Strict liability can be avoided where:
a. the seller uses due care and diligence in preparing the goods.
b. the seller manufactures products of this type on a regular basis.
c. the seller gives a disclaimer of the defect to the buyer in the sales contract.
d. the product was not in the same condition when the consumer bought it as it was
when the manufacturer sold it.
Which of the following is correct with respect to the act of state doctrine?
a. It allows foreign countries to be liable for their torts.
b. It allows state governments in the United States to ignore treaties entered into by the
United States.
c. It provides that the judicial branch of a nation should not question the validity of
actions taken by a foreign government within that foreign sovereign’s own borders.
d. It is a very recent addition to U.S. law.
A(n) __________ contract is one in which the terms have been definitely and
specifically stated and agreed upon.
a. express
b. implied
c. written
d. formal
Brian makes a material misrepresentation of fact regarding his horse to Rosalind while
out riding one day. Later that day, Rosalind makes an offer to buy the horse which Brian
accepts, without correcting his earlier misrepresentation of fact.
a. Brian may avoid the contract.
b. Rosalind may avoid the contract.
c. Either or both Brian or Rosalind may avoid the contract.
d. Neither Brian nor Rosalind may avoid the contract.
A __________ is an unincorporated business association consisting of at least one
general partner and at least one limited partner.
a. joint venture
b. limited liability company
c. limited liability partnership
d. limited partnership
Vi offers to pay Allison $150 if Allison will paint her apartment while she is out of town
on vacation for two weeks. Allison makes no promise but tells Vi that she will think
about it. While Vi is out of town, Allison paints the apartment. This is best described as:
a. a unilateral contract.
b. a quasi contract.
c. an implied in fact contract.
d. a bilateral contract.
Franco has the permission of George to walk across his yard on the way to school. If
Franco brings twenty of his friends across the yard, and they stop to play ball:
a. Franco is not guilty of trespass to real property, because he had George’s permission
to cross the yard.
b. Franco’s friends are not guilty of trespass to real property, because they were with
Franco.
c. Franco is guilty of trespass to real property, because he walked across the yard.
d. Franco and his friends are guilty of trespass to real property, because they played ball
in George’s yard.
For a memorandum to be incorporated into a will, which of the following conditions
must be met? The memorandum must be:
a. in writing.
b. in existence when the will is executed.
c. adequately described in the will.
d. All of the above.
Ed promises Marty $1,500 if he will completely landscape Ed’s yard. Which of the
following would discharge Ed’s obligation to pay under this contract?
a. Marty leaves a one-foot strip of land barren.
b. Marty doesn’t begin work on the landscaping until after he finishes two other jobs.
c. Marty doesn’t plant any flowers or grass.
d. Ed isn’t satisfied with Marty’s design.
A will entirely in the handwriting of the testator is called what type of will?
a. Nuncupative.
b. Holographic.
c. Conditional.
d. Codicil.
Which of the following is/are characteristic(s) of a common law legal system?
a. A common law system relies heavily on the adversary method for handling disputes.
b. A common law system relies heavily on inquisitorial method for settling disputes.
c. A common law system relies heavily on comprehensive statutes called codes.
d. All of these are correct.
If there is no time specified for the acceptance of an offer, when does the offer
terminate?
a. After 24 hours.
b. After 48 hours.
c. After two weeks.
d. After a reasonable period of time.
A __________ is a partnership in which the liability of the general partners has been
limited to the same extent as in a limited liability partnership.
a. limited partnership
b. limited liability company
c. limited liability limited partnership
d. None of these are correct.
A gratuitous agent:
a. is a paid agent.
b. is subject to the same duty of loyalty as other agents.
c. has no duty of diligence.
d. need not be reimbursed for her expenses.
As a general rule:
a. the defenses available to intentional torts and negligence are interchangeable.
b. if a plaintiff has established by a preponderance of the evidence all the required
elements of a negligence action, the plaintiff will automatically recover damages.
c. any defense to an intentional tort is also available in an action for negligence.
d. more defenses are available for intentional torts than are available in negligence
cases.
A __________ is an obligation imposed by law to avoid injustice.
a. contract implied in law
b. bilateral contract
c. quasi contract
d. Both (a) and (c).
Pam certified a statement prepared by John, her employee, without checking John’s
work. He was never known to be anything but diligent and his integrity had never been
questioned. The audit contained gross misstatements. Pam defends a suit against her
claiming “due diligence.” She will:
a. succeed, since she had no reason to believe her employee would lie.
b. succeed, because a reasonable person would have inquired further.
c. fail, because due diligence requires reasonable investigation.
d. fail, because she is automatically liable for her employee’s act.
Which of the following is a common criticism of deontological ethical theories?
a. They are excessively pragmatic.
b. They are rigid and excessively formal.
c. They only consider actions by their motives.
d. They fail to consider universal principles.
To establish an environmental strict liability suit at common law, the plaintiff must
show that the:
a. defendant was negligent in her operations.
b. plaintiff was not negligent.
c. defendant is engaged in an abnormally dangerous activity.
d. location for such activity is indeed appropriate.
The criminal intent necessary to commit a crime is known as:
a. actus reus.
b. mens rea.
c. the M’Naghten test.
d. malice aforethought.
a. What is a quorum of the board of directors for purposes of conducting corporate
business? What does the MBCA say with regard to what constitutes a quorum? What is
a supermajority requirement?
b. The directors of Bigkey, Inc. can’t decide whether to declare a dividend, so the board
appoints a committee consisting of the president of the corporation, the vice president
of the corporation, and the treasurer to decide whether to pay a dividend. If the
committee wants to declare a dividend, the directors say the officers can pay it
immediately before the next board meeting. Is this a permissible delegation of corporate
authority? Explain.
“Piercing the corporate veil” will result in personal liability of shareholders.
A principal is contractually bound to a third party if the agent acts without any authority
but the principal ratifies the contract.
In a sex discrimination case, under the equal protection clause the courts apply the strict
scrutiny standard of review.
The death or bankruptcy of a limited partner will dissolve the partnership.
A limited partner will not lose his limited status because of voting on an amendment to
the partnership agreement allowing a new business venture.
Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car
buyer, that the used car he is considering has never been in an accident. If Tolson buys
the car in reliance on Moore’s false statement, both Moore and Lewpenski Motors are
liable to Tolson for damages based on the fraudulent misrepresentation.
What are the requirements of negotiability under the Code? List and briefly summarize
them.
A partner may not receive a distribution from a limited partnership unless the
partnership’s assets after the distribution would be sufficient to pay all of the
partnership’s liabilities, including those to other partners on account of their partnership
interests.
Under the CISG, the seller must deliver goods, unless otherwise agreed, that are fit for
the purposes for which goods of the same description would ordinarily be used.