Order Processing Corporation and Pinpoint Data, Inc., enter into a contract online in a
state that has enacted an unmodified version of the UETA. With regard to the E-SIGN
Act
A.the E-SIGN Act does not preempt this version of the UETA.
B.the E-SIGN Act preempts this version of the UETA.
C.the “fit” between the acts is an issue for a court to determine.
D.the two acts “cancel” each other’s application.
Kelly is injured when she slips and falls on Layla’s sidewalk. To determine whether
Layla owed a duty of care to Kelly, Layla is subject to the standard of
A.a realistic person.
B.a reasonable person.
C.a recognizable person.
D.a reliable person.
Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently
inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that
gives rise to liability for fraud is normally based on a statement of
A.emotion.
B.fact.
C.opinion.
D.puffery.
Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing
his death. Charged with homicide, Workman can successfully claim as a defense
A.insanity.
B.duress.
C.entrapment.
D.self-defense.
George has a badly infected right foot. Herb, George’s physician, prescribes amputation.
George agrees. During the operation, Herb amputates the left foot. In George’s suit
against Herb, George’s best theory for recovery is
A.assumption of risk.
B.negligence per se.
C.res ipsa loquitur.
D.strict liability.