46 terms

LSTD Exam 3

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
An individual's right to privacy inclueds the execlusive use of his or her likeness
Punitive damages are intended to punish a wrongdoer and deter others
A superseding cause is an intervening even that imposes liability on a defendant for injuries caused by the intervening event
An offeree is a person who makes an offer
The offeree's rejection of an off terminates it
Under the mailbox rule, an acceptance can be valid as soon as it is sent.
Inadequate consideration may indicate fraud duress or undue influence
All promises must be in writting to be enforcable
When one party substantially performs his or her dutires under a contract, the other party is required to fully perform
Foreseeable bad weather conditions can excuse a party from performing a contract on the ground of commerical impracticability
A party seeking to recover compersatory damages may also be entitled to recover incidential damages
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
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
Retail sales company and standard purchasing corporation enter into a contract for a sale of good
To commit an intentional tort, a person must act with a harmful motive
Disparagement of property is another term for appropriation
A person assumes all risks associated with any activity in which he or she participates
The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence
A void contract is enforceable if it in writing
A counteroffer does not terminate but continues an offer
A promise by one party to pay another for refraining from an act is enforceable
The age of majority in most states is 18 years
Most contracts are discharged by operation of law
Any breach excuses the nonbreaching party's duty to perform
Remedies that an innocent party to rescind the contract
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
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
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