Kelly and Lucas sign a written contract for the sale of Kelly’s Koffee Kiosk to Lucas.
The parties intend their written contract to be a final statement of the terms of their
agreement.
The writing that Kelly and Lucas signed is
a. a completely integrated contract.
b. a conditionally integrated contract.
c. an agreeably integrated contract.
d. an obviously integrated contract.
Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales
Corporation, a Washington state company that does business in Utah. The court has
original jurisdiction, which means that
a. the case is being heard for the first time.
b. the court has a unique method of deciding whether to hear a case.
c. the court has unusual procedural rules.
d. the subject matter of the suit is interesting and new.
Kelly is injured when she slips and falls on Lee’s sidewalk. To determine whether Lee
owed a duty of care to Kelly, Lee is subject to the standard of
a. a realistic person.
b. a reasonable person.
c. a recognizable person.
d. a reliable person.
Grover contracts to sell two tracts of land to Hank. Both parties believe that the two
tracts are adjacent, but in fact they are not. Grover is still willing to sell the land, but
under these circumstances the deal would adversely affect Hank.
Because of the parties’ belief about the adjacency of the property, their contract is
a. unavoidable.
b. unconscionable.
c. unenforceable.
d. voidable.
Mercy, the chief executive officer of Medico Hospital Corporation, claims that certain
actions by the state of New York infringe on rights guaranteed by the Bill of Rights.
Most of these rights are held to limit
a. federal governmental actions only.
b. federal and state governmental actions.
c. state governmental actions only.
d. actions by non-governmental entities only.
Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels that display a
drawing of a squirrel making the gesture generally known as “giving the finger.” Old
Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell
the beer in Ohio. Without considering alternatives, OSLA denies approval because “the
label could appear in grocery stores, with obvious exposure on the shelf to children of
tender age.” Why would a court hold that the denial of Old Oak’s application violates
the First Amendment?
Phil invents “PhutureNow,” new Web site design software, and applies for a patent. If
Phil is granted a patent, his invention will be protected
a. for ten years.
b. for twenty years.
c. for the life of the inventor plus seventy years.
d. forever.
Patricia commits an act via e-mail against Othman Finance Company, a business in
California, where the act is a cyber crime. Patricia resides in New York where the act is
not a crime. Prosecution of Patricia in California involves questions of
a. jurisdiction.
b. “maximum contacts.”
c. the immunity of Internet service providers.
d. encryption.
Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri
is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the
issue is whether Lara, through her ad, has
a. a commercial cyber presence in Missouri.
b. conducted substantial business with Missouri residents.
c. general maximum contact with Missouri.
d. solicited virtual business in Missouri.
Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician,
Moira is held to the standard of
a. a blameless individual.
b a faultless ordinary person.
c. a reliable professional.
d. a reasonable physician.
Odell and Paula sign a contract for the sale of Odell’s Pizza Parlor to Paula. The parties
intend their written contract to be a final statement of most, but not all, of the terms of
their agreementOdell must first buy the building from Quin, after which Odell and
Paula will negotiate a final price.
The writing that Odell and Paula signed is
a. a completely integrated contract.
b. a conditionally integrated contract.
c. a partially integrated contract.
d. a supplementally integrated contract.
Ulrich, a citizen of Virginia, wants to enforce in the state of Washington certain rights
that he has under a contract with Xtreme SnoBoards Inc. A Washington state court is
most likely to enforce such rights under
a. no provision in the U.S. Constitution.
b. the commerce clause.
c. the full faith and credit clause.
d. the privileges and immunities clause.
Bess runs Creditors Asset Recovery. She recruits clients by misrepresenting the facts
and pretending to be licensed in various occupations in Michigan. Bess’s conduct most
likely warrants
a. an ethical admonishment but no other sanctions.
b. an injunction plus other sanctions.
c. no sanctions but no praise.
d. praise for her aggression in recovering the assets of “deadbeat” debtors.
Wild & Scenic River Tours, Inc., is a corporation. Wild & Scenic has the implied power
to
a. issue stocks and bonds.
b. execute contracts and negotiable instruments.
c. buy and sell (or lease) property.
d. perform all acts reasonably appropriate and necessary to accomplish its corporate
purposes.
Molly shoots Norm with Opal’s SureShot-brand pistol. The proximate cause of Norm
being shot is most likely attributable to
a. Molly.
b. Opal.
c. SureShot.
d. Norm.
Drummond wants to make a federal case out of his dispute with Elena. Federal cases
originate in
a. federal courts of appeals.
b. federal district courts.
c. state trial courts.
d. the United States Supreme Court.
Diamond Financial Planners employs Elle, Diamond’s most productive performer. Elle,
however, dissatisfied with the commission structure, quits to work for Feldstar
Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to
Feldstar. Laws related to trade secrets cover
a. Diamond’s list of clients.
b. Elle’s performance methods.
c. Feldstar’s commission structure.
d. none of the choices.
BizOnline.com uses an electronic agent, or e-agent, to perform certain tasks in
e-commerce. With respect to the e-agent’s actions, BizOnline.com is bound by
a. all of the actions.
b. only those actions of which BizOnline.com is aware.
c. only those actions that BizOnline.com does not refute.
d. only those actions that BizOnine.com ratifies.
Carol agrees with Dede and other performers to sign contracts with promoters and
others on the performers’ behalf. Carol is
a. an agent.
b. an employee.
c. an employer.
d. a principal.
Wyoming enacts a statute that limits the liberty of all persons, including corporations, to
broadcast “annoying” radio commercials. This may violate
a. equal protection.
b. procedural due process.
c. substantive due process.
d. the right to privacy.
Ira orally agrees to buy a unique collection of sports memorabilia for $1,000 from Jane
and sends her $250 as a down payment. When Ira sends her the rest of the price, Jane
refuses to ship Ira the collection. Ira should seek
a. damages.
b. reformation.
c. rescission.
d. specific performance.
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. nothing.
b. duress.
c. entrapment.
d. self-defense.
Rig Heli-Pads, Inc., enters into a contract to employ Scott as an on-site project manager
for two years. If Rig breaches the contract, Scott has a duty to
a. do nothing.
b. reduce the damages that Scott might otherwise suffer.
c. rescind the contract with Rig.
d. punish Rig and set an example to deter others from similar acts.
Flo agrees to work as Gary’s personal accountant for one year but dies in the sixth
month of the contract. Flo’s estate
a. is discharged from any contractual liability.
b. must find a competent accountant to fulfill the contract.
c. must pay liquidated damages.
d. must refund any money paid to Flo on the contract.
Flo tells Gregor that she will buy his textbook from last semester for $65. Gregor
agrees. Flo and Gregor have
a. an executed contract.
b. an express contract.
c. an implied contract.
d. a quasi contract.
Luann and Mace are partners in Networx, a computer peripherals firm.
Luann signs a contract with Oleo Chips, a retail component supplier, apparently on
Networx’s behalf. The contract is binding on
a. Luann, Mace, and Networx.
b. Luann only.
c. Networx only.
d. Oleo only.
Marine Recreation, Inc., allows Nels to take a Marine Recreation boat for a “test run.”
Nels tries the boat for a few hours, returns, and buys it. This is
a. a bailment.
b. a consignment.
c. a sale on approval.
d. a sale or return.
Genuine Seed Company and Hillside Farmers Cooperative enter into a contract for a
sale of hybrid seeds. Under the perfect tender rule, Genuine Seed must ship or tender
seeds to Hillside that
a. approximately conform to all of the details of the contract.
b. entirely conform to the contract except in one or two details.
c. exactly conform to the contract in every detail.
d. substantially conform to the contract in most details.
Jaqy distributes a handbill among her neighbors accusing one of themKedof being a
convicted sex offender. The statement is defamatory only if
a. a neighbor repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.
Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable,
Ludwig must know
a. Milo.
b. Nadine.
c. the marimba is stolen.
d. what a marimba is.
Toni files a suit against Universal Media Corporation for defamation. Actual malice
must be shown for recovery of damages if Toni is
a. a corporate officer.
b. a non-employee.
c. a private individual.
d. a public figure.
Steven, who is Bertha’s guardian, convinces her to buy a certain parcel of land from
Christy at a greatly inflated price. Steven may be liable for
a. duress.
b. fraud.
c. puffery.
d. undue influence.
The federal government and the state governments constitute the U.S. legal system.
This system is based on the legal system of
a. Ancient Greece.
b. continental European nations.
c. England.
d. predominantly Muslim countries.
Mia, a physician, renders aid to Noel, who is injured and unconscious. Mia can recover
the cost of the aid from Noel
a. even if Noel was not aware of the aid.
b. only if Noel recovers because of the aid.
c. only if Noel was aware of the aid.
d. under no circumstances.
Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store
without permission. Hilliard is liable for
a. appropriation.
b. conversion.
c. disparagement of property.
d. wrongful interference with a business relationship.
When the words in a contract have more than one meaning, they are cut from the
contract.
A contract cannot contain both implied and express warranties.
Pete’s Pizza employs Quincy as a delivery driver. Pete’s guarantees that an order will be
delivered within thirty minutes or there is no charge, and insists that its drivers meet the
limit. One night, while making a delivery, Quincy is caught in a traffic jam. To deliver
the pizza within the thirty-minute time limit, Quincy drives onto a sidewalk and hits
Ruth, a pedestrian. Is Pete’s liable to Ruth for her injuries? Is Quincy liable to Ruth?
Why or why not?
An unconscionable contract is a contract so one-sided and unfair at the time it is made
that enforcing it would be unreasonable.
If a buyer wrongfully refuses to accept goods that conform to a contract, the seller may
recover damages.
An unconditional assignment of rights in a contract will extinguish the rights of the as-
signor.
An agent’s implied authority can be inferred by the position the agent occupies.
The assignment of the same contract right to two different parties results in their
‘splitting the difference.”
Jen operates Jen’s Fruits & Vegetables, a small market stocked entirely with produce
grown on her adjacent farm. Under what clause of the Constitution can the federal
government regulate Jen’s activities? What is Jen’s best argument against federal
regulation of her farm and business?
An offer must be practical to be effective.
The measure of damages on a breach of contract is the amount that will impress on the
breaching party the harm that has been done.
Quality Computer Company agrees to sell one hundred hard drives to Retail
Electronics, Inc. The hard drives, which Retail Electronics expressly requires to have
certain amounts of memory, are to be shipped “F.O.B. Retail Electronics distribution
center in Memphis, TN.” When the drives arrive, Retail Electronics rejects them and
informs Quality Computer, claiming that the drives do not conform to Retail
Electronics’ memory requirement. A few hours later, the drives are destroyed in a fire at
Retail Electronics’ distribution center. Will Quality Computer succeed in a suit against
Retail Electronics for the cost of the goods?
Identity theft occurs when a wrongdoer steals another’s form of identification.
There is one right answer to every legal question.
In general, for every duty of the principal, the agent has a corresponding right.
Parents are ordinarily liable for the contracts made by their minor children, even if the
children acted on their own.
A right to receive damages on a breach of a contract for a sale of goods may be
assigned.
An unenforceable contract is one that cannot be enforced because of certain legal
defenses against it.
Most criminal liability depends on the performance of a prohibited act.