1) Fact Pattern 13-B1
Quik Downtown Delivery contracts with Rico’s Tacos to deliver its products. Both
parties change their minds, however, and inform each other that they would like to
cancel the contract.
Refer to Fact Pattern 13-B1. The next day, Quik again offers to deliver Rico’s products.
Rico’s is willing to deal, but for a new price. Quik and Rico’s
a.may agree to a new contract, but it cannot include a new price.
b.may agree to a new contract that includes the new price.
c.must perform their original contract.
d.must perform the part of their original contract that is executory.
2) Moving & Storage Company holds goods for National Distribution Corporation,
which contracts to sell them to Omni Stores, Inc. The goods are to be delivered without
being moved and are represented by a negotiable bill of lading. The risk of loss passes
to Omni Stores
a.if Moving & Storage refuses to honor the bill of lading.
b.if National Distribution gives the bill of lading to Moving & Storage.
c.if the goods are lost due to an “act of God.”
d.when Omni Stores receives the bill of lading.
3) Persons who favor the creation of a federal biotech agency to regulate the production
of genetically modified agricultural and animal products should concentrate their
lobbying efforts on
a.Congress.
b.federal administrative agencies that oversee such products.
c.the United States Supreme Court.
d.the president of the United States.
4) Under federal law, an e-document is not as enforceable as a paper one.
5) Proceeds from the disposition of collateral after default are distributed in a certain
order with any surplus generally going to the debtor.
6) A collateral promise is one made by a third party to assume the debts or obligations
of a primary party to a contract if that party does not perform.
7) Judges use proximate cause to limit the scope of a defendant’s liability to a subset of
the total number of potential plaintiffs that might have been harmed by the defendant’s
negligence.
8) Few agency rules require considerable compliance reporting from regulated entities.
9) Statutes of repose places outer times limit on product liability actions.
10) The doctrine of strict liability can be applied to sellers of goods, including
manufacturers, but not distributors.
11) Under the Fourth Amendment, general searches through a person’s belongings are
permissible.
12) All checks are time instruments.
13) The goal of tort law is to put a defendant in the position that he or she would have
been in had the tort occurred to the defendant.