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BA 3301 exam 2

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2nd Exam – Contracts/Torts
  1. A contract clause that states that a buyer will purchase a new home only if she/he can get financing under 6.5 percent is an example of a contract with a condition subsequent.

2 points

Question 2

  1. All contracts that are performed in installments are legally classified as divisible contracts.

2 points

Question 3

  1. A building contractor who does not fully meet each and every obligation in the building contract will receive no compensation for his work.

2 points

Question 4

  1. Which of the actions below, if taken by the parties to a contract, will terminate the contract?

2 points

Question 5

  1. Mary has a contract to buy Jena’s house. The contract says that Mary’s obligation to go through with the purchase is contingent upon Mary selling the house she currently owns. This is an example of what?

2 points

Question 6

  1. The majority of contracts are discharged by performance by both parties.

2 points

Question 7

  1. Under the Code, suits for breach of contract must be brought within three years of the breach.

2 points

Question 8

  1. Constructive conditions in contracts are imposed by the courts to serve justice.

2 points

Question 9

  1. Terms and conditions that are read into contracts by courts to serve justice are __________terms.

2 points

Question 10

  1. Frank and Joe agree that they will break into and steal money and goods from Local Liquor Store on Sunday at 3:00 a.m. Frank buys some tools to force open the back door. Before they actually break into the store, however, the police catch them. Frank and Joe can be charged with which of the following crimes?

2 points

Question 11

  1. Acts which are wrongful in themselves and prohibited by almost all civilizations are classified as ______________crimes.

2 points

Question 12

  1. Which of the following isnota Fifth Amendment protection?

2 points

Question 13

  1. Cruel and unusual punishment and excessive bail is forbidden by the _________Amendment.

2 points

Question 14

  1. Owen, the owner of Owen’s Bar and Grill, repeatedly warns his bartenders to check ID’s and to be on the lookout for fake ID’s. Bartender was caught by police serving alcohol is a minor. Despite his many warnings, under which doctrine would Owen be held criminally liable?

2 points

Question 15

  1. What does the grand jury issue if it finds insufficient evidence to bring an accused to trial?

2 points

Question 16

  1. A corporation need not turn over its internal records in a criminal proceeding because that would violate the corporation’s right not to incriminate itself.

2 points

Question 17

  1. The Supreme Court has ruled that evidence gathered in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights cannot be used at trial. This is called the ______________rule.

2 points

Question 18

  1. Alan was convicted in a criminal trial of assaulting Ben. Ben cannot now sue Alan in tort for personal injuries because Alan is protected against double jeopardy.

2 points

Question 19

  1. An employer is liable for a tort committed by an employee if the employee was acting in the scope of his employment when he committed it.

2 points

Question 20

  1. Damages for pain and suffering from a personal injury are classified as non-economic damages and are often difficult to calculate.

2 points

Question 21

  1. Bereaved had a dispute with Funeral Home over the costs of services for his father. When he left home the morning of the funeral, he found his father’s embalmed body on his front door step. Bereaved has suffered prolonged sleeplessness and depression since then. Bereaved can sue Funeral Home for

2 points

Question 22

  1. The doctrine under which employers are liable for torts committed by employees while they are acting within the scope of their employment is___________.

2 points

Question 23

  1. The legal classification for all property that is not real property is ________________.

2 points

Question 24

  1. The purpose of criminal law is to punish while the purpose of tort law is to compensate the victim.

2 points

Question 25

  1. Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission, an agent from Big Ad Agency took a picture of them as they slept and used it in a full-page ad in a national magazine. The agency had superimposed an image of a man in a business suit, working on a laptop, sitting next to them. The caption read “Our Brokers Never Sleep.” Pam and Sam could sue Big Ad for

2 points

Question 26

  1. Competitor wrongfully claims that one of the ingredients used in the manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals. Competitor has committed the tort of____________.

2 points

Question 27

  1. Another term for punitive damages is ___________damages.

2 points

Question 28

  1. If Mike owes a “slight duty of care” for property he is keeping for Doug, Mike would only be liable for damages to the property caused by

2 points

Question 29

  1. Assumption of the risk is an element of negligence that must be proved by the plaintiff.

2 points

Question 30

  1. Iris was at fault in a car crash in which Phil was injured. As they waited for the EMT’s to arrive, a plane, which was part of a nearby air show, crashed into Phil, significantly increasing his injuries. Iris will not be liable for this second set of injuries because the plane crash was a(n)___________________cause.

2 points

Question 31

  1. To which of the following can the development of negligence law in the nineteenth century can be traced?

2 points

Question 32

  1. Which of the following isnotan affirmative defense in a negligence suit?

2 points

Question 33

  1. Dr. Dan accidentally left a scalpel in Paul Patient during Paul’s operation, causing Paul much pain and necessitating additional surgery. Paul’s lawyer will most likely use the special doctrine of ____________when he sues Dr. Dan for negligence.

2 points

Question 34

  1. The famous American case that established that risks and damages have to be foreseeable in negligence cases wasMarbury v. Madison.

2 points

Question 35

  1. The product defect in a strict liability suit can consist in

2 points

Question 36

  1. Which of the following describes the duty of a landowner to a trespasser under the common law?

2 points

Question 37

  1. The person to whom an offer to form a contract is made is called the___________.

2 points

Question 38

  1. Which of the following isnotan element of a valid contract?

2 points

Question 39

  1. Betty Buyer discovers that the pin she bought from Sally Seller is not a ruby as Sally had claimed. She believes that Sally’s misrepresentation was innocent, but she wants to get her money back. The contract remedy Betty should seek is

2 points

Question 40

  1. Which of the following is the kind of contract in which each party offers as consideration a promise to do something?

2 points

Question 41

  1. What is another term for consequential damages?

2 points

Question 42

  1. What is another term for punitive damages?

2 points

Question 43

  1. 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 Ellen possession of the mower. What is the status of this contract between Sue and Ellen?

2 points

Question 44

  1. The Uniform Commercial Code governs contracts for the sale of goods.

2 points

Question 45

  1. The Garcia family hired Home Improvements, Inc., a local construction company, to put an addition on their home. What type of law governs the contract between the Garcia’s and Home Improvement?

2 points

Question 46

  1. What was Bernie Madoff’s sentence?

    A.
    B.
    C.
    D.

2 points

Question 47

  1. The batmobile is covered by copyright protection from automakers copying its design and selling a novelty item.

2 points

Question 48

  1. Theresa Sokaitis and Rose Bakaysa were sister who agreed to share their lottery winnings for life, even putting it in writing. What happened to that agreement?

2 points

Question 49

  1. In Walden Federal Savings and Loan v. Slane the court held that severe downturns in economic conditions is sufficient to declare a contract impossible to perform.

2 points

Question 50

  1. Steela Liebeck was driving her car with hot coffee between her legs when she slightly burned he thigh, resulting in a lawsuit where she was awarded millions of dollars from McDonalds.

2 points

Question 51

  1. I have neither received or given any assistence either to or from any third party concerning the content or answers prior to or after the completion of this exam.

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