DEPARTMENT EXAM TEST BANK SPRING 2011 True/False Indicate whether the sentence or statement is true or false. __F___ The Offeror Is The Party With The Power To Decide Whether To Create A Contract. __T___ An offer made as a joke, where a reasonable person would conclude that it was made as a joke, cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror’s agent. __T___ Generally, advertisements, catalogs, price lists, etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer. T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain from doing an act can serve as consideration. __F___ The mirror image rule permits the offeree’s acceptance of a contract to vary from the offer. _F____ A person who delegates his contractual duties is fully relieved of any further duty to perform under that contract. _T___ When both parties to a contract are minors, either or both of them may avoid the contract. _F____ A parent or parents who sign a contract on behalf of their minor child may disaffirm the contract just as their child may. __F__ A party who makes a mistake about the value of the object of a contract is normally permitted to avoid the contract. ___T__ A plaintiff must prove that he suffered actual injury to recover damages for fraud. ___F__ A party to a contract may delegate his rights arising from the contract to another person. ___T__ The nonbreaching party normally may not recover punitive damages in a breach of contract claim. ___F__ Expenses, such as those incurred to obtain performance from a source other than the original contracting party, are called consequential damages. __T__ An express contract may be either written or oral. ___F__ An incidental beneficiary can directly sue the maker of a contract in the case of breach. ___T__ The mirror image rule requires that the acceptance exactly match the offer. ___T__ Giving up a legal right to do something is enough to legally qualify as consideration. ___F__ A quasi contract is another name for an oral contract. ___F__ “I promise to pay you $100 if you will promise to fix my car next month. ” This is an offer for a unilateral contract. ___T__ If a person who has been declared ncompetent by a court enters into an agreement, that agreement is void, because it does not meet all the requirements of a binding contract. ___T__ Alice makes a material misrepresentation of fact to Betty, and based upon the misrepresentation, Betty enters into a contract. Betty now realizes she was deceived and wants to get out of the contract. This contract is voidable at Betty’s option only. ___F__ Nathan promises to take Debra to the show on Friday night. He then changes his mind so that he can stay home and study his business law. Nathan can be sued for breach of contract by Debra for breaking his promise. __F__ Generally, an offer is effective as soon as it is dispatched. ___T—– An offer must be communicated to the offeree or his agent in order for the offer to be effective. ___F__ If Bill tells Sara that he will give her two days to decide if she wants to buy his car, he cannot sell it to anyone else during that time. ___T__ Generally, a contract exists when an offer has been accepted. ___T__ If the offer specifies it MUST be accepted by letter, a telegram will not be a valid means of acceptance. ___F__ If an offer states that it MUST be received by a certain date, receipt is presumed in those situations when acceptance is mailed. __T__ The party to whom an offer is made is an offeree. __T___ A counteroffer operates as a rejection of the original offer. ___T__ Contracts have a number of legally essential elements, among which are an agreement and consideration. __F___ The law enforces all promises, therefore, all promises are contracts. __F___ On July 12th, 2008, Louis offers to employ Teresa as head chef in his restaurant next year. The very next day, Teresa accepts the offer. The parties agree on a term of nine (9) months, and a $10,000 salary per month. Per their agreement, Teresa is to begin work on January 1.
This contract falls within the scope of the statute of frauds, and thus will likely have to be in writing to be enforceable. ___F__ An offer can never be validly accepted by the offeree’s silence. __F___ Wendy offers to pay Jose $1,000 if he agrees to promise to paint her house this month. If Jose accepts the offer, it will create a unilateral, executed contract. __F___ A contract to provide lawn and landscaping service for “the next six (6) months” falls within the scope of the statute of frauds, and must be in writing to be enforceable. __T___ Fred offers to paint Debbie’s home for $500.
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Debbie tells Fred she will only pay $450, and Fred agrees. Under these facts, Debbie is the “offeror. ” __T___ Sarah, an artist, e-mails Patricia and offers to paint her portrait for $499. 99. Patricia calls Sarah back and accepts the offer. Sarah promises to paint the portrait within one (1) year, if not sooner, and Patricia agrees to pay within six (6) months of the portrait’s receipt. This is an enforceable, bilateral, executory contract. ___F__ Sue leases her 3 Bedroom, 2-bath home to Trisha for $300,000 for one year. The parties sign a written lease. Article 2-A of the UCC governs this contract. __F__ Bob, a schoolteacher, sells his neighbor Sam an old office chair at a garage sale. Bob has given Sam an “implied warranty of merchantability. ” __F___ Sue sells her 3 bedroom, 2 bath home to Trisha for $300,000. The parties sign a written contract. Article 2 of the UCC governs this contract. __F___ A contract for lawn mowing services falls under the scope of Article 2 of the UCC. __F___ For Article 2 of the UCC to apply, at least one party to the contract must be a merchant. __F___ Pat, who owns an appliance store, has a garage sale at his home where he sells old furniture and books.
He sells a set of books to his neighbor Judy. Pat is considered a merchant under Article 2 of the UCC in selling the books to Judy. __T___ The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers. __T___ Under a unilateral contract only one party makes a promise. __F___ A void contract is a contract that one or both parties may cancel, at their option. __T___ A promises to pay B $50 if B will mow A’s lawn. B completely and satisfactorily mows A’s lawn. This is a unilateral contract. __F___ An express contract is a contract that is evidenced by a writing. _F___ A revocation normally is effective at the time it is dispatched by the offeror. __F___ A rejection normally is effective at the time it is dispatched by the offeree. ___F__ The offeror’s death automatically terminates an offer, but the offeree’s death does not. __T___ An advertisement offering a reward for the return of lost property usually is treated as an offer for a uilateral contract. __F___ An assignee must give consideration to the assignor in exchange for the assignment. ___T__ In general, ambiguities in a written agreement are resolved against the party who drafted the agreement. __T__ Under the “American Rule” governing successive assignments, the first assignee in time has the superior right. __F___ Rolland just bought a new pair of eye glasses. He had to go to the eye doctor for an exam and to get a prescription. He then took the prescription to the eye-glass store to by his new glasses. Rolland’s visit to the eye doctor is governed by the UCC; the purchase of his glasses from the eye-glasses store is not. __F___ The mirror image rule permits the offeree’s acceptance of a contract to materially differ from the offer. __F___ A counter-offer will generally be treated as an implied revocation, and a new offer. _F___ If a rejection is placed in the mail, with the proper address and postage, it will generally be considered effective on “deposit. ” __T___ One of the key issues in a promissory estoppel case is whether the defendant made a promise to the plaintiff that the plaintiff detrimentally relied upon. __T___ In order for an offer to be legally valid under the common law, it must have reasonably definite terms. __F___ Advertisements are typically considered valid offers. __T___ One purpose of contract law is to make business matters more predictable. _T___ The elements to a contract are agreement, consideration, legality, and capacity. ___F__ Robert agrees to buy a car from Jane for $400. This contract must be in writing to be enforceable. ___F__ “I’ll pay you $1,000 if you promise to paint my house this month. ” If the offeree accepts, this is a unilateral contract. __F___ A person who makes a contractual offer is referred to as an “offeree. ” __F___ A person who makes a contractual promise is referred to as a “promisee. ” __F___ All promises are enforceable as contracts. ___T__ Advertisements are generally not considered as offers to enter into a contract. __T__ Under the common law, an offeree’s proposal to make a material change in the terms of an offer will most likely constitute a counter-offer. __F___ Mary was mistaken about a material fact concerning a contract she made with Bob. Mary can avoid the contract on the grounds of “fraud. ” __F___ Under the “mailbox rule,” some acceptances are deemed effective upon dispatch. __F___ A party can always avoid a contract on the basis of a unilateral mistake of value. __T___ Agreement is usually evidenced by an offer and an acceptance. __F___ An offeror’s subjective beliefs or assumptions determine his or her intent to contract. __T__ Under the common law, an offer must contain reasonably definite terms to be enforced. ___F__ An offer does not need to be communicated to the offeree to be effective. ___T__ A promise to do some specified thing in the future is an offer. __F___ Any agreement made “after a few drinks” can be avoided for lack of seriousness of intent. __F___ A price list is considered an offer. ___T__ An expression of opinion is not a valid offer. ___T__ When a contractor submits a bid for a construction project, the submission of the bid is an offer. __T___ A “quasi-contract” is not really a contract. _F___ An “express” contract must be in writing. __F___ Parol evidence is never admissible. __F___ If an offeree makes a counteroffer, he becomes the “counter-offeror. ” __F___ The UCC applies to contracts for services as well as to contracts for the sale of goods. __F___ Under the UCC, the mirror image rule applies in the same manner as under common law. ___T__ In ordinary sales transactions, the implied warranty of fitness for a particular purpose can be disclaimed, but the disclaimer must be in writing and conspicuous. ___F__ Implied warranties of merchantability can never be disclaimed. __T__ A model used in connection with selling goods will usually amount to a warranty that the goods will be as the model indicates. __F___ A statement that a particular truck can haul a 3,000 pound load would be treated as an opinion and would not become an express warranty. __T___ The implied warranty of merchantability requires that goods be fit for the ordinary purposes for which they are intended. __T___ For the implied warranty of fitness for a particular purpose to apply, the seller must have actually known the purpose for which the buyer was purchasing the goods. _T___ An implied warranty of merchantability arises in every sale or lease by a merchant. __F___ A seller’s statement that “this is a terrific used car” generally creates an express warranty. __F___ A buyer from a thief can acquire title to the goods as a good faith purchaser. __F___ A contract for the sale of goods must include a price to be enforceable under the UCC. __T___ In ordinary sales transactions, the warranty of title can be disclaimed or modified only by specific language in a contract. _F___ Implied warranties of merchantability can never be disclaimed. __T___ According to the UCC, unless otherwise specified or agreed upon, all goods in a contract must be rendered in a single delivery. __F___ The UCC, not common law, covers the sale of real estate and services. __T___ When an offer governed by the UCC does not specify a means of acceptance, it can be accepted by any means reasonable under the circumstances. __F___ The UCC always governs breach of contract cases involving a combination of services and tangible movable goods. _T___ In order to be liable for negligence a person must have owed a duty of care to the plaintiff. ___T__ Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor’s yard where it breaks a window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball. __T___ Truth is a complete defense to defamation. ___T__ Arthur offers Bob, an employee of Carl, a job with his company at a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl.
Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations. ___F__ The same act can never be both a tort and a crime. ___F__ Because he’s a good friend, and has known Hilda a long time, Scott fixes Hilda’s car as a surprise for her birthday. When Hilda sees it, she is so happy, she promises to give Scott $1000 the following week for doing the work. He gratefully accepts.
A court would likely find that: 1) this promise to be supported by valid consideration; and 2) Hilda’s promise to pay $1000 is enforceable as a contract. ___F__ One distinction between nuisance and trespass to land is that trespass to land involves intrusions by human beings, while nuisance involves intrusions by other forces. __F___ In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else. ___F__ In a strict liability case, the plaintiff still must prove that the defendant breached a duty. _T___ Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skill in the area. ___T__ A copyright owner’s failure to use a proper copyright notice does not cause her to forfeit copyright protection. ___T__ Consent can be raised as a defense to battery. __T___ Bill dictates a letter to his assistant, Barbara. The letter is addressed to Betty Bonds, his accountant, and in it, he accuses Betty of being dishonest – when he knows she is not!
Barbara never types the letter, and does not send it to Betty. Nevertheless, Bill has likely committed the tort of defamation. __F___ In a defamation suit where the plaintiff is a “public figure,” the defendant must prove that the plaintiff acted “with actual malice. ” __T___ A fanciful use of ordinary words may be trademarked. __T___ Tort law provides legal remedies for both personal injury and property damage. __T___ In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act. _T___ To commit an intentional tort, a person need not act with a harmful motive. __F___ An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future. __F___ A battery occurs only if the victim suffers actual physical harm. __T___ Libel involves the written communication of defamatory language. __F___ Puffery is fraud. __T___ To commit the tort of trespass to land, a person does not need to actually harm the land. __T___ Conversion is wrongfully taking or retaining an individual’s personal property and placing it in the service of another. _T___ An arbitrary use of ordinary words may not be trademarked. __F___ A service mark is used to distinguish products produced by the federal government from those produced by private corporations. _T____ Brad doesn’t like Rob and especially dislikes Rob’s new felt hat, so he intentionally knocks it off Rob’s head in order to embarrass Rob. Brad has committed a battery. __T___ In a defamation action, the plaintiff must prove that the defendant communicated a false statement to a third party. __T___ A tort is a violation of a duty imposed by the civil law. _T___ Under the new Restatement (Third) of Torts, a manufacturing defect exists only when it is shown that: 1) the product has departed from its intended design; and 2) the manufacturer failed to exercise “due care” in the manufacturing process. __F___ Written defamation is called “slander. ” ___T__ Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false. __T___ In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner. _F___ Prior to any battery, an assault (even if only momentarily) must have occurred. __T___ Punitive damages are intended to punish the defendant. __F___ An employee who divulges secret trade information cannot be sued. __T___ Infringement is the unauthorized use of the intellectual property of another ___F__ Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition. __T___ For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office. ___T__ Trade secrets are information held as confidential by a company and its employees. _T___ A trademark differs from a service mark in that the latter describes services. __T___ A copyright does not last forever. __T___ A copyright would protect a photograph. __T___ Georgia’s company may lawfully discover Samantha’s company’s trade secrets if Samantha’s company fails to take reasonable precautions to protect their trade secrets. __F___ A patent may be renewed. __T___ Knowing and intentional infringement of a mark can be a criminal offense. __T___ Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.
Komco may copyright its magazine and television ads. __T___ The word “truck” cannot be a trademark for trucks, although it could be a trademark for a new brand of designer jeans. __F___ A patent is available for an idea as well as a tangible application. __T___ Computer software may be patentable. __T___ If a trademarked name acquires a generic meaning the owner of the trademark loses protection. __F___ Persons found liable for a tort usually must either pay a fine or serve time in prison. __T___ Some torts are crimes. _T___ “Res ipsa loquitur” means “the thing speaks for itself” and raises a presumption of breach of duty and causation in negligence cases. __F___ The plaintiff’s burden of proof in a tort action is beyond a reasonable doubt. __T___ Bob writes an all-new, original, marching song. Bob’s song is copyrightable. ___T__ Dan lends Susan $500. She agrees to pay Dan $100 a month until the $500 is paid. She gives Dan her diamond ring to hold until she fully satisfies the debt. The ring is “collateral. ” __T___ Filing a petition for bankruptcy automatically stays most legal actions filed against the debtor. __T__ Bob throws a ball across his neighbor’s property, and the ball then lands in the street; this could constitute “trespass to land. ” __F___ Bob sends Larry Lawyer, his attorney, a letter in which he accuses him of being “an incompetent lawyer. ” Larry is not incompetent, and Bob knows that the statement he is making is false. This constitutes the tort of defamation. __F___ A party trying to establish mutual mistake as a defense to the enforcement of a contract must show that the other party had “scienter” (guilty knowledge) of the mistaken fact. __F__ A security interest is not enforceable after the creditor’s rights have attached to the collateral. _F____ A chair bought by a business office would be classified as a consumer good. __T___ In order for an artisan’s lien to be valid, the lienholder normally must have possession of the property. __T___ Where the creditor has possession of the collateral, the security agreement may be oral. _T____ A security agreement may cover after-acquired property of the debtor–if it says so. __T___ Attachment of a security interest is a necessary condition for its perfection. _F___ Bob has not paid his ex-wife alimony as required under court order. His ex-wife is trying to collect the alimony Bob owes her. Bob files a bankruptcy petition. This automatically stays his ex-wife’s collection efforts. __F___ Negligence may best be described as an intentional tort. __T___ When a court determines whether the defendant has breached his or her duty of care to the plaintiff, the court asks whether the defendant acted the way a reasonable person would in similar circumstances. __T___ Compensatory damages include damages for past and future pain and suffering. _T___ A company is generally not liable for the criminal acts of its employees. ___T__ One who participates in an activity subject to strict liability will be held liable for damages resulting from the activity even if he exercised reasonable care in undertaking the activity. _T____ Strict liability for defective products requires the plaintiff to show there was a defect in the product that caused the injury. __T___ In some cases, failure to warn about a product’s dangers can make an otherwise safe product defective. __T___ Generally, sellers must design their products to be safe when foreseeably misused. _T___ To succeed in a product liability suit based on strict liability, a plaintiff does not need to prove why or how a product became defective. __T___ Defendants who engage in ultrahazardous activities are almost always strictly liable for any harm they cause. __T___ A defendant who engages in an ultrahazardous activity is liable for any harm that results from the activity. __T___ Unless the warranty of merchantability is expressly disclaimed, all merchants warrant that the goods they sell are fit for the general purpose for which they are intended to be used. F____ A security interest is enforceable only if the collateral is in the possession of the secured party. __F___ To have an enforceable security interest in collateral that is in the possession of the secured party, there must be a written security agreement. __T___ A security interest is not enforceable unless the creditor’s rights have attached to the collateral. __F___ A security agreement’s description of collateral as “all the debtor’s assets” is sufficient to reasonably identify the property. __T___ To create an enforceable security interest, the secured party must give value. _F___ Collateral is not the subject of a security interest. ___T__ An authenticated security agreement can be in an electronic medium. __T___ For a creditor to have an enforceable security interest, it is necessary that the debtor have rights in the collateral. __F___ A chair bought by a business office would be classified as a consumer good. ___T__ A financing statement is effective even if it is filed electronically. __T___ For a financing statement to be valid, it must contain a description of the collateral. _F___ An improper filing does not render a secured party unperfected. __T___ The state office in which a financing statement should be filed depends on the debtor’s location. __F___ A pledge is a promise made by a debtor to take reasonable care of the property. __F___ Filing a financing statement with the appropriate public office is the only way to perfect a purchase-money security interest in consumer goods. __T___ A purchase-money security interest in consumer goods is perfected automatically at the time of a credit sale. _T___ A purchase-money security interest arises when a seller or lender provides a buyer with the “purchase money” to buy goods. __F___ A mechanic’s lien can be enforced to obtain payment for work that adds value to personal property. __F___ A creditor with a mechanic’s lien on property can prevent the sale of the property but cannot sell the property to satisfy the debt. __F___ A debt does not have to be past due before a creditor can begin legal action against a debtor. __T___ An artisan’s lien is effective only if a creditor has possession of the property. _F___ If a debtor cannot, or will not, pay a judgment, a creditor can only resort to “self-help” to collect. __T___ A writ of execution is a court order to seize a debtor’s property after the entry of a final judgment in a creditor’s lawsuit against the debtor. __F___ In a contract of suretyship, the surety is secondarily liable on an obligation and becomes primarily liable only when the debtor cannot pay the debt. __F___ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation. _F___ A contract of suretyship must be in writing to be enforceable __T___ A surety can use any defenses available to a debtor to avoid liability on the obligation to the creditor. __F___ Bankruptcy law has one goal: to ensure equitable treatment to creditors who are competing for a debtor’s assets. _T____ Bankruptcy proceedings are held in federal bankruptcy courts. __T___ A bankruptcy court looks at the totality of a debtor’s circumstances to determine whether the debtor’s petition for relief under Chapter 7 constitutes substantial abuse. _T___ The filing of a petition for bankruptcy will automatically stay most legal actions against the debtor. __T___ It is possible, on a debtor’s bankruptcy, that an unsecured creditor might receive nothing to cover the debt. __F___ A creditor’s extension of time to a debtor for making payment, without the consent of the surety, will not discharge the surety. __F___ Filing bankruptcy will automatically discharge all debts, including student loans and child support payments. __T___ A creditor with an artisan’s lien on property can sell the property to satisfy the debt. _T___ A guarantor is secondarily liable on an obligation. __T___ A guarantor becomes primarily liable only when a debtor cannot pay a debt. __F___ Before a surety can be required to answer for the debt of a debtor, the debtor must have defaulted on the underlying obligation. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. _C____ In order for a contract to be valid, it must: be made by a writing signed by adults be fully performed on both sides contain an offer, acceptance, and consideration be properly filed __A___ Consideration can best be described as:
Something of legal value Thinking about entering into a contract A counteroffer A signature on a contract _D____ In order for someone to avoid a contract on the grounds of intoxication, the level of intoxication must have been: At or above the legal limit Only high enough that he was able to notice it At least as high as that of the other party So great that he didn’t comprehend the nature of the agreement he was entering into __B___ Jill, aged 30, enters into a written contract for the sale of her car with Ginny, aged 17. Under these facts: Jill may disaffirm the contact since Ginny is a minor
Ginny can disaffirm the contract but only until a reasonable time after she turns 18 The contract is void The contract is illegal __D___ If a contract or contract clause is found to be unconscionable, the courts can do which of the following? Refuse to enforce the contract Refuse to enforce only the unconscionable portion Limit the application of the unconscionable portion a, b, and c _D____ George and Martha enter into an oral contract for the sale of George’s office building. Before Martha takes possession, this contract is: Enforceable by George only Enforceable by Martha only Enforceable by either party Not enforceable _C___ Mike makes a contract with Rich with the intent to benefit Mary. This is: An assignment A delegation A third party beneficiary contract None of the above __D___ Sue makes a contract with Tom that indirectly benefits Judy, although neither Sue nor Tom intended that result. Judy is: An assignee An assignor An intended beneficiary An incidental beneficiary _D____ John offers to pay Mary $100 if she can drive at 100 miles per hour on Interstate 95 for at least five minutes. If Mary drives her Mustang at 100 miles per hour on Interstate 95 for six minutes, she and John will have formed A bilateral contract
A unilateral contract A performance contract No contract __A___ Al tells Barb that he will buy her textbooks from the previous semester for $75. Barb agrees. Al and Barb have: An express contract An implied-in-fact contract An implied-in-law contract A quasi contract _E____ One often hears the expression “time is of the essence” which suggests that doing things in a timely fashion is important. If that is the case, which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired? Forty-eight hours Seven days Thirty days
Forty-five days There is no set amount of time and what constitutes a reasonable amount of time varies depending upon the subject matter of the offer. __C___ U. S. Stone promises to pay its employees a year-end bonus “if it seems like a good idea at the time. ” This is an example of: an enforceable promise an unconscionable promise an illusory promise a unilateral contract _A____ Christopher promised to sell his car to Jason and Jason promised to pay Christopher $7,500 for the car. This contract may be classified as: a bilateral contract a unilateral contract voidable contract none of the above __C___ To be enforceable, a non-competition clause in an employment agreement must: be jus terci be notarized be reasonable in scope, time and geographical limitations all of the above _E____ The elements of a valid contract include: Agreement Consideration Legality Capacity All of the above __B___ Usually, quasi contracts are imposed by the court: On parties who would not otherwise enter into valid contracts To avoid the unjust enrichment of one party at the expense of another When the amount of the contract is for $499 or less
If a formal seal on the contract is required __C___ If Harry promises to pay Larry not to park in a no-parking zone in front of Harry’s house, then the agreement is: Enforceable because Larry is giving up the right to do something that he could otherwise do in the absence of the agreement Enforceable because the agreement accomplishes Larry’s goal that the no-parking zone in front of his house be kept clear Not enforceable because Larry has no legal right to park in the no-parking zone Not enforceable because the no-parking zone is owned by the city __C___ U. S.
Brokerage promises to pay its employees a year-end bonus “if it seems like a good idea at the time. ” This is an example of: An enforceable contract An unconscionable contract An illusory contract A unilateral contract __C___ Joe has made an offer to Frank. Joe is therefore an offeror and Frank an offeree. Which of the following is a way in which Frank can manifest intent to enter into a contract with Joe? By performance only By a return promise only By performance or by a return promise By performance, by a return promise or by a counteroffer By a signed writing only _B___ You offer $1000 to anyone who can return your lost cat, Kitty. John returns Kitty and requests the money, you however refuse to pay and argue that there is no binding contract. Which of the following is true regarding your position? You are incorrect because there is a binding bilateral contract You are incorrect because there is a binding unilateral contract which John accepted by performing You are correct because there is no binding bilateral contract You are correct because there is no binding unilateral contract You are correct because John acted incorrectly by the manner of attempted acceptance _D___ Allison wishes to ensure that an offer from Jason to sell him (Allison) his speedboat is held open for a set period of time. Allison may do so by entering into a[n] ______________ contract with the Jason. Clear Explicit Unrevokable Option None of the above __B___ Jim who is in declining health believed that he had only a few months to live. Not wanting to die alone, Jim asked Jane to quit her job in New York City and move down to South Florida to look after him until his death. He promised to leave his house for Jane after his death.
Jane according quit her job and moved to South Florida to take care of Jim. Three weeks after Jane’s move, Jim died. Unfortunately, there was not written agreements etc. and Jim’s relatives wanted Jane out. The only way to avoid injustice here is to enforce the promise? Promissory agreement Promissory estoppel Quasi estoppel Quasi agreement Promissory performance __C___ Joey went to the Harvest Festival, where he stopped at Anderson’s booth where she was selling landscape paintings. Joey admired one of the paintings which did not appear to be for sale.
Joey said to Anderson, “I will give you $200 if you give me that painting right now. ” Anderson said nothing in response, but she gave Joey the painting, and Joey gave her $200 in cash. This is an example of a contract that is now: Bilateral and executed Bilateral and executory Unilateral and executed Unilateral and executory __C___ Joe goes to the dentist to have a tooth extracted. Joe never signs a written contract for this service, and he and the dentist never made an oral agreement either. Later the dentist bills Joe, and Joe refuses to pay.
After that, the dentist sues Joe. Which of the following is true? The dentist can recover under quasi-contract The dentist can recover under an implied contract theory a and b are true The dentist cannot recover because there was no express contract here _A____ A makes an offer to sell B some land, using a normal letter. The offer says nothing about an authorized or stipulated means of acceptance. B accepts using a normal letter. Which of the following is true? The acceptance is effective upon dispatch The acceptance is effective when it is received
The acceptance would be effective upon dispatch regardless of the means of communication used Two of the above are correct __D___ Carlos has entered into a contract to sell his house to Juan. Carlos knows that the house has a bad termite infestation that significantly reduces the value of the house. However, the topic of termites never came up and Carlos did not volunteer any information about the termites. Juan is not aware of the termite problem. Under the law of most states, has legal misrepresentation occurred here? no, because Carlos made no statement that was false o, because a seller does not have a duty to reveal all faults yes, because a seller must always inform a buyer about defects that are not obvious yes, because this involved a latent defect in real estate __C___ Punitive damages are most likely to be awarded in which of the following contract cases? **bad Faith!! ** Jack was not satisfied with the goods he purchased from Acme Company Jill rejected the portrait Hansel painted of her because it did not meet her satisfaction Big Insurance Company acted in bad faith in denying Pete’s claim Henry breached his promise to Kate to perform accounting services _D___ Paul promises to marry Sarah who in turn promises to marry Paul. The consideration for each promise is ______. A completed act, in this case the marriage The beginning of action in acceptance, even if it is not complete An acknowledgement of each party’s promise A return promise An agreement to marry __E___ A promise to do something that you are already obligated to do is ______. Valid consideration because it is illusory consideration Valid consideration only in the employment context Valid consideration because it is past consideration
Valid consideration only if a sale of goods is involved Not valid consideration __D___ The elements of promissory estoppel include all of the following except: Agreement Consideration Capacity none of the above __C___ Christopher promised to sell his car to Jason and Jason promised to pay Christopher $7,500 for the car. The parties have not yet performed their respective promises. This contract may be classified as: an executed, bilateral contract an executory, unilateral contract an executory, bilateral contract an executed, unilateral contract _C___ May tried to start her new car with no success. She yells that she will sell the car to anyone for $10. Nick, a passerby who owns Nick’s Pre-owned Autos, hands May $10. This is: a valid acceptance because May is seriously frustrated a valid acceptance because Nick is a car dealer not a valid acceptance because May does not seriously intend to sell not a valid acceptance because Nick is a car dealer _B____ Alan, a representative of Beta Services, Inc. , makes an offer to Carol, the owner of Delta Products, Inc. The offer is effective even if: Alan does not communicate it to Carol
Alan secretly does not intend to be bound by the offer Carol is not capable of accepting the offer the terms of the offer are not reasonably definite __B___ Owen announces that he plans to sell his business, Payroll Service Company (PSC), at a price below its market value. Quality Bookkeeping, Inc. , gives Owen a check for the stated amount. Owen: Is bound to sell PSC to Quality Bookkeeping May refuse to accept the check, because he only expressed an intent to do something in the future May refuse to accept the check, because he only xpressed an opinion as to the worth of the business May refuse to accept the check because he only expressed a willingness to discuss a possibility of entering into a contract __A___ Ellen is selling her classic cars in an auction “without reserve. ” During the auction, Ellen can withdraw the cars: at no time before the auctioneer announces that the cars have been sold before the cars are delivered to the buyers only if the bids are extremely low 0=============================================000000 __A___ Which of the following is true regarding promissory estoppel? t requires that the promisor should reasonably expect to induct the promisee’s action or forbearance damages awarded for promissory estoppel always equal the value of the promise relied upon by the promise it requires consideration it applies only when one or both parties is a merchant __C___ An oral contract that is covered by the statute of frauds is: Voidable Void Unenforceable Executory __D___ An executed contract is one that: Has been terminated by operation of law Has been terminated by the parties voluntary agreement Has been fully performed by one or both parties
Has been fully performed by both parties ___D__ An executed contract is one that: Has been terminated by operation of law Has been terminated by the parties voluntary agreement Has been fully performed by one or both parties Has been fully performed by both parties __B___ A contract whose formation is induced by duress (force or compulsion) is: Void Voidable Unenforceable Executory _C____ A void contract: Is a contract that one or both parties can cancel at their option Is a contract, even though the courts will not enforce it Creates no legal obligations
Is a contract that is created by operation of law rather than by the agreement of the parties ___A__ Which of the following cannot be disaffirmed until after the age of majority? A contract that affects title to real estate A contract for a necessary A contract that is fully executed A contract for the sale of goods __C___ Contracts made by severely intoxicated people: Are void rather than voidable Cannot be disaffirmed until the person has regained his mental faculties Cannot be ratified until the person has regained his mental faculties Are always binding, because the law does not want to reward drug or alcohol abuse _C___ In order to satisfy the Statute of Frauds, the parties’ writing must: Be signed by both parties Be notarized Be signed by the party to be charged with enforcement of the contract (the person using the statute of frauds as a defense) or his agent Contain all the necessary contract terms in one document __D___ First National Bank offers to lend money to Todd at 15% interest. Before Todd accepts the offer, a statute is enacted prohibiting loans at interest rates greater than 12%. According to common law, Todd and the bank have: A contract for a loan at 15% interest
A contract for a loan at 12% interest A contract for a loan at no interest No contract for a loan __A___ Bill contracts to repair a computer for National Distributors. Bill knows that without the computer, National will lose an important sale. Bill does not repair the computer on time, and National files suit against him. As consequential damages, National might be able to recover: The loss of profit National experienced as a result of the computer not being repaired on time The cost of a replacement computer
The difference between Bill’s quote to repair the computer and what it actually costs National to have the computer repaired Nothing __A___ The Statute of Frauds is: A defense to prevent the enforcement of an oral contract A claim stated by the nonbreaching party A criminal wrong that requires intent A civil wrong under the theory of negligence __D___ Edgar promises Alice that a certain used car is a “real gem. ” Edgar offers to let Alice take the car for a test drive, but Alice declines. She pays for the car and drives off but soon realizes that the car’s suspension system is in poor condition.
Alice: May rescind the contract on the grounds of unilateral mistake May rescind the contract on the grounds of fraud May rescind the contract on the grounds of misrepresentation Was not defrauded __D___ George and Martha enter into an oral contract for a sale of George’s tree farm. Before Martha takes possession, under the Statute of Frauds this contract is: Enforceable by George only Enforceable by Martha only Enforceable by either party Not enforceable __D___ Each of the following is a requirement, or an element, for a contract to be valid except: Capacity
Agreement Legality Offer Consideration ___D__ Acceptance of a bilateral contract occurs: When there is an exchange of a promise for an act Only if there is no detrimental reliance At the time of actual performance By the exchange of promises _E____ The day before the final exam, Professor Jones tells the class: “I promise to give everyone an “A” on this exam, and you don’t have to do a thing for it! ” Upon hearing this, Christopher yells “yippee!! ” and throws his textbook out the window (where it is promptly set upon and completely destroyed by the FAU owl! ).
When the grades come out, Christopher receives an “F. ” Christopher’s best argument to enforce Professor Jones’ promise would probably be: res ipsa loquitor quasi-contract impossibility (it was impossible for him to pass) implied-in-fact contract promissory estoppel _B____ Trevor offers a reward for the return of his golden retriever, “Six. ” He posts signs all over the neighborhood, but not on his own block. Justin, his 15-year old next door neighbor, finds Six at the park, and delivers him to Trevor – without seeing the reward signs or knowing about the reward offer!
Trevor is happy to get Six back, but refuses to pay Justin any reward. If they go to court and litigate the matter, what will each likely argue? Justin will argue promissory estoppel; Trevor will argue that the contract it is voidable due to Justin’s obvious lack of capacity Trevor will argue that his offer to pay the reward was not effective as to Justin, as Justin did not know of the offer; Justin will seek relief for unjust enrichment under a quasi-contract theory Trevor will argue lack of capacity; Justin will claim “implied promissory estoppel” none of the above __C___ The mailbox rule means the:
Offers and acceptances must be communicated in a certain way to be effective Offers and acceptances are effective at the time they are mailed In some cases, a properly dispatched, or sent, acceptance is effective even if the offeror never received it A properly dispatched, or sent, revocation of an offer is effective when mailed even if the offeree never received it ___B__ A contract in which both parties exchange promises is a(n): A voidable contract Bilateral contract Unilateral contract Quasi contract __A___ A person who makes a promise is a(n): Promisor Promise Offeror Executor _C___ Which of the following is not generally required in order to have a valid contract? Mutual assent A lawful purpose A fair bargain Parties who have contractual capacity __A___ Elvis makes an offer to Miguel, but before Miguel can accept, the state supreme court decides a case that makes the offer illegal. What is the effect of the court decision on the offer? The court decision automatically terminates the offer The court decision has no effect on the offer The court decision acts as a condition on the offer The court decision acts as a rejection of the offer by the offeree _C___ In general, which of the following will not terminate an offer to purchase real property? The death of the offeree The death of the offeror An inquiry by the offeree as to size of the lot An acceptance that adds a material item __B___ Lynn offers to sell his house to Dennis for $50,000. Dennis responds, “I will pay you $50,000 if you will paint the second floor. ” This response could be described as: An acceptance A counteroffer A rejection An invitation __B___ Eddie agreed to sell stolen bicycles to Foster for $500 and Foster agreed to buy them.
Which statement accurately describes their agreement? The agreement is a voidable contract, which the parties may later affirm The agreement is void and unenforceable The agreement is enforceable if it is stated in writing The agreement is a valid contract ___B__ Roger promised to sell his car to Reggie and Reggie promised to pay Roger $3,000 for the car. The parties have not yet performed their respective promises. This contract may be classified as: An executed, bilateral contract An executory, bilateral contract An executed, unilateral contract An executory, unilateral contract _B___ Jackie offered to pay Glen $500 in consideration for Glen’s complete trimming of all trees located on Jackie’s property. This offer is an offer for a unilateral contract. Under these facts: Glen can accept the offer by promising to trim the trees Glen can accept the offer by completely trimming the trees Glen can accept the offer by promising to trim the trees or by completely trimming the trees Glen cannot accept the offer, offers for unilateral contracts are illegal __B___ Gordon promises to pay Joseph $150 if Joseph promises to take notes for him next week in Business Law.
Joseph agrees, and takes the notes. On Friday, he delivers the notes to Gordon, who pays him the $150. This contract is: voidable and unilateral bilateral and executed void and executory voidable and executed __B___ Under the terms of a written contract, Jillian delivers certain goods to Mary with the agreement that she may use and test them for the purpose of determining whether she wishes to buy them. The title and risk of loss to the goods is to remain with Jillian until Mary calls and agrees to the sale. The best way to describe this transaction is as: a “merchant’s” firm offer sale on approval an entrustment a consignment none of the above __D___ The common law governs contracts: For services For real estate For employment All of the above ___B__ Which of the following contracts would not be governed by Article 2 of the UCC? The sale of a car The sale of land The sale of furniture The sale of a case of Pepsi Cola __A___ Under Article 2 of the UCC, a contract is usually enforceable even if which of the following terms is omitted: Price Quantity Price or quantity Neither price nor quantity _C____ The doctrine of caveat emptor means:
Let the seller beware Let the seller be liable for all damages Let the buyer beware That the legal remedy must be just and fair __A___ The distinction between contracts that are covered by Article 2 of the Uniform Commercial Code (UCC) and those that are not is: Basically dependent upon whether the subject matter of the contract involves the purchase or sale of goods Based upon the dollar amount of the contract Dependent upon whether the Statute of Frauds is involved Of relatively little or no importance because the common law and UCC are invariably the same _C___ Article 2 of the UCC does not apply to a sale of: Ball bearings Wheat that has been harvested Corporate stock A new car _C____ Why does it matter whether or not a contracting party is an Article 2 merchant? Because this is the test for determining whether Article 2 applies Because contracts between merchants are covered by the Restatement (Second) of Contracts rather than by Article 2 of the UCC Because Article 2 sometimes creates different rules for merchants in sale-of-goods cases Actually, the term merchant has little or no practical significance D____ The “confirmatory memorandum” exception to the UCC’s Statute of Frauds provision: Requires that the memorandum be signed by the party to be bound Requires that the memorandum be sent within ten days after the contract is made Applies even though the memorandum does not satisfy the UCC’s writing requirement Requires that both parties to the contract be merchants __A___ S and B make an oral contract whereby S agrees to sell B 480 widgets (goods) at a price of $480. Later, the parties want to modify the contract so that the price would become $520. This modification: Must be in writing
Must be oral because the first contract was oral Can be oral but need not be Is unenforceable because the first contract is unenforceable ___A__ In order to recover for breach of an express warranty, a plaintiff must show that: the warranty was part of the basis of the bargain the seller gave a sample or model of the goods the warranty was in writing the warranty used the words “warrant” or “guarantee” _A____ Intellex, a small computer chip-designing firm, contracts with Intech, a chip manufacturer, to design a new-generation computer chip. This contract is governed by: The common law of contracts Article 2 of the UCC
Article 2A of the UCC There is not enough information to answer this question __E___ Barry agrees to let Hillary work for him in his political campaign. She is to give speeches on his behalf, and generally try to persuade people to vote for Barry. In exchange, she is to be paid a yearly salary of $100,000. The contract is for two years, and is to commence next month. They both sign and date the agreement. Under these facts, Article 2 of the UCC requires: a signed writing that Hillary act in “good faith” that Bob conduct himself in a “commercially reasonable” manner both a and b above none of the above __B__ The Benson Ball Bearing Company orally agrees to sell 10,000 boxes of ball bearings to the Smith Motor Company at a rate of $10 per box, for a total of $100,000, and Smith orally agrees to pay that amount. Benson delivers 5,000 boxes, but Smith refuses to pay, citing the Statute of Frauds. Here, Smith is obligated to pay: Nothing $50,000 $75,000 $100,000 __C___ The following will create an express warranty except: A material statement of fact A description of the item A statement about the value of the goods A sample of the item __C___ Which of the following is not one of the aspects of the implied warranty of merchantability?
The goods are fit for the ordinary purposes for which they are used The goods are adequately contained, packaged, and labeled The price of the goods is not excessive, taking into account the goods’ grade and quality The goods are of such quality that they pass without objection in the trade The goods within each unit are of an even quality ___C__ Which of the following is not necessary in order for the implied warranty of fitness for a particular purpose to apply? The seller knows or has reason to know of the buyer’s intended use of the good The seller is a merchant
The seller states that the goods will serve the purpose of the buyer’s intended use The buyer buys in reliance on the seller’s skill and judgment ___C__ Randy bought a flashlight that was fully operable, however it had a small dent. If Randy sues for breach of implied warranty of merchantability: He may recover damages regardless of whether the seller was a merchant He may recover damages only if the seller is NOT a merchant He may not recover damages since the flashlight is fit for its ordinary purpose He may not recover damages since they did not have a valid contract _C___ Uptown Office Systems pays Tech Products $100 to use a Tech computer for a month. Under the UCC, this will be considered A negotiable transaction A consignment A lease A sale __C___ Jason purchased a used car from Car-Max when he was 17. The day after he turned 18, he decides he no longer wants the car and drives over to Car-Max. He tells the manager that he is exercising his right to disaffirm the contract and that the car is in the lot. He wants his money back. His right to disaffirm the deal will depend on: the car’s condition when Jason bought it the car’s current condition hether Jason acts within a reasonable period of time he cannot disaffirm, he is now an adult __B___ Organics R Us promises to sell to Whole Foods 100 bushels of fancy red organic apples. A wild fire destroys Organic’s orchard while being harvested. If Organics does not deliver 100 bushels as agreed: Whole Foods can enforce the contract because it has been breached Whole Foods cannot enforce the contract because it has been discharged Nothing happens, because the agreement has been suspended Whole Foods can buy 100 bushels from another vendor and sue Organic for the additional cost in obtaining 100 bushels from another vendor _C___ Mark and Jason enter into a contract in which Mark agrees to deliver cement to Jason at a construction site. They neglect to include a price in the agreement. A court will Refuse to enforce the agreement Select the lower quoted price for cement and insert it into the contract Determine a reasonable price for the cement and insert it into the contract Refuse to hear the case __A___ Ron and Wolf form a contract in which no mention is made of how the goods are to be delivered. In general, the UCC will require that the delivery take place at: The seller’s place of business
The buyer’s place of business Either the seller’s or the buyer’s place of business _A____ Grey contracts to purchase tea from Lipton but does not specify an exact amount of tea. Lipton subsequently breaches the contract. Grey will probably be: Unable to enforce the agreement under any circumstances Unable to enforce the agreement only if Grey’s loss is substantial Able to enforce the agreement against Lipton for failing to sell Grey its output Able to enforce the agreement against Lipton for failing to supply Grey’s requirements __B___ Robert agrees to paint Amanda’s leased home in return for $1000. The ontract provides that Amanda will provide the paint for the job. This contract: is governed by Article 2 of the UCC is not governed by the UCC is governed by Article 2A of the UCC all of the above ___B__ National Vehicles contracts to sell ten P. T. Cruisers to Imperial Leasing, which contracts to lease the P. T. Cruisers to Recreation Rentals. Don, the owner of National Vehicles, gives a P. T. Cruiser to Paula. Article 2A of the UCC applies to: The sale only The lease only The sale and the lease only The sale, the lease, and the gift __D___ Digital Computer Company agrees to sell Office Supplies, Inc. OSI), computers for OSI to sell in its stores. Generally, a contract between these parties will be rendered unenforceable if it does not include: The location for delivery of the goods The method of payment for the goods The price of the goods The quantity of the goods __C___ Lois offers to sell Clark fifty bushels of corn. Clark responds, “I agree to purchase fifty bushels only if the corn is Grade A quality. ” In these circumstances A contract is formed A contract is formed only if Lois can secure fifty bushels of Grade A corn Clark’s statement is a counteroffer Clark’s statement is an acceptance B____ Pastry chefs refer to a “baker’s dozen” as consisting of a collection of thirteen baked goods rather than twelve (twelve is one dozen by definition). This is an example of: A course of dealing Trade usage Course of performance Caveat emptor ___B__ A contract between Fresh Fruit Corporation and Green Grocer, Inc. , requires Fresh Fruit to deliver goods to Green Grocer’s place of business. This is: A shipment contract A destination contract ___A__ Dick steals Jane’s watch and later sells the watch to Sally. Jane can recover the watch from Sally Under any circumstances
Only if Sally knew that the watch was stolen Only if Sally did not know that the watch was stolen Only if Sally gave legally sufficient consideration for the watch __A___ Laren Engineering contracts for a sale of flight instruments to Boyer Aircraft. Before the date on which performance is due, Laren notifies Boyer that it will not be able to perform the contract as agreed. This is: Anticipatory repudiation Perfect tender Rescission Revocation of acceptance ___A__ Suzanne purchases from the Hair Care Store a hair dryer that, according to the box it is packed in, contains three speeds and 1,500 watts.
Suzanne subsequently discovers that the box contains only a towel with instructions. Suzanne may recover damages from the Hair Care Store due to its breach of: An express warranty A warranty of title The implied warranty of merchantability An implied warranty of fitness for a particular purpose __D___ Ben, a salesperson for Pre-owned Motors, states to Joan that “this is the best vehicle ever designed. ” This statement creates An express warranty only An implied warranty of fitness for a particular purpose only Both an express warranty and an implied warranty of fitness for a particular purpose Nothing __C__ Walt sells Ray a case of crystal goblets, but Ray refuses to examine the crystal for defects at the time of the sale. Ray later discovers a defect. Which of the following is true? Ray may recover damages from Walt for breach of the implied warranty of merchantability Ray may recover damages from Walt for breach of the implied warranty of fitness for a particular purpose Ray cannot recover from Walt since he waived his right to inspect Ray cannot recover from Walt since Walt is protected by the Statute of Frauds D____ If Bud threatens to shoot Steve with a gun that Bud knows is unloaded but Steve thinks is loaded: Steve cannot recover damages because he suffered no actual injury Steve can recover damages for battery Steve cannot recover damages because Bud did not intend to harm him Steve may recover damages for assault _D____ Which of the following can be raised as a defense to a claim of defamation? That the statement was true
That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice That there was a conditional privilege to make a defamatory comment on another’s statements in order to protect legitimate self-interest All of the above _C____ The tort of ______________ is a false communication which injures a person’s reputation and good name by disgracing him and diminishing the respect in which he is held. False light False imprisonment Defamation Disparagement __D___ While he is working for a local software company, Norbert secretly creates a completely original software game.
To avoid being discovered, he does not register a copyright on the game. Under these facts, which of the following is not accurate? if the Company discovers the game, and sells it as its own, Norbert can immediately sue for copyright infringement in state court software is not generally copyrightable by failing to timely register a copyright, Norbert may have lost any right he had in the game to the Company all of the above __B___ Bob sneaks up behind Robert and smacks him hard on the back of his head. These facts could constitute: the tort of assault the tort of battery assault and battery one of the above __C___ Which of the following are not valid defenses to a claim for negligence: comparative negligence contributory negligence negligence per se assumption of the risk none of the above ___B__ The elements of a cause of action in negligence include all of the following except: the defendant must owe the plaintiff a duty of care an enforceable contract between the parties an injury caused by a breach of the applicable duty of care none of the above ___B__ Bill tells several people in his business law class that Mike, a fellow student, is “a dishonest criminal – and he has smallpox too. Which of the following facts, if true, would benefit Bill most if Mike were to sue him for defamation? Mike incurred no “special damages” as the result of the comments Mike is a dishonest criminal, and he does have smallpox Both a and b above None of the above __C___ The seller of a defective widget is being sued by a buyer under a strict liability theory. Which of the following facts, if true, would not be beneficial to the seller’s defense? that the seller was not engaged in the business of selling widgets that the widget had been altered after the seller sold it hat the seller had taken all steps possible to ensure a safe product that the product was not unreasonably dangerous __C___ Harold comes up with an idea for a new type of pen that can write underwater. Harold can protect his new pen idea by: A trademark registration A copyright registration Applying for patent A service mark registration __B___ Jill develops a new espresso machine, which she names “Quik Shot. ” She also writes the operating manual to be included with each final product. Jill could obtain trademark protection for: the espresso machine only the name only he operating manual only the espresso machine, the name, and the operating manual __A___ Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury: If Bob intended to push Carol Only if Bob did not intend to break Carol’s arm Only if Bob had a bad motive for pushing Carol Only if Bob intended to break Carol’s arm __B___ Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of: Future harm Immediate harm Past harm Past, present, or future harm __C___ Kate believes that George is about to hit her.
To prevent harmful contact in dangerous situations, a person may use: Any force Any force, except force that is likely to cause death Force that is reasonably necessary to prevent the harmful contact No force ___C__ Larry is sued for assault and battery. Larry can raise defense of property as a defense to the charge of: Assault only Battery only Assault or battery None of the above __D___ Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment.
Ron is liable if Tina: Did not actually shoplift Had not shoplifted in the past Had probable cause to leave the premises Was detained for an unreasonably long time __A___ Mary is accused of slander. Slander includes: Oral defamatory statements only Written defamatory statements only Oral and written defamatory statements None of the above __A___ Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory: Because a third party heard it Only if Nick suffers emotional distress Only if the statement is also published in the media
Only if the statement was made in an annoying manner __D___ Assault and battery both require: Physical contact between the defendant’s body and the plaintiff’s body Awareness of the attempted physical contact at the time it occurs Reasonable apprehension of a harmful or offensive physical contact None of the above __C___ Which of the following is generally true regarding the tort of conversion? It involves both real property (land and interests in land) and personal property As its name implies, conversion always invo