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5 Written Questions

5 Matching Questions

  1. Material Breach
  2. Interpretation Against Drafter
  3. Professional Liability Insurance
  4. Actual Authority
  5. Violation of Statutes
  1. a The authority of an agent specifically told or written to them by the principal
  2. b Plaintiff assumes the risk when defendants negligence consists of a violation of statute. i.e. Guest knowingly rides in a car with no headlights at night
  3. c Breach of contract important enough to excuse the non-breaching party from performing any contractual obligations.
  4. d Insurance that protects directors, officers, employees, and organizations against claims of negligence in the performance of professional services. Cover's all of users work
  5. e 1. General Rule: Ambiguity in contract terms must be construed most strongly against the party which drafted the contract

    2. Policy: The rule's application rests on a public policy theory that the party who chose the word is more likely to have provided more carefully for the protection of her own interests, is more likely to have had reason to know of uncertainties, and may have even left the meaning deliberately obscure

    3. Application: The rule is usually applied in cases involving an adhesion contract or where one party is in a stronger bargaining position, although it is not necessarily limited to those situations.

5 Multiple Choice Questions

  1. Agent can be terminated at any time, unless contract explicitly states that agent cannot be terminated
  2. a representative who acts on behalf of other persons or organizations
  3. Can't be too ambiguous

    1. The parties must be known
    2. subject matter must be known
    3. Time for performance stipulated
    4. price terms
  4. someone who is walking past a place by chance
  5. a bond given to protect the recipient against loss in case the terms of a contract are not filled

5 True/False Questions

  1. Bid Bondguarantees that the selected contractor will enter into a contract with the owner for the bid price

          

  2. Spearin Doctrinewhere each party pays their own fees

          

  3. Mechanic's Lienslien to secure payment for work and materials in erecting or repairing a building or other structure.

          

  4. Non-delegable dutyAn obligation that cannot be given to a 3rd party

          

  5. Strict LiabilityLikelyhood of injury, potential burden placed on defendant

          

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