49 terms

bus law

bus law #2
Andrew added a drug to a drink he gave brittany to "relax her". Brittany now suffers from kidney failure. ANdrew has committed assault
Grace has a valid contract with Al to buy a desk once owned by James. Al now rufuses to go through with the sale. Because the item is unique, Grace can seek a decree of specific performacne to enforce the contract.
Three elements agreement, bargained- for consideration and contractual capacity are sufficient to form a valid contract.
The purpose of criminal law is to punish the defendant while the prupose of tort law is to compensate the victim
A statement is defamatory if the speaker intended to injure the reputation of the subject of the statement
Shannon, an electrical engineer, alters the power unit on her microwave oven to provide faster cooking. When the oven explodes causing a fire in her kitchen, she may bring a product liability suit against the manufacturer
Sam and Trent are parties to a bilateral contract. Sam is not required to begin his performance, the contract is not executory as to Sam
The fifth amendment requires a grand jury indictment for all criminal charges
A suregon is held to a higher standard of care in performing an operation than a general practitioner would be in performing the same operation
Brad was convicted in a criminal trial of assaulting Carl. Carl cannot now sue Brad in tort for personal injuries because Carl is protected against double jeopardy
Assumption of the risk is an element of negligence that must be proved by the plaintiff
The "state of the art" defense is always available to any manufacturer in a product liability suit based on strict liability
The use of electronic surveillance methods always violates the 4th am.
At the common law, a child under 7 years of age is presumed to lack the mental capacity to form criminal intent
An employer is liable for a tort committed by an employee if the employee was acting within the scope of his.her employment at the time the tort was committed
The Unifrom Commerical Code governs contracts for the sale of secrutities and other negotiable instruments
Under the doctrine of unjust enrichment, persons are allowed to enrich themselves inqeuitably at the expense of others
An unenforaceable contract is one the court will not enforce because of certain legal defenses against enforcement
A victim of fraud has an incentive to sue under the civil provisions of the RICO act bcause the plaintiff will recover four times thamount of damages he actually suffered
AN owner of exotic animals, lions, etc may be held strictly liable for any injuries these animals cause no matter how much care the owner exercises
The doctrine of re ipsa loquitur applies when an alledged tortfeasor causes damages while violating a law or ordinance
A corporation need not turn over its interal records in a criminal proceeding because to do so would violate the corporations right against self incrimination
An express contract must be in writing to be valid
Contracts formed by the conduct of the parties rather than expressed in words are implied in law contracts
In most states, children under the age of_______cannot be held liable for negligence
Non- violent crimes based upon fraud and concealment are classified as _____ crime
white collar
The damages awarded to a plaintiff in the event of technical breach of contract are _____ damages
Mary, concerned with antibiotics and chemcials in the food supply, started to raise pigs in the backyard of her house. She now has 14 pigs who produce a significant amount of solid waste which attracts insects and has a noxious smell. There are no town or county ordinances that specifically forbid raising pigs. Her neighbors should challenge her right to engage in this activity based on the tory of__
Nellie Neighbor made the following offer to two students who lived next door " I will give you each $50 if you come to my house and move some furniture for me on satrday" This is an offer to form a _______ contract
Megan saw two boys swimming across a river she knew had a deep and dangerous channel. She did not warn the boys or try and stop them. If one of the boys were injured could megan be sued for negligence?
No, because megan had no duty to take care of the boys
To be found guilty under the RICO act, a person or business must have committed____RICO crimes within a period of _____ years
Which of the following statements is true about the use of the resaonable person standard in negligence cases?
All above.
The Garcia Family hired home improvements INc a local construction company to put an addition on their home. The contract between the garcias and home improvement is governed by
State Common law
Don, a businessperson, is charged with RICO offenese. Don may be subject to penalties under RICO only if he
committed two or more certain federal or state crimes
Britney promises to deliver a certain couch to Dan, who promises to pay for the service. Britney does not perfrom her promise. She me be required to
pay damages
Which of the following statements about criminal intent is fasle
The intent to commit a crime is the same thing as the motive for committing the crime
Beth invited friends for a BBQ and touch football game in her backyard. Roger one of her guests broke his ankle when his foot slipped into a hole as he ran out for a pass. Several malfunctioning sprinkler heads were removed from the law for repairs leaving dangersous, but hidden, holes. At common law, would beth be liable for roger?
Yes, she had a duty to warn him about the hidden dangers
Kelly received a bookbook in the mail she had not order. The packing slip read "return this book to the publisher within 14 days or send a check of $35 to the address below." kelly did not return the book or send a check. Is kelly required to pay for the book?
No, federal law allows kelly to treat the unsolicaited book as a gift and she may do as she wishes with it
The doctrine under which employers are liable for torts committed by employees while the employees are acting within the scope of their employment is
respondeat superior
Which of the following is not an affirmative defense in a negligence suit?
All above amy be raised as affirmative defenese---- contributory negligence, comparative, assumption of the risk.
Ellen has a contract with sue to buy her riding lawn mower for $200. Ellen has given sue $200 in cash and sue has given Elleb possession of the mower. The contract is now______ as to both parties
Seeking to overthrow the government is the crime of
Assume plaintiff was 60% responsible for his own injuries. He would be able to recover the 40% of his injuries casued by neglignent defendant if the stae which hears the case follows the doctrine of
comparative negligence
WHich of the following crimes can be used in RICO charges
mail fraud, securities, banking--ALL
WHich of the following is not a 5th am protection?
The right to bear arms.
Frnak bough a diamond ring for his girlfriend from Bill. Bill told Frank he had given the ring to his fiancee, who returned it when she broke off the engagement. In fact, BIll had stolen the ringer at a party. Grank has no reason to know or suspect the ring was stolen. What is Franks liability in these circumstances?
Frank has committed no tort or crime
Competitor wrongfully claims one of the ingredients used in the manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals. Competitor has committed the tory of
A contract is voidable if
one of the parties has the option to set aside the contract
Big 60s british rock star had a contract to perform at shady pines retirement home, where many of his fans now lived. Sunnydale Retirement village, a business rival, convinced rock star to breach his contract with shady pines and perform for them instead on that day. THey offered him more money and promised to pay for any liability he might have to shady pines. Shady pines an sue Sunnydale for
interference with a contractual relationship