Business Law Final- Test II

68 terms by ancarnoali 

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the basic distinction between bilateral contract and a unilateral contract is that

only one promise is involved in a unilateral contract

mary goes into honest harry's electronics and purchases a tv. mary agree to pay for the tv in 30 days on the store's "30 day same as cash" plan. this is an executory contract.

true

the courts will find an implied contract when

conduct of the parties indicates they intended an agreement

under a state law, the owner of certain specified vicious breeds of dogs is absolutely liable to any person who is injured by the dog. this is an example of

strict liability

philip was waiting for a bus at a bus stop. across the street and down the block, a mechanic negligently overinflateda tire he was intending tp put onto marsha's car. the exploding tire injured marsha and frightened a neighborhood dog, which ran down the street and knocked philip down, injuring his knee. philip sued the mechanic. in applying the palsgrap v. long island railroad co. decision to this case, philop would

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

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

voidable

caroline is an ole miss rebelette who performs cheers and routines just outside the baseline at home basketball games in the tad pad. caroline is injured when murphy crashes into her while driving for a loose basketball that was headed out of bounds. caroline could be subject to the defense of assumption of the risk in a suit against ole miss to recover for her injuries.

true

madelyn offers to sell hames 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?

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

parker offers to sell his diamond earring to mary rodgers. sally overhears the offer and says, "I accept the offer." mary rodgers can still accept this offer under these circumstances.

true

negligence concerns harm that

arises by accident

bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. he soon grew tired and realized he couldn't 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:

lose because kelly had no legal duty to rescue him

what can terminate an offer?

lapse of time
destruction of subject matter
subsequent illegality
revocation

an auction sale where the auctioneer sells the items without statin any minimum acceptable bid is said to be

without reserve

working out some frustrations after a lst second loss to lasalle, marshal angrily flings a basketball and then sees it is flying toward one of the referees. he yells watch out. the referee ducks and the ball barely misses him. since there was no physical contact, no assault or battery occurred

false

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

unenforceable

oral contracts may be valid

true

A and B enter into a contract, and if B breaches it, the law will provide a remedy. how would you classify this contract?

valid

kathy offers to sell miles her house for $95,000 and she tells miles that the offer will be open for ten days. miles pays kathy $10 for keeping it open that long. by the 8th day, miles has not accepted the offer and kathy gets angry and she tells miles that the house is no longer for sale. on the morning of the 10th day, miles informs kathy that he is accepting her offer of 95,000 kathy can legally terminate this offer before the 10th day.

false

what are the essential elements of an offer

communication to the offeree
intent to make a contract
definiteness of terms

legally sufficient considering to support a contract means that the value of what the first party to the contract receives under it is comparable to what he or she gives to the second party.

false

assume chris goes to calhoun to represent him for a DUI and after verbally agreeing to do the work for Chris, calhoun charges him $5000, which is a fair fee. chris takes bankruptcy after calhoun gets the DUI dismissed, and the lawyer's bill is discharged. is this debt void, valid, voidable or unenforceable?

unenforceable

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 is from colorado and has a painful vision problem that caused a doctor to prescribe him the drug. under these circumstances, opie's forbearance from smoking pot can be considered.

true

what are the two basic elements to consideration?

bargained-for exchange
legal sufficiency

a valid contract may be unenforceable for which reason(s)?

failure to satisfy the statute of frauds
running of the statute of limitations
discharge in bankruptcy

adequacy of consideration is present 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. in arms-length contracts, the law does not require adequacy of consideration

true

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

the performance of a pre existing contractual duty which is neither doubtful nor the subject of an honest dispute is legally sufficient consideration to support a second contract.

false

a funter who has permission to hunt on someone else's property falls in to the category of

licensee

what are examples of tort reform?

caps on non-economic damages
shortened statuses of limitations for doctors and hospitals
limitations on punitive damage awards

malpractice is negligence committed by a doctor, lawyer, architect, pastor or other professional in the course of their profession.

true

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

false imprisonment

arnold wrote a defamatory letter regarding bric which he mailed to bric, but which he did not show to anyone else. arnold has

committed neither libel nor slander

the terms "nuisance" and "trespass to property" refore to different intentional torts.

true

what is the intruder's status as an occupier of property if he is breaking into someone's apartment?

trespasser

what duty of care does the person living in the apartment owe the intruder?

the duty to not intentionally harm him

what are elements of tort cause of action?

duty
breach of duty
proximate cause
damages

the legal right to sue for a breach of contract is subject to a statute of limitations

true

in a ______ contract, a promise is exchanged for an act or a forbearance from acting

unilateral

which of the following will support a contract? an illusory promise, giving a return promise, past considering, a pre-existing public obligation

an illusory promise

barbara offers to buy taylor's business law textbook. taylor is the offeror.

false

frank, an accountant, says to missy, ill sell you my laptop for $100." missy asks, will you give me until tomorrow to make up my mind?" sure frank replies. can frank revoke his offer?

frank cant revoke his offer if missy pays him $5 to keep the offer open until tomorrow

under mississippi law, marterius is no longer considered a minor. marries is atleast 21.

true

punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

true

a landowner's highest duty of care is owed to licensees

false

on the first dat 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 had to dean's house, and dean's credit card has cleared. at this point dean and amazon have an _____ contract.

executory; executed

alice offers to sell her car to barry for $500, and barry accepts. alice's car has a market value of $1000 but this fact is unknown to alice. the contract is enforceable.

true

george helped warren study all night for his business law test. after warren got an A on the exam, he rold george. I will give you $10 for helping me get a good grade. george said, thanks, i'll take it. which missing element prevents this from being a valid contract?

consideration

rebecca, in honolulu, faxes a job offer to spike saying "we can pa you 55,000 per year, starting june 1." spike faxes a reply saying "than you! i accept your generous offer, though I will also need a 3000 reimbursement for relocation money. see you june 1. cant wait." on june 1 spike arrives to find that his position is filled by gus. he sues rebecca.

spike wins nothing

a tortious act may also be a

criminal act

liza offers to help helen do her laundry. by what means can helen terminate this offer?

rejection
counteroffer

a sales clerk at neilsons deparment store observed a customer remove some red lipstick from a display case and put it in her purse. if necessary to stop the shoplifter from fleeing, neilsons sales clerk can go as far as to tackle the customer in order to stop her from fleeing.

false

if 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

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. is jim liable?

jim is not liable for diane for defamation.

when promissory estoppel is used by the courts, it is because there is not an enforceable contract present.

true

star magazine published an article about lindsay lohan. lohan is upset because the info contained in the story is not correct. if lindsay sues star, she will need to show that the magazine:

either knew the story was false or acted with reckless disregard of the facts

theft is to the criminal law as _____ is to the civil law.

conversion

trein entered into a one year, 1 mil dollar contract with mia to promote trein's products. e-presto, 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 mil contract. mia left trein and signed with e-presto. e-presto is:

liable for tortious interference with a contract

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

the common law governs contracts for

services, employment, and real estate

what are some valid defenses to a defamation claim?

the statement was true
the statement was only and opinion
the person making the statement made it only to the plaintiff, not to any third parties

rodney was employed by deluxe discount store. rodney's manager directed him to check the prices of dog food at huge saving 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

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

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, they jury should award annette:

80,000

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.

true

one morning, miles places a thumbtack on the chair of the office manager where he worked. he had no quarrel with the office manager, but thought this would be funny. two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. miles committed:

an intentional tort

a valid contract can legally be voided by either party

false

strawly corp runs an adult bookstore in metro city, leasing the building from megacorp. then metro city passes an ordinance prohibiting the sales of the types of merchandise found in the adult bookstores. strawy is still bound to the contract.

false

miles purchased a lawnmower with an attached warning that said "the manufacturer is not responsible in the case of an injury cause by the lawnmower. there are not warranties of any kind or character associated with this mower." if miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely:

win, as this warning and disclaimer of warranty would be ineffective against miles and other purchasers

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