130 terms

BL test 2

If your actions happen to harm someone else, but
you never intended to cause that harm, you may nevertheless be liable for the tort of
c. negligence.
Which of the following is a defense to a negligence claim?
c. Assumption of the risk.
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be
c. unsuccessful, because Sarah was not injured.
While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is
d. the causation in fact, but not the proximate cause, of Ethel's death.
Scooter and Alex stand across a busy city street from each other and throw a baseball back and forth. Morgan drives down the street, and an inaccurate throw goes through Morgan's window, hits her in the face, and causes her to lose control and crash. She sues. The boys are most likely
b. liable, because it was foreseeable that the actions could cause an accident and injury
Carl has a bad left knee, but his right knee is healthy. He schedules knee replacement surgery with Dr. Nelson, who erroneously replaces Carl's right knee. Carl will most likely be able to prevail in a lawsuit against Dr. Nelson under a theory of
a. negligence per se.
Morrison put a large machine on a cart and removed the sides of the machine to work on it. While he was working on the machine, it fell over on him. Sally rushed to lift the machine and severely cut her hand. She sued Morrison, claiming that he was responsible for her injuries under the "danger invites rescue" doctrine. The court most likely found that Morrison was
c. liable, because Sally was injured while rescuing him from a danger brought about by negligence.
Refer to the hypothetical scenario Reviewing—Negligence and Strict Liability. Then answer the following question.

What defense will Ragged Mountain probably assert?
c. Assumption of the risk.
Refer to the hypothetical scenario Reviewing—Negligence and Strict Liability. Then answer the following question.

The central question in this case is whether the state statute establishing that skiers assume the risks inherent in the sport bars Alaina's suit. What would your decision be on this issue? Why?
d. Yes, because the statute strengthened the traditional common law rule.
A North Carolina regulation prohibits the placement of telephone booths within public rights of way and provides for criminal penalties. Despite this regulation, GTE placed a booth in the right of way near an intersection of two roads. Laura Baldwin was using the booth when an accident at the intersection caused a truck to smash into the booth. To recover for the serious injuries she sustained, Baldwin sued GTE. The court most likely found that GTE was
a. liable under a theory of negligence per se.
The person who commits a tort is known as
c. a tortfeasor.
If you commit defamation, you injure
b. a person's good reputation.
Jon is larger and stronger than Ben. Jon threatens to beat Ben, punches Ben in the face, and knocks out Ben's tooth. Ben may bring a lawsuit against Jon
b. for assault and battery.
Hugh is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Hugh, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for
c. appropriation
Heath opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Heath includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Heath has most likely committed the tort of
d. slander of title.
Refer to the hypothetical scenario Reviewing — Intentional Torts and Privacy. Then answer the following question.

Now suppose that Irene wins the election and becomes the city's mayor. Darla then writes a letter to the editor of the local newspaper disclosing Irene's misconduct. If Irene accuses Darla of committing libel, what defenses could Darla assert?
b. That her statements were true and not made with actual malice and therefore were not defamatory
Case 6.3, Fair Housing Council of San Fernando Valley v. Roommate.com, involved a company that offered a roommate-matching service. The issue in the case involved
a. the liability of an interactive computer service.
Lehigh Corp. was a real estate developer. The corporation brought prospective customers to its development, Lehigh Acres, and provided accommodations at its company-owned motel. Lehigh was successful and entered into many contracts with buyers. Chris Azar, a real estate agent, pursued the purchasers as they entered Lehigh's motel. He persuaded some to cancel their contracts with Lehigh and purchase less expensive property from him. Lehigh sued Azar, claiming that Azar was wrongfully interfering with its contractual relationships. Lehigh sought an injunction to prevent Azar from continuing this behavior. Azar contended that he was merely providing Lehigh's customers with an opportunity to obtain comparable property at lower prices. The court most likely
a. granted the injunction because Azar was wrongfully interfering with Lehigh's contracts with its customers.
Adeline Weiler was a clerk in a department store. A manager called her into his office to discuss discrepancies between her sales receipts and the cash in her register. Once she was inside, the supervisor closed the door. The supervisor questioned Adeline, seeking an admission that she had been stealing from the store. After three hours, Adeline signed a confession. The manager then fired her. In Adeline's lawsuit for false imprisonment, the court most likely found the store:
c. not liable, because the manager had reasonable justification for calling Adeline into his office for questioning.
Jim Meads owed $5,000 on his Visa card when he fell behind on his payments. Citibank closed his account and referred it to the Collection Group of Citicorp Credit Services (CCSI). Meads wrote to CCSI, explaining that because of medical expenses, he was unable to make the minimum payments on the account but would make partial payments. Meads also had his attorney write a letter asking CCSI to stop contacting Meads about the account and to direct all future inquiries to the attorney's office. Over the next four months, CCSI continued to contact Meads by telephone and letter, often more than once a week. Calls were made to his home and to his workplace during business hours. The callers were at times so abusive as to reduce his wife to tears. Meads filed a lawsuit against CCSI for intentional infliction of emotional distress. The court most likely found that CCSI was
d. not liable, because although rude and annoying, CCSI's behavior was not outrageous.
Roy owns an apartment building that contains units of different sizes. The sidewalks around the building are in poor repair. Many sections have buckled from the growth of tree roots over the years.
Refer to Fact Pattern 7-1A. As the landlord of the building, when a prospective tenant asks about the size of an apartment, Ray has a duty to
d. supply correct information.
The degree of care to be exercised in a situation can vary with a person's profession or occupation.
If no harm results from an allegedly negligent act, there is no liability.
A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.
The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.
One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.
Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as
c. a reasonable person.
Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as
c. other engineers.
Driving his sport utility vehicle negligently, Bart crashes into a streetlight. 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 the
c. cause in fact.
John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable
a. under no circumstances.
Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in
a. Palsgraf v. Long Island Railroad Co.
Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence
a. only if Lyle is injured.
Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks
b. normally associated with the Decathlon.
In an emergency situation, Milena, an emergency medical technician, renders aid to Lothar, who needs help. Lothar would most likely be prohibited from suing Milena for negligence under
a. a Good Samaritan statute.
Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen's injury
b. whether or not the Fast-Rate crew was at fault.
Which tort provides a basis for a criminal prosecution as well as for a tort action?
b. Battery
A wrongful mental state is known as
a. mens rea.
a. can be held liable for crimes, just as individuals can be.
Under the "responsible corporate officer" doctrine, corporate officers
d. are responsible for their own actions and also for the actions of employees under their supervision.
Perhaps the most significant federal statute specifically addressing cyber crime is the
c. Computer Fraud and Abuse Act.
Ellen owns a diamond ring that she often takes off and places on her desk while she works. She is usually careful to put it back on whenever she leaves her desk. One day she went to lunch and forgot to take the ring. Sue picked up the ring and did not return it to Ellen. Sue has probably committed the crime of
b. larceny.
Kayla advertises on the radio that she is selling a cream guaranteed to grow hair. Kayla knows that the cream will not do what she claims it will. Kayla may be tried
c. for the federal crime of wire fraud.
Arthur is the accountant for a trucking company. A driver, Tyler, holds a gun to Arthur's head and forces him to steal from the company. Arthur falsifies records, obtains cash, and gives it to Tyler. If criminal charges are brought against Arthur, he can assert the defense of
a. duress.
Case 9.3 in the textbook, Miranda v. Arizona, concerned a person's rights under the
a. Fifth Amendment.
Wilson started a fight with Harrison. Bernardy came to the defense of Harrison. Harrison knocked Wilson to the ground. Bernardy kicked Wilson several times in the head. Bernardy truthfully claimed that he believed a bystander was about to join the fight against Harrison and that he had to use force against Wilson to protect Harrison from harm. The court probably found that Bernardy's use of force was
c. justified, because he believed Harrison was in imminent danger.
Minka uses her computer to secretly install software on hundreds of personal computers without their owners' knowledge.
Refer to Fact Pattern 9-1A. Minka's software is harmful to the computers on which she installed it. This program is
a. malware.
A person who commits larceny can be sued under tort law.
Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability.
Any crime that requires knowledge of computer technology for its investigation is a computer crime.
A stolen credit card is more likely to hurt a consumer than a merchant.
A hacker is someone who uses one computer to break into another.
Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute
b. robbery.
Sven receives an MP3 player stolen from Tomas. To be criminally liable, Sven must know
c. the player is stolen.
Cameron manages an illegal gambling operation in his BBQ Bar & Grill. Cameron reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. This is
a. money laundering.
Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense
d. self-defense.
Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense
b. duress.
Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S. bank account. Irwin forwards his account number, but the funds are never sent. Instead, Jean quickly withdraws the funds in Irwin's account. This is
c. online fraud.
Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is
d. phishing.
Rashad accesses Quant Company's computer system without authority to obtain protected financial data. Under federal law, this is
c. a felony if it is committed for a commercial purpose.
Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocky is
c. a cyberterrorist.
A contract is
b. a promise or agreement that can be enforced in court.
In contract law, consideration means
c. something of value received or promised in the bargain.
Kamil owns a 2009 Toyota Camry that has been driven 24,000 miles and, to his knowledge, has no mechanical problems. He offers to sell the car to his friend Jamil for $12,000. Jamil accepts Kamil's offer. Jamil and Kamil have
a. an express contract.
Crisan, an eighty-seven-year-old widow, collapsed while shopping at a store. She was taken to the Detroit city hospital by ambulance. She stayed there for fourteen days and was then transferred to another hospital, where she later died. She never regained consciousness. After she died, the hospitals and the ambulance company sued her estate to recover their expenses. Will Crisan's estate be held liable for the medical bills?
d. Yes, because there was a quasi contract.
Refer to the hypothetical scenario Reviewing—Nature and Terminology. Then answer the following question.

What are the requirements of an implied contract?
d. All of these choices.
Refer to the hypothetical scenario Reviewing—Nature and Terminology. Then answer the following question.

Can Duncan establish an implied contract based on the employment manual or the written compensation plan? Why or why not?
a. Yes, because Duncan's conduct was consistent with the terms of the manual and the plan, which were incorporated into the preexisting employment contract.
In "Case 10.1", Scheerer v. Fisher, concerning the sale of real estate, the main issue was whether
a. the plaintiffs had stated a valid claim for quantum meruit.
In "Case 10.3", U.S. Bank, N.A. v. Tennessee Farmers Mutual Insurance Company., regarding a homeowner's insurance policy, the main issue before the court was
c. the interpretation of a particular clause in an insurance policy.
Nichols, Inc., a real estate firm, signed an exclusive brokerage agreement to find a buyer for Molway's property. Under the agreement, Molway agreed to pay Nichols a commission if Nichols found a buyer within 90 days. Nichols advertised the property, put up a "for sale" sign, and showed the property to prospective buyers. Before the 90 days expired, Molway tried to cancel the agreement, claiming that she could cancel at any time before Nichols found a buyer. Nichols claimed that Molway's cancellation breached their unilateral contract. The court most likely found that Molway
a. had breached, because Nichols had begun performing the contract.
Engelcke Manufacturing planned to manufacture Whizball, an electronic game. Engelcke asked Eaton to design the electronic schematic for the game and told him that he would be paid the reasonable value of his services upon completion. No contract was signed, nor were any specific terms or amounts discussed. Eaton had finished 90 percent of the project when Engelcke told him to quit. Eaton sued Engelcke, claiming breach of an implied contract. Would the court most likely find that an implied contract existed?
d. Yes, because the conduct of Engelcke and Eaton indicated that they had agreed Eaton would be paid to design a game for Engelcke.
The intention to enter into a contract is judged by outward, objective facts as interpreted by a reasonable person.
"Consideration" refers to the voluntary consent of all of the parties to a contract.
A check is a formal contract.
An express contract must be in writing.
Plain language laws regulate some types of contracts to require "legalese."
Crosby believes that he and Dakota agreed he would act as her personal sports trainer for seven workout sessions. In a later dispute, the existence of any contract can be judged by
c. the parties' statements at the time of their alleged contract.
Mona asserts that a deal she entered into with Nate is an unenforceable contract. Defenses to the enforcement of a contract include
b. the lack of a party's voluntary consent.
Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise in exchange for Gail's
a. promise only.
Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form, and Pinky gives Opie a check for the price. This check is
a. a formal contract.
Following negotiations with Merchants Storage Company, Lonny enters into an informal contract to clean the loading dock. This means that the parties' contract
c. requires no special form.
Flo tells Gregor that she will buy his textbook from last semester for $65. Gregor agrees. Flo and Gregor have
d. an express contract.
When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Loyal Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is
c. an implied contract.
Scot enters into a contract with Tiffany that later proves voidable at Tiffany's option. If she elects to avoid any duty to perform under the contract
c. both parties are released from it.
Mia, a physician, renders aid to Noel, who is injured and unconscious. Mia can recover the cost of the aid from Noel
d. even if Noel was not aware of the aid.
Diaz and Cuzco enter an express contract for the construction of a warehouse. Express contract terms are given, in relation to the parties' course of performance,
b. more priority.
An advertisement¾"this property for sale"¾is an offer.
A counteroffer does not terminate but continues an offer.
An acceptance subject to new conditions implicitly rejects the offer.
Parties cannot opt out of the UETA.
An e-record is considered received under the UETA only if a person is aware of its receipt.
Fanny tells Eden that she will sign a lease if it includes a clause permitting Fanny to extend the lease at the same amount of rent. Fanny's intent to sign the lease is determined by reference to Fanny's
b. words and action.
Nate tells Opal, "I might sell the skis that I bought last fall since I haven't used them and the skiing season is almost over." This is
c. a statement of future intent.
Yvon asks Zack, "Do you want to buy one of my fishing rods?" This is
a. not a valid offer because the terms are not definite.
Alan offers to transfer Beth's DVDs to digital flash drives for $150 plus the cost of the drives. The mailbox rule will not apply if Beth accepts the offer by
a. e-mail.
Deepwater Mining Corporation offers to sell East China Refining, Inc., a certain quantity of unrefined oil. If East China sends an acceptance via Deepwater's authorized mode of communication, it will be effective when it is
c. sent.
Magic Math Corporation makes business accounting software, which is packaged with a shrink-wrap agreement. National Distribution Company distributes the software to retailers, including an Office Stuff store, where Peg buys a package of it. The parties to the shrink-wrap agreement are
d. Magic Math and Peg only.
Howie enters into a contract with Ida over the Internet to buy soybeans as a hedge against falling prices in corn. Neither party prints out a hard copy. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), this contract can
a. not be "denied legal effect" because it is only in electronic form.
Michelle gives out a business card with an e-mail address on it. According to the comments that accompany the UETA, it may be reasonable to infer that Michelle has consented to
b. transact business electronically.
Somethin'-in-the-Oven Corporation and Cookin' Good, Inc., transact a deal under the UETA. Other state law applies to a dispute between the parties relating to
a. the formation of the parties' contract.
Beyond-the-Sea Corporation and Homeport Company make a deal for Homeport's products, via e-records. Under the UETA, an e-record is considered sent when it
b. leaves the sender's control.
Fact Pattern 12-1A

Jesse defends against a breach-of-contract suit by College Credit Corporation by claiming that their deal¾a student loan accruing interest at a certain rate and payable beginning on a certain date¾was unfair because the consideration for their contract was inadequate.
Refer to Fact Pattern 12-1A. "Adequacy" of consideration refers to
b. "how much" consideration is given.
In contract law, "consideration" refers to the courtesy that one party shows another in negotiating a deal.
A transaction that lacks a bargained-for exchange lacks an element of consideration.
Parties are not generally free to bargain as they wish.
Courts typically consider the adequacy of consideration.
Inadequate consideration may indicate undue influence.
Vince offers to buy a book owned by Sun-Hi for twice what Sun-Hi paid for it. She accepts and hands the book to Vince. Sun-Hi's delivery of the book is
a. consideration.
Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the "cost of doing business." Bucolic agrees but later refuses to pay. Their agreement is
d. unenforceable because Agro's performance was a preexisting duty.
Mary promises to pay her assistant Ned $10,000 in consideration of the services he provided over the years. Mary never pays Ned. Mary is
c. not liable, because the consideration is in the past.
Homebuyers Mortgage Corporation's promise to pay its employees a year-end bonus "if it seems like a good idea at the time" is
a. an illusory promise.
Domestic Auto Sales, Inc., promises its salaried employees a bonus at the end of the year if management thinks it is warranted. This promise is
d. unenforceable because it is not supported by consideration.
Cherry is injured in an accident caused by Bronco. Bronco agrees to pay Cherry $2,500 if she agrees to release him from further liability. Cherry agrees. If Cherry's damages ultimately exceed $2,500, she can
d. not collect the balance from Bronco.
Herm promises to pay Nixie to work as an assistant buyer for his Organic Foods stores. Nixie agrees and quits her job with Pic-U Grocery, but Herm does not hire her. Herm is most likely liable to Nixie under
a. the doctrine of promissory estoppel.
Berkie's bicycle is damaged in an accident caused by Imogene. Berkie agrees not to sue Imogene if she will pay for the damage. If she fails to pay, Berkie can bring an action for breach of contract. This is
d. a covenant not to sue.
Betty pledges to donate $1,000 to the Children's Hospital. On the basis of the pledge, the hospital orders additional equipment. Betty reneges on the pledge. The hospital sues Betty. If the court enforces the pledge, it will be
c. under the doctrine of promissory estoppel.
All contracts between adults and minors are void.
A contract is void if one of the parties was intoxicated at the time of its formation.
Federal law bars electronic payments, such as credit-card transactions, at online gambling sites.
In an employment contract, a covenant not to compete can be enforceable.
When a statute protects a certain class of people, a member of that class cannot enforce an otherwise illegal contract.
Dante enters into a contract with Rosalinda, who does not have contractual capacity. Dante can enforce the contract if Rosalinda
d. does not choose to avoid the contract.
Yvon and Zach are minors who marry each other. Their minority status may be terminated under the laws of
a. some states.
Olga, a minor, signs a contract to buy a computer from Phil, the owner of Quality Computer Store. Olga's right to disaffirm the contract
c. does not change the fact that Phil is bound by the contract.
Jenna, a minor acting on her own, signs a contract to buy a horse and its tack from Field Equine Ranch. Later, after taking possession of the horse and tack, Jenna disaffirms the deal. She
d. must return both the horse and the tack.
Ruth, a minor, charges groceries at Sam's Mini-Mart. Two days later, Ruth disaffirms the purchase. Ruth owes Sam's
a. the reasonable value of the groceries.
Jacquie signs a contract to buy a car just before reaching the age of majority. After reaching the age of majority, Jacquie does not take possession or make payments. Most courts would hold, with respect to the contract, that this is
b. disaffirmance.
Max, a minor subject to his parents' care and control, signs a contract to rent an apartment from Noel for one year. Before the end of the term, Max moves out. Noel sues for the rent for the rest of the term. Max can
a. disaffirm the contract and avoid liability for the rent.
Lindsey, an emergency medical technician, is called to an accident scene by Nicole and renders medical care to Marvin, a minor. Lindsey may recover the cost from
a. Marvin.
Fernando obtains a consumer loan from Greater Regional Credit Union at an interest rate that exceeds the state's maximum. Greater Regional has
b. committed usury.
Cross-Country Trucking Company contracts with Baldwin to transport crated goods to a certain destination for $5,000. Cross-Country delivers the crates, but Baldwin does not pay. Cross-Country learns that the crates contained stolen goods. Cross-Country can
b. recover $5,000 from Baldwin.