer open for ten days, Mies can still legally accept it under these circumstances.

False

T/F Under pure contributory negligence, each party's negligence is measured in terms of percentage of fault for the entire accident, and any damages allowable to the plaintiff shall be diminished in proportion to amount of negligence attributable to the plaintiff.

False

______ is defined as the wrongful confinement or detention of a person against his or her will.

False imprisonment

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 if 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.

Frank cannot revoke his offer if Missy pays him $5 to keep the offer open until tomorrow.

Which of the following will support a contract? a. an illusory promise b. giving a return promise c. past consideration d. a pre-existing public obligation

Giving a Return promise

Liza offers to help Helen do her laundry. By what means can Helen terminate this offer? I. Revocation II. Rejection III. Counteroffer

II. Rejection III. Counteroffer

Patrick offers to buy Tyler's iPad. By what means can Tyler terminate Patrick's offer? - Revocation - Rejection - Counteroffer

II. Rejection III. Counteroffer

A hunter who has permission to hunt on someone else's property falls into which category:

Liscensee

R&R, Inc. entered into a contract with Scott, an agent, under the terms of which Scott would receive $20,000 if he stole trade secrets from the leading competitor of R&R. Scott performed his end of the agreement by delivering the trade secrets. R&R now refuses to pay Scott for his services.

Scott will be unable to recover, because this is an illegal contract.

Eliza was an antique expert. She went to a tea party at Mrs. Jones' house and saw a magnificent Queen Anne table out on the back porch. She asked Mrs. Jones about it and was told it was in the way so they were going to store it in the barn. Eliza offered to buy it from her for $200. The next week, Mrs. Jones saw the table in Eliza's store on sale for $3,000. Which of the following is true?

She cannot rescind the contract because Eliza did not have a duty to tell her the value of the table.

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's promise, as it does not have a lawful purpose.

The law would not enforce James's promise, as it does not have a lawful purpose.

Walt helped Sam study all night for his Business Law exam. After Sam got an A on the exam, he told Walt, "I will give you $25 for helping me get a good grade." Walt said, "Thanks, I'll take it."

There is no contract because there is no valid consideration.

arah is working hard on the mayoral campaign of Timothy. She thinks that just a few more votes could win the election, so she promises to pay her friend Violet $50 to register and vote. Violet does so, but Timothy loses the election, and Sarah now refuses to pay. - This agreement violates public policy and is an illegal bargain. - This agreement is valid and enforceable.

This agreement is valid and enforceable.

(T/F) A mental illness or defect of one of the parties to a contract does not automatically make a contract void.

True

(T/F) Barbara, a wealthy widow, promises the Pastor John that she will donate $20,000 to the church to help pay off its mortgage if the stewardship committee can obtain enough pledges for the balance of the $80,000 mortgage. Other pledges are obtained to pay off the mortgage, but now Barbara has changed her mind and plans to take an around-the-world cruise instead. The doctrine of promissory estoppel would apply here to require Barbara to donate the $20,000.

True

(T/F) For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

True

(T/F) In a bilateral contract, if one party is not bound, neither party is bound.

True

(T/F) Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

True

(T/F) On June 1, the Phi Delts made an offer of $300 to a beer distributor to have ten kegs delivered to Lamar Park in the City of Oxford for a July 4th fund-raising event. On June 30, the city passed a new law prohibiting consumption of alcohol in the city park. The Phi Delts' offer is terminated on June 30.

True

(T/F) To raise revenues, the City of Water Valley required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. (This is in addition to the sanitation inspection license.) While eating at Water Valley Taco Palace, Claire notices that Taco Palace's patio permit expired. Claire is still legally required to pay for her food.

True

(T/F) When a bid is made at an auction, it can be revoked if the auctioneer has not yet accepted the bid because the auctioneer has the power of acceptance.

True

(T/F) While hunting, Roger enters Adele's property without permission and is injured by falling into a deep hole that Adele dug which was obscured by brush that Adele deliberately covered it with. Under the common law, Adele is liable for Roger's injuries.

True

T/F A negotiable instrument, such as a check, is a type of formal contract.

True

T/F Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

True

T/F Silence can be an acceptance of an offer if the offeree had a duty to speak up.

True

T/F There is adequate consideration to support what might otherwise be a voidable contract when the value of what the first party to the contract receives under it is comparable to what he or she give to the second party.

True

Under the common law, the __________ must be the mirror image of the offer

acceptance,

The mirror image rule applies to:

an acceptance

Which of the following is an example of an 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.

b. Seller is not responsible for property damage regardless of the cause of the injury.

A bank robbery has occurred, and the banker's association has offered a $1,000 reward for information leading to the arrest and conviction of the robber. Several people are claiming to be entitled to the money. Which of them is eligible? - employees of the bank - bank robbers girlfriend who learned about the reward watching television.

bank robbers gf

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

A voidable contract is a contract in which:

because of the manner in which the contract was formed, the law permits one or more of the parties to void it.

A contract in which both parties exchange promises is a(n):

bilateral contract

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

c. Pre-existing public duty

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.

d. Jim is not liable to Diane for defamation.

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 regulating 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.

d. None of the above acts are negligence per se.

The basic distinction between a bilateral contract and a unilateral contract is that:

is that only one promise is made in a unilateral contract

Jane writes 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?

libel

In order to form a contract, the parties must:

manifest their agreement objectively

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?

no

Under the common law, the acceptance must be the mirror image of the _____________.

offer

Carol says, "Pam, you're my best friend in the world. I just inherited a million bucks, and I want you to have some of it. Come with me to the bank tomorrow, and I'll give you $10,000." "Sweet!" Pam replies. 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 cite the correct reason.

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, and I want you to have some of it. Come with me to the bank tomorrow, and I'll give you $10,000." "Sweet!" Pam replies. 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.

pam did not give consideration

Any property other than an interest in real property is:

personal property

_________ is a measure designed to protect the public from unqualified practitioners of a particular profession.

regulatory license

Sally offers to help Hunter do his laundry. By what means can Hunter terminate this offer? I. Revocation II. Rejection III. Counteroffer

rejection and counteroffer

A(n) _________________ is any contract or agreement that eliminates or tends to eliminate competition or obstructs trade or commerce.

restraint of trade

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:

trespass

(T/F) A counteroffer operates as a rejection of the original offer.

true

(T/F) An arm's-length transaction is not one in which the parties owe each other special duties.

true

(T/F) An implied contract is as enforceable as is an express contract.

true

(T/F) An offer must be communicated to the offeree in order for the offer to be effective.

true

(T/F) Death or insanity of either the offeror or the offeree ordinarily terminates the offer.

true

(T/F) If an agreement is not voluntary and knowing, it will be either void or voidable.

true

(T/F) In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

true

(T/F) It is not necessary for most contracts to be notarized and witnessed in order to be legally binding.

true

(T/F) Otherwise illusory promises may be transformed by some courts into actual promises by implying an obligation of good faith and fair dealing.

true

(T/F) The element of "bargained for exchange" is absent where a promise is given for an act that has already been done.

true

(T/F) When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present.

true

(T/F) an exculpatory clause attempts to excuse one from liability for her own tortious conduct.

true

(T/F) opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

true

T/F Malpractice is negligence committed by a doctor, lawyer, architect, pastor or other professional in the course of practicing their profession.

true

T/F Oral contracts are sometimes valid.

true

T/F The terms "nuisance" and "trespass to property" refer to entirely different torts.

true

A(n) __________ contract is one that is technically valid, but a legal reason prevents the courts from enforcing it.

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 $5,000, which is a fair fee. Chris takes bankruptcy after Calhoun gets the DUI dismissed, and the lawyer's bill is discharged. Is this debt void, valid, voidable or unenforceable?

unenforceable

A(n) _________ contract is a promise, or set of promises, the breach of which the law provides a remedy.

valid

A(n) ___________ contract is a promise, or set of promises, the breach of which the law provides a remedy.

valid

Lee has been declared incompetent by the court and is under the care of his sister. Without his sister knowing it, Lee rents the 30,000-seat civic center for his birthday party. Lee's contract to rent the civic center is best described as:

void

A ________ contract is defined as one that may be treated as void or valid at the option of the innocent party.

voidable

An auction sale where the auctioneer sells the items without stating any minimum acceptable bid is said to be:

without reserve

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

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

Which of the following would most probably be considered a valid offer? - "I'd give $50 for a cold beer." - "$200 reward for return of lost white-gold men's wedding band inscribed with initials TEA" - to Tony Adams, 350 Fillmore Avenue, Oxford

"$200 reward for return of lost white-gold men's wedding band inscribed with initials TEA" - to Tony Adams, 350 Fillmore Avenue, Oxford

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

$20,000

Al runs a red light and hits Carol's car. She later sues, claiming the following losses: $10,000—car repairs $10,000—medical expenses $10,000—lost wages (she could not work for two months after the accident) $10,000—pain and suffering If the jury believes all of Carol's evidence and she wins her case, how much will she receive in compensatory damages?

$40,000

Two cars, driven by Fred and Barney, collide on a busy street in Oxford, Mississippi. At trial, the jury determines that the accident was 90 percent Fred's fault and 10 percent Barney's fault. Barney's losses total $100,000. The suit was filed in the Circuit Court of Lafayette County, Mississippi. Barney will recover _____

$90,000

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

- Caps on non-economic damages - Limits on punitive damage awards

Which of the following are essential elements of an offer? - Consideration - Definiteness of terms - Intent to make a contract - Communication to offeree

- Definiteness of terms - Intent to make a contract - Communication to offeree

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.

A tortious act may also be a criminal act.

what are the two basic elements to consideration?

Bargained-for exchange and legal sufficiency

After losing out on a recent job offer from CNN, Miranda gets a second chance at employment when she receives an e-mail on Monday offering her a job with Fox to co-anchor a prime time news program with another Ole Miss alum, Shepherd Smith, at an annual salary of $775,000. The e-mail states that Miranda must accept the offer within 24 hours. Being the slow learner that she is, Miranda prints off the e-mail, pencils in a counteroffer for the news anchor job at $950,000 a year, plus her own make-up and wardrobe. She signs the counteroffer and mails it from the Union post office the following morning. After discussing her job offer with her father and mother, who are even more tired of footing Miranda's bills, they convince her to reconsider and this time take the job that was offered. With an hour left on her 24 hour period, Miranda e-mails an acceptance of the original offer to Fox. Under which scenario would a contract be formed?

If Fox hasn't already received Miranda's written counteroffer when it receives her e-mail acceptance.

A collection agency threatened to sue Martha for the unpaid hospital bills from her heart operation. She signed a promissory note at a high but not illegal rate of interest. What will result?

It is valid because the threat to bring a civil suit to collect money owed is permissible.

Jill contracts to purchase Kevin's automobile under the belief that she can sell it at a profit to Linda, but after Jill has bought the car, she finds out that Linda isn't interested in buying it.

Jill cannot void the contract.

Aunt Lee, a teetotaler, promises her 20-year old nephew, Charlie, that she will pay him $200 if he will agree to quit sneaking liquor into Ole Miss football games. His post-game drunkenness in the Grove disturbs Aunt Lee and she wants to save Charlie from venturing down that road to eternal damnation. If Charlie accepts Aunt Lee's offer, is this a contract supported by consideration?

NO

An unexcused violation of an applicable statute that injures another person causes a tortfeasor to be guilty of:

Negligence per se

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 Robert's offer to Sam. Can Sam sue Robert for specific performance?

No

Fireman Mike rescued Kelli's cat, Boomerang, from the top of a tall oak tree on South Lamar. Boomerang had been missing for 2 weeks, and Kelli had put flyers all over town offering a $500 reward for Boomerang's return. Fireman Mike asks Kelli about collecting the reward offer for returning her Boomerang. Kelli 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 Kelli's reason for not paying Fireman Mike?

Pre-existing public duty

Which of the following is NOT and element of a tort cause of action: a. Duty d. Damages b. Breach of Duty c. Probable cause e. None of the above

Probable cause

Leigh offers to help Nancy study for her business law final exam. Before Nancy accepts, she and Leigh have a fight. How may Leigh terminate her offer? I. Revocation II. Rejection III. Counteroffer

Revocation

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?

Sam and Joe because they both contributed to the harm.

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 an 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 statute, The Blind Pig wins. d. Since this is a revenue-raising statute, the licensing law is unconstitutional. Craig wins.

Since this is a revenue-raising statute, The Blind Pig wins.

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.

Spike wins compensatory damages.

(T/F) An exculpatory clause attempts to excuse one from liability for her own tortious conduct.

T

(T/F) Contracts binding without consideration include promises to pay debts barred by a statute of limitations and debts discharged in bankruptcy

T

(T/F) Dr. Don sells his sandwich business to a national chain, and the chain will pay the sales prices over a five year period. An agreement in connection with that sale that prohibits Dr. Don from engaging in the same or similar business for a period of twenty-five years would be unreasonable.

T

(T/F) sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries

T

What duty of care does Miller owe someone who is intruding on her property?

The duty not to intentionally harm him.

Cole, who recently turned 21, has an extremely painful type of bone cancer. Dr. Feelgood legally prescribed medicinal marijuana grown at Ole Miss to help relieve Cole's pain. Aunt Bea doesn't like this and promises Cole that she will pay him $2500 if he will agree to quit smoking what she calls "that demon weed." Can Cole's agreement to quit smoking the medicinal marijuana be consideration?

Yes

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?

Yes, as his conduct was intentional.

A bank officer forges the signatures of his customer on a promissory note. This note is void as a result of:

a fraud in the inducement

A fiduciary is a:

a person who owes a duty of trust, loyalty and confidence to another

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. Barb 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.

a. Ken wins. The agreement is enforceable.

Most of tort and contract law have their origins in _______ law.

common

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.

conduct of the parties indicates they intended an agreement.

The requirement that each party to a contract must intentionally exchange something of value as an inducement to the other party to make a return exchange is known as:

consideration

Which of the following is not an essential element of an offer? - Consideration - Definiteness of terms - Intent to make a contract - Communication to offeree

consideration

Theft is to criminal law as _______ is to civil law. a. stealing b. conversion c. appropriating d. trespass

conversion

Public policy means the law that comes from the:

courts that decide what would have a negative impact on society.

On the first day of the baseball season, Dean orders a new Cardinals 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. At this point, Dean and Amazon have an _________ contract.

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 andAmazon 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.

executory; executed

A(n) ___________ contract is one in which the parties have manifested their agreement by oral or written language, or both.

express

John Michael picks up a six-pack of Blue Moon, a pound tub of chicken salad and a box of soda crackers at James Food Center. While waiting on Will and before getting to the check-out counter to pay Zerk, he opens the chicken salad and begins eating it with the crackers. John Michael then washes down the chicken salad and crackers with a couple of beers. Even though the checkout line is backed up and Will is now in the car honking the horn because Will's afraid that Fat Matt won't be able to get them in at the Library. When Zerk notices John Michael in line, Zerk writes out a charge ticket with the beer, crackers and chicken salad listed, and John Michael signs the ticket for Daddy to pay, and then heads out the front door and gets in the car. Under these circumstances John Michael has made a(n):

express contract

Nick picks up a six-pack of Budwseiser and a 2 pound bag of Oreos at James FoodCenter. Before getting to the check-out counter, he opens the Oreos and eats about half a bag. Nick then washes down the cookies with a couple of beers. When he signs the charge ticket that Zerk gives him, Nick has made a(n)

express contract

Which of the following is not generally required in order to have a valid contract? - parties who have contractual capacity - fairness of the bargain

fairness of the bargain

(T/F) An agreement for sale of an illegal substance will be enforced by the courts if all other elements of the contract are present.

false

(T/F) If no time limit is stated, an offer will not terminate until both parties agree.

false

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

T/F For purposes of tort law, a licensee is a person invited upon land as a member of the public or for a business purpose.

false

T/F If Jay is 18 years old, under Mississippi law, he is no longer considered a minor.

false

T/F Paul promises to help Sherry study for her Business Law test if Sherry will go grocery shopping for him at Kroger. Sherry accepts this offer if she promises to go grocery shopping for Paul at Kroger

false