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Questions in this quiz (41)
1Circuit Judge Richard Posner began his Tort Law casebook with a discussion of:
- AChief Justice Marshall's opinion in Gibbons v. Ogden
- BCircuit Judge Learned Hand's opinion in United States v. Carroll Towing Co.
- CChief Justice Warren's opinion in Brown v. Board of Education of Topeka, Kansas
- DJustice Black's opinion in Gideon v. Wainwright
2The probability of a maritime accident occurring is 10%, with a loss of $130,000.00. In other words, the expected loss is 0.10*$130,000 (sorry, but I can't trust you with arithmetic on a high-stakes BLE test). The boating company's burden of adequate precautions against an accident is $12,800. If the company fails to take precautions, then:
- Athe company is strictly liable for the accident
- Bthe injured party will be referred to the Court of Admiralty Claims
- Cthe company may plead non compos mentis in defense
- Dthe company is liable in negligence for the accident
3Negligence requires a defendant to be at fault for causing the plaintiff's injuries.
- ATrue
- BFalse
4Which of the following statements is true about strict liability?
- AIt applies only to manufacturers of a defective product.
- BIt is liability without fault.
- CIt requires privity of contract between the plaintiff and the defendant.
- DIt covers casual sales and transactions.
5According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?
- Aonly the manufacturers of the products.
- Bonly the parties directly involved in the sale of the product to the customer.
- Call parties providing services related to the product.
- Dall parties in the chain of distribution.
6Which of the following statements is true about the strict liability doctrine?
- Aprivity of contract between the injured party and defendant is mandatory.
- BInjured bystanders cannot recover damages under the strict liability doctrine.
- CParties in the chain of distribution are strictly liable only to the customer who buys the product.
- DInjured bystanders are entitled to the same protection as the consumer or user.
7A defect in manufacture occurs when a manufacturer fails to _____.
- Adesign a product that is safe for users.
- Badequately check the quality of a product.
- Cwarn customers about the possible dangers of the product.
- Dprovide proper packaging for the products.
8_________ refers to a defect that occurs when a manufacturer does not place information about the dangers of a product on its packaging, causing injury if the dangers are unknown.
- AFailure to warn
- BDefect in manufacture
- CFailure to provide adequate instructions
- DDefect in packaging
9Clive buys a rifle from Gun Manufacturing Company and goes hunting. During the hunting expedition, he accidentally shoots himself in the foot. Which of the following would be true of this case?
- AClive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms.
- BClive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of a rifle.
- CClive cannot take any action because the handling of firearms entails generally known dangers.
- DClive cannot take any action against the company because he had abnormally misused the product.
10Ross makes an offer to Elizabeth to sell his automobile to her for $10,000. In this case, Ross is the offeree and Elizabeth is the offeror.
- ATrue
- BFalse
11Which of the following is true of the UCC (Uniform Commercial Code)?
- AThe UCC aims to create a uniform system of accounting among the 50 states.
- BThe common law of contracts normally takes precedence over the provisions of the UCC.
- CArticle 2 of the UCC prescribes a set of uniform rules for the creation and enforcement of rules of taxation.
- DArticle 2A of the UCC prescribes a set of uniform rules for the creation and enforcement of contracts for the lease of goods.
12Which of the following is true of the Restatement of the Law of Contracts?
- AIt serves as a reference for guidance in contract disputes.
- BIt does not identify negotiable instruments as formal contracts.
- CIts goal is to create a uniform system of commercial law among the 50 states.
- DIt is the absolute federal law for contracts drafted in the USA.
13According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the _____.
- Areasonable person standard.
- Blegality of the contract.
- Cdoctrine of equity.
- Dcommon law of contracts.
14Article 2 of the Uniform Commercial Code (UCC) prescribes a set of uniform rules for the creation and enforcement of contracts for the sale of goods.
- ATrue
- BFalse
15Yvonne finds a carpenter to do some repairs for her house and tells him that if he finishes the job within Saturday, she will pay him $1,000. This offer creates a(n) ______ contract.
- Aexecuted
- Bexecutory
- Cunilateral
- Dbilateral
16Contracts under seal are thus named because they are highly confidential, and the parties to these contracts are not allowed to talk about their terms.
- ATrue
- BFalse
17Kyle goes to a used-car showroom to buy a sedan. He signs an agreement with the store that bears the name of the car, price, and other details. This is an example of a(n) _______ contract.
- Aunilateral
- Bimplied-in-law
- Cimplied-in-fact
- Dexpress
18Contracts that have been fully performed by one side but not by the other are classified as ________ contracts.
- Aexecutory
- Bexecuted
- Cvoid
- Dvoidable
19Which of the following would be considered goods?
- Acompany shares
- Bcrops
- Ctrade secrets
- Dmoney
20Contracts for the provision of services are not covered by Article 2 of the UCC.
- ATrue
- BFalse
21Article 2 of the UCC defines a merchant as a person who deals in the goods of the kind involved in the transaction.
- ATrue
- BFalse
22In a lease contract, the title of the goods is passed from the lessor to the lessee.
- ATrue
- BFalse
23The ______ states that a merchant who offers to buy, sell, or lease goods and gives a written and signed assurance on a separate form that the offer will be held open cannot revoke the offer for the time stated or, if no time is stated, for a reasonable time.
- Agap-filling rule
- Bfirm offer rule
- Cmirror image rule
- Dopen term rule
24A shipment that is offered to a buyer as a replacement for the original shipment when the original shipment cannot be filled is referred to as a(n) ________.
- Aconsideration
- Baccommodation
- Csurrogate
- Dopen delivery
25How are additional terms in an acceptance to a contract viewed under the common law?
- AThey are viewed as proposed additions to the contract.
- BThey are seen as a counteroffer.
- CThey are allowed into the contract by the battle of the forms rule.
- DThey must be accepted under the mirror image rule.
26__________ is a rule that says that if a written contract is a complete and final statement of the parties' agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of the written contract are inadmissible in court regarding a dispute over the contract.
- AParol evidence rule
- BFirm offer rule
- COpen terms rule
- DGap-filling rule
27What is "course of dealing" when interpreting the express terms of a written statement?
- Athe previous conduct of the parties regarding the contract in question
- Bthe conduct of the parties in prior transactions and contracts
- Cthe conduct of contractual parties with parties not involved in the contract
- Dany practice of dealing that is regularly observed at adhered to in an industry
28Which of the following is an example of an irrevocable offer?
- Acounteroffer
- Bgift promise
- Coption contract
- Daccomodation
29Which of the following acceptances is allowed for an offer under common law?
- Amirror image rule acceptance
- Bopen term acceptance
- Cdeposited rule acceptance
- Dadditional terms acceptance
30Poole Contractors makes a contract with the Delta Resources to pay $50,000 for the supply of 500 truckloads of sand within a week. Delta resources delivers the sand two days after the contract was made, and Poole Contractors pays its $50,000 promised in the contract. This is an instance of _____.
- Asubstantial performance
- Bmaterial breach
- Cminor breach
- Dstrict performance
31When does a minor breach occur?
- Awhen a party rescinds the contract before actual work on the contract has commenced
- Bwhen a party renders substantial performance of his or her contractual duties
- Cwhen the party who is being offered goods or services rescinds the contract
- Dwhen the party who is offering goods or services rescinds the contract
32A(n) ________ breach of a contract occurs when a party renders inferior performance of his or her contractual obligations.
- Amaterial
- Bminor
- Canticipatory
- Ddefensive
33________ occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.
- ARestitution
- BRescission
- CAnticipatory repudiation
- DMaterial breach
34Mary buys a new toaster for $500. The toaster's label bears a disclaimer stating that the manufacturer is not liable for consequential damages. One day, while Mary is using the toaster, it starts emitting sparks and the electrical wiring of the kitchen gets damaged. The electrician tells Mary that the toaster malfunctioned and that the cost of the repairs would be $2,000. What monetary damages can Mary recover from the manufacturer of the toaster?
- A$500
- B$2,500
- C$2,000
- Ddamages cannot be recovered
35Which of the following hold true in a case of liquidated damages?
- AFor liquidated damages to be lawful, the actual damages must be precisely determined.
- BLiquidated damages are enforceable even if actual damages are later determined to be different.
- CA liquidated damages clause is considered a penalty if actual damages are not determinable in advance.
- DIf a liquidated damages clause is found to be a penalty, it continues to be enforceable.
36Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgement.
- ATrue
- BFalse
37Which of the following is true of specific performance?
- ASpecific performance of personal service contracts is not granted.
- BSpecific performance is not awarded if the subject matter of the contract is unique.
- CSpecific performance exempts works of art, antiques, and heirlooms as subject matter.
- DSpecific performance is not available to enforce land contracts.
38The party borrowing money is usually called a __________.
- Acreditor
- Bmortgagee
- Cdebtor
- Dbeneficiary
39Credit that requires collateral, which ensures payment of the loan, is referred to as _______.
- Aunsecured credit
- Bsecured credit
- Cequal credit
- Dfair credit
40An arrangement where an owner of real property borrows money from a lender and pledges the real property as collateral to secure the repayment of the loan is known as a(n) ___________.
- Aconsignment
- Bforeclosure
- Cmortgage
- Dassignment
41Which of the following real property transactions places legal title in real property with a trustee?
- Aland sales contract
- Bgarnishment
- Cdeed of trust
- Dmortgage
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- this is trash, don't use it
- Author
- Jay McCoy
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- English
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