LSTD Exam 3

Created by ksbilley 

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True

To common intentional tort a person must intend the consquences of his or her acto to know with substantial certianty that certain consequences will results

True

An individual's right to privacy inclueds the execlusive use of his or her likeness

True

Punitive damages are intended to punish a wrongdoer and deter others

False

A superseding cause is an intervening even that imposes liability on a defendant for injuries caused by the intervening event

False

An offeree is a person who makes an offer

False

The offeree's rejection of an off terminates it

True

Under the mailbox rule, an acceptance can be valid as soon as it is sent.

True

Inadequate consideration may indicate fraud duress or undue influence

False

All promises must be in writting to be enforcable

False

When one party substantially performs his or her dutires under a contract, the other party is required to fully perform

True

Foreseeable bad weather conditions can excuse a party from performing a contract on the ground of commerical impracticability

True

A party seeking to recover compersatory damages may also be entitled to recover incidential damages

False

Specific performance is the remedy customarily used when one party has breached a contract for the sale of goods

Because Dale heard it

Dale hears Ed falsey accuse Flo of stealing from Great Warehouse Inc. their employer Ed's statment is defamatory

Ned refuses to pay for the repair

Ned leaves his car with Ok car shop to have it repaired. After the car is fixed Ok keeps it. Ok is not liable for trespass to personal property if

A resonsible physician

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of

The cause in fact

Driving spot utility vehicle negligently. Bart crashed into a street light. The streetlight falls smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is

A good samaritan statute

In an emergency situation, Lori renders aid to Mike, who need help. Mike would most likely be prohibited from suing Lori for negligence under

Enforceable

Ann promises to buy a house from Ben, who promises to vacate the property on June first. If these promises are in writing, they are most likely

Whether Tad acts with in a reasonable period of time

On Tad's 18th birthday he decides that he no longer wants to keep a car he bought from Upick Autos Inc. when he was 17. His right to disaffirm the deal will depend

$50

Retail sales company and standard purchasing corporation enter into a contract for a sale of good

False

To commit an intentional tort, a person must act with a harmful motive

False

Disparagement of property is another term for appropriation

False

A person assumes all risks associated with any activity in which he or she participates

True

The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence

False

A void contract is enforceable if it in writing

False

A counteroffer does not terminate but continues an offer

False

A promise by one party to pay another for refraining from an act is enforceable

True

The age of majority in most states is 18 years

False

Most contracts are discharged by operation of law

False

Any breach excuses the nonbreaching party's duty to perform

True

Remedies that an innocent party to rescind the contract

True

A breach of contract may entitle the innocent party to rescind the contract

Tom acted out of malice

At Seafood Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a batter. Tom is liable if

Wrongful interference with a business relationship

Curt, a dairy goods salesperson, follows Dona, a competitor's salesperson, as she visit convenience stores to make sales. Curt solicits each of Dona's customers. Curt is liable for

Un reasonable

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted

Nothing

Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for

Only the risks normally associated with the event

Will enters the Xtrem Decathlon, an athletic competition. Regarding the risk of injury. Will assumes

Promise only

Frieda and Gail enter into a bilateral contract, which is created when Frieda gives a promise in exchange for Gail's

Not liable, because the sale revoked the offer to Regional

Quality Vehicles' Inc. offers to sell a truck to Regional Delivery Company. Before accepting the offer, Regional learns that the truck has been sold to State Trucking Inc. Quality is

There is no contract

Glen owns two-all-terrain vehicles (ATV), worth $1000 and $500, respectively. Holly agrees to buy. "Glens ATV" for $750, Glen believes in good faith, that he is selling the $500 ATV. Holly believes in good faith, that she is buying the $1000 ATV. In this situation

An assignment

Jill and Kurt enter into a contract under which Jill agrees to pay Kurt $125 for a new briefcase. Kurt's transfer of his right to recieve this payment is

Substantial Performance

Protective Finishes Inc. (PFI) agrees to paint Quinn's house, using a particular brand of "discount" paint. PFI completes the job but uses a different brand of discounted paint. This is

novation

Jane and Kelly want Lucy to replace Kelly as a party to their contract. They can accomplish this by

Compensate a non breaching party for the loss of bargain

Eagle Products, Inc. breaches its contract with Federated Files a suit to recover compensatory damages. Which are normally assessed to

The mansion, the painting, and the vase

Alan contracts for the sale of an ancient vase, a Renaissance painting and a modern Mansion to Beth. Alan breaches the contract. Beth files a suit against Alan. The court will most likely award specific performance for

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