_____ An offer made as a joke, where a reasonable person would conclude that it was made as a joke, cannot result in a contract.
_____ The mirror image rule permits the offeree's acceptance of a contract to vary from the offer.
_____ A person who delegates his contractual duties is fully relieved of any further duty to perform under that contract.
_____ When both parties to a contract are minors, either or both of them may avoid the contract.
_____ A parent or parents who sign a contract on behalf of their minor child may disaffirm the contract just as their child may.
_____ A party who makes a mistake about the value of the object of a contract is normally permitted to avoid the contract.
_____ A party to a contract may delegate his rights arising from the contract to another person.
_____ The nonbreaching party normally may not recover punitive damages in a breach of contract claim.
_____ Expenses, such as those incurred to obtain performance from a source other than the original contracting party, are called consequential damages.
_____ "I promise to pay you $100 if you will promise to fix my car next month." This is an offer for a unilateral contract.
_____ If a person who has been declared incompetent by a court enters into an agreement, that agreement is void, because it does not meet all the requirements of a binding contract.
_____ Alice makes a material misrepresentation of fact to Betty, and based upon the misrepresentation, Betty enters into a contract. Betty now realizes she was deceived and wants to get out of the contract. This contract is voidable at Betty's option only.
_____ Nathan promises to take Debra to the show on Friday night. He then changes his mind so that he can stay home and study his business law. Nathan can be sued for breach of contract by Debra for breaking his promise.
_____ An offer must be communicated to the offeree or his agent in order for the offer to be effective.
_____ 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.
_____ If the offer specifies it MUST be accepted by letter, a telegram will not be a valid means of acceptance.
_____ If an offer states that it MUST be received by a certain date, receipt is presumed in those situations when acceptance is mailed.
_____ Contracts have a number of legally essential elements, among which are an agreement and consideration.
_____ On July 12th, 2008, Louis offers to employ Teresa as head chef in his restaurant next year. The very next day, Teresa accepts the offer. The parties agree on a term of nine (9) months, and a $10,000 salary per month. Per their agreement, Teresa is to begin work on January 1. This contract falls within the scope of the statute of frauds, and thus will likely have to be in writing to be enforceable.
_____ Wendy offers to pay Jose $1,000 if he agrees to promise to paint her house this month. If Jose accepts the offer, it will create a unilateral, executed contract.
_____ A contract to provide lawn and landscaping service for "the next six (6) months" falls within the scope of the statute of frauds, and must be in writing to be enforceable.
_____ Fred offers to paint Debbie's home for $500. Debbie tells Fred she will only pay $450, and Fred agrees. Under these facts, Debbie is the "offeror."
_____ Sarah, an artist, e-mails Patricia and offers to paint her portrait for $499.99. Patricia calls Sarah back and accepts the offer. Sarah promises to paint the portrait within one (1) year, if not sooner, and Patricia agrees to pay within six (6) months of the portrait's receipt. This is an enforceable, bilateral, executory contract.
_____ Sue leases her 3 Bedroom, 2-bath home to Trisha for $300,000 for one year. The parties sign a written lease. Article 2-A of the UCC governs this contract.
_____ Bob, a schoolteacher, sells his neighbor Sam an old office chair at a garage sale. Bob has given Sam an "implied warranty of merchantability."
_____ Sue sells her 3 bedroom, 2 bath home to Trisha for $300,000. The parties sign a written contract. Article 2 of the UCC governs this contract.
_____ Pat, who owns an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor Judy. Pat is considered a merchant under Article 2 of the UCC in selling the books to Judy.
_____ The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers.
_____ A promises to pay B $50 if B will mow A's lawn. B completely and satisfactorily mows A's lawn. This is a unilateral contract.
_____ An advertisement offering a reward for the return of lost property usually is treated as an offer for a uilateral contract.
_____ In general, ambiguities in a written agreement are resolved against the party who drafted the agreement.
_____ Under the "American Rule" governing successive assignments, the first assignee in time has the superior right.
_____ Rolland just bought a new pair of eye glasses. He had to go to the eye doctor for an exam and to get a prescription. He then took the prescription to the eye-glass store to by his new glasses. Rolland's visit to the eye doctor is governed by the UCC; the purchase of his glasses from the eye-glasses store is not.
_____ The mirror image rule permits the offeree's acceptance of a contract to materially differ from the offer.
_____ If a rejection is placed in the mail, with the proper address and postage, it will generally be considered effective on "deposit."
_____ One of the key issues in a promissory estoppel case is whether the defendant made a promise to the plaintiff that the plaintiff detrimentally relied upon.
_____ In order for an offer to be legally valid under the common law, it must have reasonably definite terms.
_____ Robert agrees to buy a car from Jane for $400. This contract must be in writing to be enforceable.
_____ "I'll pay you $1,000 if you promise to paint my house this month." If the offeree accepts, this is a unilateral contract.
_____ Under the common law, an offeree's proposal to make a material change in the terms of an offer will most likely constitute a counter-offer.
_____ Mary was mistaken about a material fact concerning a contract she made with Bob. Mary can avoid the contract on the grounds of "fraud."
_____ When a contractor submits a bid for a construction project, the submission of the bid is an offer.
_____ In ordinary sales transactions, the implied warranty of fitness for a particular purpose can be disclaimed, but the disclaimer must be in writing and conspicuous.
_____ A model used in connection with selling goods will usually amount to a warranty that the goods will be as the model indicates.
_____ A statement that a particular truck can haul a 3,000 pound load would be treated as an opinion and would not become an express warranty.
_____ The implied warranty of merchantability requires that goods be fit for the ordinary purposes for which they are intended.
_____ For the implied warranty of fitness for a particular purpose to apply, the seller must have actually known the purpose for which the buyer was purchasing the goods.
_____ A seller's statement that "this is a terrific used car" generally creates an express warranty.
_____ In ordinary sales transactions, the warranty of title can be disclaimed or modified only by specific language in a contract.
_____ According to the UCC, unless otherwise specified or agreed upon, all goods in a contract must be rendered in a single delivery.
_____ When an offer governed by the UCC does not specify a means of acceptance, it can be accepted by any means reasonable under the circumstances.
_____ The UCC always governs breach of contract cases involving a combination of services and tangible movable goods.
_____ In order to be liable for negligence a person must have owed a duty of care to the plaintiff.
_____ Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks a window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.
_____ Arthur offers Bob, an employee of Carl, a job with his company at a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.
_____ Because he's a good friend, and has known Hilda a long time, Scott fixes Hilda's car as a surprise for her birthday. When Hilda sees it, she is so happy, she promises to give Scott $1000 the following week for doing the work. He gratefully accepts. A court would likely find that: 1) this promise to be supported by valid consideration; and 2) Hilda's promise to pay $1000 is enforceable as a contract.
_____ One distinction between nuisance and trespass to land is that trespass to land involves intrusions by human beings, while nuisance involves intrusions by other forces.
_____ In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else.
_____ In a strict liability case, the plaintiff still must prove that the defendant breached a duty.
_____ Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skill in the area.
_____ A copyright owner's failure to use a proper copyright notice does not cause her to forfeit copyright protection.
_____ Bill dictates a letter to his assistant, Barbara. The letter is addressed to Betty Bonds, his accountant, and in it, he accuses Betty of being dishonest - when he knows she is not! Barbara never types the letter, and does not send it to Betty. Nevertheless, Bill has likely committed the tort of defamation.
_____ In a defamation suit where the plaintiff is a "public figure," the defendant must prove that the plaintiff acted "with actual malice."
_____ In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act.
_____ An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future.
_____ To commit the tort of trespass to land, a person does not need to actually harm the land.
_____ Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.
_____ A service mark is used to distinguish products produced by the federal government from those produced by private corporations.
_____ Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally knocks it off Rob's head in order to embarrass Rob. Brad has committed a battery.
_____ In a defamation action, the plaintiff must prove that the defendant communicated a false statement to a third party.
_____ Under the new Restatement (Third) of Torts, a manufacturing defect exists only when it is shown that: 1) the product has departed from its intended design; and 2) the manufacturer failed to exercise "due care" in the manufacturing process.
_____ Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.
_____ 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.
_____ Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.
_____ For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.
_____ Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.
_____ Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors. Komco may copyright its magazine and television ads.
_____ The word "truck" cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans.
_____ If a trademarked name acquires a generic meaning the owner of the trademark loses protection.
_____ "Res ipsa loquitur" means "the thing speaks for itself" and raises a presumption of breach of duty and causation in negligence cases.
_____ Dan lends Susan $500. She agrees to pay Dan $100 a month until the $500 is paid. She gives Dan her diamond ring to hold until she fully satisfies the debt. The ring is "collateral."
_____ Filing a petition for bankruptcy automatically stays most legal actions filed against the debtor.
_____ Bob throws a ball across his neighbor's property, and the ball then lands in the street; this could constitute "trespass to land."
_____ Bob sends Larry Lawyer, his attorney, a letter in which he accuses him of being "an incompetent lawyer." Larry is not incompetent, and Bob knows that the statement he is making is false. This constitutes the tort of defamation.
_____ A party trying to establish mutual mistake as a defense to the enforcement of a contract must show that the other party had "scienter" (guilty knowledge) of the mistaken fact.
_____ A security interest is not enforceable after the creditor's rights have attached to the collateral.
_____ In order for an artisan's lien to be valid, the lienholder normally must have possession of the property.
_____ Bob has not paid his ex-wife alimony as required under court order. His ex-wife is trying to collect the alimony Bob owes her. Bob files a bankruptcy petition. This automatically stays his ex-wife's collection efforts.
_____ When a court determines whether the defendant has breached his or her duty of care to the plaintiff, the court asks whether the defendant acted the way a reasonable person would in similar circumstances.
_____ One who participates in an activity subject to strict liability will be held liable for damages resulting from the activity even if he exercised reasonable care in undertaking the activity.
_____ Strict liability for defective products requires the plaintiff to show there was a defect in the product that caused the injury.
_____ In some cases, failure to warn about a product's dangers can make an otherwise safe product defective.
_____ To succeed in a product liability suit based on strict liability, a plaintiff does not need to prove why or how a product became defective.
_____ Defendants who engage in ultrahazardous activities are almost always strictly liable for any harm they cause.
_____ A defendant who engages in an ultrahazardous activity is liable for any harm that results from the activity.
_____ Unless the warranty of merchantability is expressly disclaimed, all merchants warrant that the goods they sell are fit for the general purpose for which they are intended to be used.
_____ A security interest is enforceable only if the collateral is in the possession of the secured party.
_____ To have an enforceable security interest in collateral that is in the possession of the secured party, there must be a written security agreement.
_____ A security interest is not enforceable unless the creditor's rights have attached to the collateral.
_____ A security agreement's description of collateral as "all the debtor's assets" is sufficient to reasonably identify the property.
_____ For a creditor to have an enforceable security interest, it is necessary that the debtor have rights in the collateral.
_____ The state office in which a financing statement should be filed depends on the debtor's location.
_____ Filing a financing statement with the appropriate public office is the only way to perfect a purchase-money security interest in consumer goods.
_____ A purchase-money security interest in consumer goods is perfected automatically at the time of a credit sale.
_____ A purchase-money security interest arises when a seller or lender provides a buyer with the "purchase money" to buy goods.
_____ A mechanic's lien can be enforced to obtain payment for work that adds value to personal property.
_____ A creditor with a mechanic's lien on property can prevent the sale of the property but cannot sell the property to satisfy the debt.
_____ A debt does not have to be past due before a creditor can begin legal action against a debtor.
_____ If a debtor cannot, or will not, pay a judgment, a creditor can only resort to "self-help" to collect.
_____ A writ of execution is a court order to seize a debtor's property after the entry of a final judgment in a creditor's lawsuit against the debtor.
_____ In a contract of suretyship, the surety is secondarily liable on an obligation and becomes primarily liable only when the debtor cannot pay the debt.
_____ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation.
_____ A surety can use any defenses available to a debtor to avoid liability on the obligation to the creditor.
_____ Bankruptcy law has one goal: to ensure equitable treatment to creditors who are competing for a debtor's assets.
_____ A bankruptcy court looks at the totality of a debtor's circumstances to determine whether the debtor's petition for relief under Chapter 7 constitutes substantial abuse.
_____ The filing of a petition for bankruptcy will automatically stay most legal actions against the debtor.
_____ It is possible, on a debtor's bankruptcy, that an unsecured creditor might receive nothing to cover the debt.
_____ A creditor's extension of time to a debtor for making payment, without the consent of the surety, will not discharge the surety.
_____ Filing bankruptcy will automatically discharge all debts, including student loans and child support payments.
_____ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation.
_____ In order for someone to avoid a contract on the grounds of intoxication, the level of intoxication must have been:
_____ Jill, aged 30, enters into a written contract for the sale of her car with Ginny, aged 17. Under these facts:
_____ If a contract or contract clause is found to be unconscionable, the courts can do which of the following?
_____ George and Martha enter into an oral contract for the sale of George's office building. Before Martha takes possession, this contract is:
_____ Sue makes a contract with Tom that indirectly benefits Judy, although neither Sue nor Tom intended that result. Judy is:
_____ John offers to pay Mary $100 if she can drive at 100 miles per hour on Interstate 95 for at least five minutes. If Mary drives her Mustang at 100 miles per hour on Interstate 95 for six minutes, she and John will have formed
_____ Al tells Barb that he will buy her textbooks from the previous semester for $75. Barb agrees. Al and Barb have:
_____ One often hears the expression "time is of the essence" which suggests that doing things in a timely fashion is important. If that is the case, which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired?
There is no set amount of time and what constitutes a reasonable amount of time varies depending upon the subject matter of the offer.
_____ U.S. Stone promises to pay its employees a year-end bonus "if it seems like a good idea at the time." This is an example of:
_____ Christopher promised to sell his car to Jason and Jason promised to pay Christopher $7,500 for the car. This contract may be classified as:
_____ If Harry promises to pay Larry not to park in a no-parking zone in front of Harry's house, then the agreement is:
Enforceable because Larry is giving up the right to do something that he could otherwise do in the absence of the agreement
Enforceable because the agreement accomplishes Larry's goal that the no-parking zone in front of his house be kept clear
_____ U.S. Brokerage promises to pay its employees a year-end bonus "if it seems like a good idea at the time." This is an example of:
_____ Joe has made an offer to Frank. Joe is therefore an offeror and Frank an offeree. Which of the following is a way in which Frank can manifest intent to enter into a contract with Joe?
_____ You offer $1000 to anyone who can return your lost cat, Kitty. John returns Kitty and requests the money, you however refuse to pay and argue that there is no binding contract. Which of the following is true regarding your position?
You are incorrect because there is a binding unilateral contract which John accepted by performing
_____ Allison wishes to ensure that an offer from Jason to sell him (Allison) his speedboat is held open for a set period of time. Allison may do so by entering into a[n] ______________ contract with the Jason.
_____ Jim who is in declining health believed that he had only a few months to live. Not wanting to die alone, Jim asked Jane to quit her job in New York City and move down to South Florida to look after him until his death. He promised to leave his house for Jane after his death. Jane according quit her job and moved to South Florida to take care of Jim. Three weeks after Jane's move, Jim died. Unfortunately, there was not written agreements etc. and Jim's relatives wanted Jane out. The only way to avoid injustice here is to enforce the promise?
_____ Joey went to the Harvest Festival, where he stopped at Anderson's booth where she was selling landscape paintings. Joey admired one of the paintings which did not appear to be for sale. Joey said to Anderson, "I will give you $200 if you give me that painting right now." Anderson said nothing in response, but she gave Joey the painting, and Joey gave her $200 in cash. This is an example of a contract that is now:
_____ Joe goes to the dentist to have a tooth extracted. Joe never signs a written contract for this service, and he and the dentist never made an oral agreement either. Later the dentist bills Joe, and Joe refuses to pay. After that, the dentist sues Joe. Which of the following is true?
_____ A makes an offer to sell B some land, using a normal letter. The offer says nothing about an authorized or stipulated means of acceptance. B accepts using a normal letter. Which of the following is true?
_____ Carlos has entered into a contract to sell his house to Juan. Carlos knows that the house has a bad termite infestation that significantly reduces the value of the house. However, the topic of termites never came up and Carlos did not volunteer any information about the termites. Juan is not aware of the termite problem. Under the law of most states, has legal misrepresentation occurred here?
_____ Paul promises to marry Sarah who in turn promises to marry Paul. The consideration for each promise is ______.
_____ Christopher promised to sell his car to Jason and Jason promised to pay Christopher $7,500 for the car. The parties have not yet performed their respective promises. This contract may be classified as:
_____ May tried to start her new car with no success. She yells that she will sell the car to anyone for $10. Nick, a passerby who owns Nick's Pre-owned Autos, hands May $10. This is:
_____ Alan, a representative of Beta Services, Inc., makes an offer to Carol, the owner of Delta Products, Inc. The offer is effective even if:
_____ Owen announces that he plans to sell his business, Payroll Service Company (PSC), at a price below its market value. Quality Bookkeeping, Inc., gives Owen a check for the stated amount. Owen:
May refuse to accept the check, because he only expressed an intent to do something in the future
May refuse to accept the check, because he only expressed an opinion as to the worth of the business
May refuse to accept the check because he only expressed a willingness to discuss a possibility of entering into a contract
_____ Ellen is selling her classic cars in an auction "without reserve." During the auction, Ellen can withdraw the cars:
it requires that the promisor should reasonably expect to induct the promisee's action or forbearance
damages awarded for promissory estoppel always equal the value of the promise relied upon by the promise
Be signed by the party to be charged with enforcement of the contract (the person using the statute of frauds as a defense) or his agent
_____ First National Bank offers to lend money to Todd at 15% interest. Before Todd accepts the offer, a statute is enacted prohibiting loans at interest rates greater than 12%. According to common law, Todd and the bank have:
_____ Bill contracts to repair a computer for National Distributors. Bill knows that without the computer, National will lose an important sale. Bill does not repair the computer on time, and National files suit against him. As consequential damages, National might be able to recover:
The difference between Bill's quote to repair the computer and what it actually costs National to have the computer repaired
_____ Edgar promises Alice that a certain used car is a "real gem." Edgar offers to let Alice take the car for a test drive, but Alice declines. She pays for the car and drives off but soon realizes that the car's suspension system is in poor condition. Alice:
_____ George and Martha enter into an oral contract for a sale of George's tree farm. Before Martha takes possession, under the Statute of Frauds this contract is:
_____ Each of the following is a requirement, or an element, for a contract to be valid except:
_____ The day before the final exam, Professor Jones tells the class: "I promise to give everyone an "A" on this exam, and you don't have to do a thing for it!" Upon hearing this, Christopher yells "yippee!!" and throws his textbook out the window (where it is promptly set upon and completely destroyed by the FAU owl!). When the grades come out, Christopher receives an "F." Christopher's best argument to enforce Professor Jones' promise would probably be:
_____ Trevor offers a reward for the return of his golden retriever, "Six." He posts signs all over the neighborhood, but not on his own block. Justin, his 15-year old next door neighbor, finds Six at the park, and delivers him to Trevor - without seeing the reward signs or knowing about the reward offer! Trevor is happy to get Six back, but refuses to pay Justin any reward. If they go to court and litigate the matter, what will each likely argue?
Justin will argue promissory estoppel; Trevor will argue that the contract it is voidable due to Justin's obvious lack of capacity
Trevor will argue that his offer to pay the reward was not effective as to Justin, as Justin did not know of the offer; Justin will seek relief for unjust enrichment under a quasi-contract theory
In some cases, a properly dispatched, or sent, acceptance is effective even if the offeror never received it
A properly dispatched, or sent, revocation of an offer is effective when mailed even if the offeree never received it
_____ Elvis makes an offer to Miguel, but before Miguel can accept, the state supreme court decides a case that makes the offer illegal. What is the effect of the court decision on the offer?
_____ In general, which of the following will not terminate an offer to purchase real property?
_____ Lynn offers to sell his house to Dennis for $50,000. Dennis responds, "I will pay you $50,000 if you will paint the second floor." This response could be described as:
_____ Eddie agreed to sell stolen bicycles to Foster for $500 and Foster agreed to buy them. Which statement accurately describes their agreement?
_____ Roger promised to sell his car to Reggie and Reggie promised to pay Roger $3,000 for the car. The parties have not yet performed their respective promises. This contract may be classified as:
_____ Jackie offered to pay Glen $500 in consideration for Glen's complete trimming of all trees located on Jackie's property. This offer is an offer for a unilateral contract. Under these facts:
_____ Gordon promises to pay Joseph $150 if Joseph promises to take notes for him next week in Business Law. Joseph agrees, and takes the notes. On Friday, he delivers the notes to Gordon, who pays him the $150. This contract is:
_____ Under the terms of a written contract, Jillian delivers certain goods to Mary with the agreement that she may use and test them for the purpose of determining whether she wishes to buy them. The title and risk of loss to the goods is to remain with Jillian until Mary calls and agrees to the sale. The best way to describe this transaction is as:
_____ Under Article 2 of the UCC, a contract is usually enforceable even if which of the following terms is omitted:
_____ The distinction between contracts that are covered by Article 2 of the Uniform Commercial Code (UCC) and those that are not is:
Basically dependent upon whether the subject matter of the contract involves the purchase or sale of goods
Because contracts between merchants are covered by the Restatement (Second) of Contracts rather than by Article 2 of the UCC
_____ S and B make an oral contract whereby S agrees to sell B 480 widgets (goods) at a price of $480. Later, the parties want to modify the contract so that the price would become $520. This modification:
_____ Intellex, a small computer chip-designing firm, contracts with Intech, a chip manufacturer, to design a new-generation computer chip. This contract is governed by:
_____ Barry agrees to let Hillary work for him in his political campaign. She is to give speeches on his behalf, and generally try to persuade people to vote for Barry. In exchange, she is to be paid a yearly salary of $100,000. The contract is for two years, and is to commence next month. They both sign and date the agreement. Under these facts, Article 2 of the UCC requires:
_____ The Benson Ball Bearing Company orally agrees to sell 10,000 boxes of ball bearings to the Smith Motor Company at a rate of $10 per box, for a total of $100,000, and Smith orally agrees to pay that amount. Benson delivers 5,000 boxes, but Smith refuses to pay, citing the Statute of Frauds. Here, Smith is obligated to pay:
_____ Which of the following is not one of the aspects of the implied warranty of merchantability?
_____ Which of the following is not necessary in order for the implied warranty of fitness for a particular purpose to apply?
_____ Randy bought a flashlight that was fully operable, however it had a small dent. If Randy sues for breach of implied warranty of merchantability:
_____ Uptown Office Systems pays Tech Products $100 to use a Tech computer for a month. Under the UCC, this will be considered
_____ Jason purchased a used car from Car-Max when he was 17. The day after he turned 18, he decides he no longer wants the car and drives over to Car-Max. He tells the manager that he is exercising his right to disaffirm the contract and that the car is in the lot. He wants his money back. His right to disaffirm the deal will depend on:
_____ Organics R Us promises to sell to Whole Foods 100 bushels of fancy red organic apples. A wild fire destroys Organic's orchard while being harvested. If Organics does not deliver 100 bushels as agreed:
Whole Foods can buy 100 bushels from another vendor and sue Organic for the additional cost in obtaining 100 bushels from another vendor
_____ Mark and Jason enter into a contract in which Mark agrees to deliver cement to Jason at a construction site. They neglect to include a price in the agreement. A court will
_____ Ron and Wolf form a contract in which no mention is made of how the goods are to be delivered. In general, the UCC will require that the delivery take place at:
_____ Grey contracts to purchase tea from Lipton but does not specify an exact amount of tea. Lipton subsequently breaches the contract. Grey will probably be:
_____ Robert agrees to paint Amanda's leased home in return for $1000. The contract provides that Amanda will provide the paint for the job. This contract:
_____ National Vehicles contracts to sell ten P.T. Cruisers to Imperial Leasing, which contracts to lease the P.T. Cruisers to Recreation Rentals. Don, the owner of National Vehicles, gives a P. T. Cruiser to Paula. Article 2A of the UCC applies to:
_____ Digital Computer Company agrees to sell Office Supplies, Inc. (OSI), computers for OSI to sell in its stores. Generally, a contract between these parties will be rendered unenforceable if it does not include:
_____ Lois offers to sell Clark fifty bushels of corn. Clark responds, "I agree to purchase fifty bushels only if the corn is Grade A quality." In these circumstances
_____ Pastry chefs refer to a "baker's dozen" as consisting of a collection of thirteen baked goods rather than twelve (twelve is one dozen by definition). This is an example of:
_____ A contract between Fresh Fruit Corporation and Green Grocer, Inc., requires Fresh Fruit to deliver goods to Green Grocer's place of business. This is:
_____ Dick steals Jane's watch and later sells the watch to Sally. Jane can recover the watch from Sally
_____ Laren Engineering contracts for a sale of flight instruments to Boyer Aircraft. Before the date on which performance is due, Laren notifies Boyer that it will not be able to perform the contract as agreed. This is:
_____ Suzanne purchases from the Hair Care Store a hair dryer that, according to the box it is packed in, contains three speeds and 1,500 watts. Suzanne subsequently discovers that the box contains only a towel with instructions. Suzanne may recover damages from the Hair Care Store due to its breach of:
_____ Ben, a salesperson for Pre-owned Motors, states to Joan that "this is the best vehicle ever designed." This statement creates
_____ Walt sells Ray a case of crystal goblets, but Ray refuses to examine the crystal for defects at the time of the sale. Ray later discovers a defect. Which of the following is true?
Ray may recover damages from Walt for breach of the implied warranty of fitness for a particular purpose
_____ If Bud threatens to shoot Steve with a gun that Bud knows is unloaded but Steve thinks is loaded:
That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice
That there was a conditional privilege to make a defamatory comment on another's statements in order to protect legitimate self-interest
_____ The tort of ______________ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.
_____ While he is working for a local software company, Norbert secretly creates a completely original software game. To avoid being discovered, he does not register a copyright on the game. Under these facts, which of the following is not accurate?
if the Company discovers the game, and sells it as its own, Norbert can immediately sue for copyright infringement in state court
by failing to timely register a copyright, Norbert may have lost any right he had in the game to the Company
_____ Bob sneaks up behind Robert and smacks him hard on the back of his head. These facts could constitute:
_____ Bill tells several people in his business law class that Mike, a fellow student, is "a dishonest criminal - and he has smallpox too." Which of the following facts, if true, would benefit Bill most if Mike were to sue him for defamation?
_____ The seller of a defective widget is being sued by a buyer under a strict liability theory. Which of the following facts, if true, would not be beneficial to the seller's defense?
_____ Harold comes up with an idea for a new type of pen that can write underwater. Harold can protect his new pen idea by:
_____ Jill develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual to be included with each final product. Jill could obtain trademark protection for:
_____ Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of:
_____ Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use:
_____ Larry is sued for assault and battery. Larry can raise defense of property as a defense to the charge of:
_____ Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina:
_____ Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory:
As its name implies, conversion always involves the transformation of the plaintiff's property into something else--e.g., its destruction, alteration, etc.
A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft
Conversion involves all interferences with the plaintiff's property rights--whether serious or nonserious
_____ Which of the following essentially is a "defense" to the negligence defense called contributory negligence--that is, something that will knock out an otherwise-good contributory negligence defense?
_____ Joe was angry with a clerk and, standing a foot away from the clerk, Joe drew his arm back with a clenched fist and stated, "I am going to punch your lights out." What tort did Joe commit?
_____ Carlos loves venomous snakes and keeps a number of them at his house. He hits on Ana at a bar and offers to show her his collection. They go back to Carlos' house and Ana is rather impressed with the snakes. Carlos and Ana get amorous and CiCi, Carlos' favorite cobra become jealous. Cici manages to escape from her cage and strikes Ana sending her to the hospital for over a month. Ana sues Carlos. Carlos:
_____ Stan calls Sam on the telephone. Stan threatens Sam and tells him that he is coming over to his house the next day to hit him over the head:
_____ Albert, an entrepreneurial business law student decides to make some money by selling folders with unflattering pictures of all the business law professors. He does not have permission from any of them. Which of the following is true?
_____ Bud Weiser, a truck driver, is involved in an accident with Beemer Silver. He is charged in Broward County with the wrongful death of Beemer Silver. Bud is convicted and sentenced to prison. Beemer's wife:
cannot sue Bud in tort for Silver's death because he already has been tried and double jeopardy bars it
_____ Hawk Hiking Shoes, Inc., uses Sierra Boots Corporation's mark in Hawk's advertising without Sierra's permission. This is:
_____ Ernie's Good Times Restaurant uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance would be considered:
_____ Steve invents a new deep-sea fishing net, which he names "Good Catch." He also writes the operating manual to be included with each final product. Steve could obtain copyright protection for
_____ An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:
_____ Marks such as "Good Housekeeping Seal of Approval" and "Underwriter's Laboratory" are examples of:
_____ Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.
If Janice wishes to enforce her copyright, she must first register her song with the Copyright Office.
_____ Damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called:
_____ E&E Explosives was testing some new explosive compounds at its testing facility outside of town. During testing, some new experimental explosives were set off. The reaction caused by these explosives caused an earthquake that damaged several buildings in the town. E&E exercised due care in testing these explosives, but this type of activity poses an inherent risk of harm to others no matter how careful E&E acts. Under these facts:
E&E is liable for the damage to the buildings only if it acted negligently when testing these explosives
E&E is liable for the damage to the buildings even if it did not intentionally or negligently cause this harm
_____ Jennifer writes Maureen a nasty letter in which she says she is a dishonest accountant - even though she knows Maureen is not dishonest. Jennifer has committed which of the following torts:
_____ Barry calls Hillary on the phone, and offers to sell her his car for $1000. Hillary says she accepts, and Bill tells her he will deliver the car to Hillary's home in the morning. On these facts:
_____ John writes an e-mail (and sends it to all of his co-workers) that concerns his supervisor Frank's private financial affairs. Frank sues John for invasion of privacy. Which of the following facts, if true, would benefit John in his defense of that suit?
A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.
A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable.
A plaintiff must show that the defendant's act created a foreseeable danger even if it was not the factual cause of her injury.
A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury.
_____ Martha owns a demolition company. If a pedestrian is injured during a demolition conducted by Martha's company under the theory of strict liability, Martha would be liable:
_____ In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect:
_____ If a manufacturer produces a defective product, and sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liability?
_____ New Capital Corporation has a security interest in property owned by Regal Medical Supply Company. As a creditor, New Capital's primary concern is whether:
it has an enforceable security interest in Regal's property to satisfy the debt if Regal defaults
its security interest in Regal's property, if enforceable, will take priority over the security interests and claims of other creditors
_____ Ace Loan Company has a security interest in collateral owned by Best Tool & Die Company. A security interest in collateral:
_____ General Credit Corporation lends funds to Cathy, a consumer, to apply to the cost of a sport utility vehicle. To have an enforceable security interest, the value that General Credit, or any creditor, must give to Cathy, or any debtor, may be:
_____ Each of the following owns an All-Rite brand food processor: Diner's Restaurant; Eve, a consumer; Frank, a cooking-school student; and Great Deals, a discount store. As collateral, the processor that would be classified as inventory is owned by:
_____ Bob, a forest-service engineer, buys a four-wheel-drive vehicle to use only for off-road recreational use. Under UCC Article 9, this vehicle would likely be characterized as:
_____ Tom offers to sell United Produce Company a boxcar load of tomatoes. The offer is sent via Federal Express overnight because an acceptance is required urgently. It would be reasonable for United to accept via:
_____ Discount Furniture Company, a creditor, allows Eve, a debtor, to have possession of goods that she bought from Discount even though she has not paid all of the debt. A legally sufficient financing statement need not include:
_____ First Financial, Inc. files a financing statement regarding a transaction with Great Electronics Company. To be valid, the financing statement must contain all of the following except:
_____ Credit Extender, Inc. (CE), a creditor, wants to perfect its interest in property owned by Dandy Goods, Inc. (DG). Filing a financing statement:
_____ Adam, a debtor, and Beth, a creditor, sign a security agreement containing a specific description of the collateral. Beth subsequently files a financing statement that contains a more general description. This description:
_____ Ann owes Ben $500 on their contract, but refuses to pay. To collect, Ben files a mechanic's lien, under which security for the debt is represented by:
_____ A contract between Fresh Fruit Corporation and Good Grocer, Inc., requires Fresh Fruit to deliver goods directly to Good Grocer's place of business. This is:
_____ Office Systems, Inc. pays Tech Products $100 to use a Tech computer for one year. This is:
_____ Aaron, a jeweler, repairs Beth's necklace and returns it to her even though she does not pay for the repairs. To recover payment, Aaron can claim:
_____ Tina operates a sole proprietorship, a corporation, and a partnership. Tina wants to obtain relief for her individual debts and the debts of her corporation and partnership. Tina may file a petition for each under:
_____ Phil's voluntary petition for bankruptcy is found to be proper. The order for relief is effective as soon as:
_____ Ansel files a petition for bankruptcy. To give the court the information it needs to decide whether to grant Ansel's request for protection from his creditors, Ansel must include with his petition:
_____ Evan files for bankruptcy on Monday. He owes money to Fred, who has a valid security interest in Evan's bicycle. Fred, who is uneasy about Evan's ability to pay, but who does not know about the bankruptcy, tries to repossess the bicycle on Tuesday. Fred:
_____ Roberta goes through an involuntary bankruptcy proceeding. An involuntary bankruptcy occurs when:
A court grants a petition in bankruptcy that automatically stays all litigation by creditors against a debtor
_____ Fred conceals assets from his bankruptcy proceeding with the intent to defraud his creditors. When this is discovered, the court may:
Deny a discharge, distribute Fred's assets to his creditors, and order that Fred remain liable for the unpaid portions of the creditors' claims
_____ Best Credit Corporation lends funds to Cathy, a consumer, to apply to the cost of a sport utility vehicle (SUV), which is the collateral for the loan. An enforceable security interest requires:
_____ Bob, who works as a park ranger, buys a new motorcycle for $15,000 to drive on weekends. The UCC will likely define the bike as:
_____ Ben owes money to Sharon. Ben's mom, Shelly, orally agrees to assume Ben's debt to Sharon. Six months later, when Ben still has not paid Sharon, Sharon demands payment from Shelly. Shelly refuses to pay Sharon and tells her that the agreement is not in writing, that she does not have to pay. Sharon can enforce Shelly's promise to pay the debt if the promise benefits:
_____ John carelessly bumps into Sally, knocking her to the ground. John has committed the tort of negligence:
_____ In considering whether a product has been defectively designed, courts will consider all of the following facts except:
_____ Late one night when driving home from work, Scott, a medical doctor, sees a car run off the road. He pulls over, and provides medical aid to the injured driver, who is lying there the entire time unconscious. Later Scott sends the driver a bill for the reasonable value of the services he rendered. Under these facts:
_____ Irving, a professor at the local university, copies a chapter out of a textbook (without permission from the author), and passes the copies out to his students at no charge. If he is sued for copyright infringement, Irving will likely argue:
_____ Peter publishes confidential information about Patricia over the internet. This could be the tort of:
_____ Cecilia tells her accountant Robert: "In consideration of all of the work you have done for me last year, I promise to pay you a $10,000.00 bonus." Robert graciously thanks her and says "I accept your offer." Under these facts, Cecilia's promise: