Q&A Hero

Q: Most of the time, an advertisement is specific enough to constitute an offer.

Q: Emerson, a wealthy man, has a special seal made that contains his family crest and motto. Emerson places the seal impression next to his name on every contract that he signs in order to prove that other contracts containing a signature without the impression are forgeries. Discuss the type of contract Emerson makes.

Q: Fraser entered into a written contract with the Plastica Company to purchase 100 plastic black bats for a Halloween party he was hosting. The terms of the contract called for Plastica to deliver all 100 bats by October 25. On October 20, Fraser received from Plastica 85 plastic bats and 15 paper red bats. A letter accompanying the shipment stated, "We no longer make plastic black bats. For the inconvenience, we will charge you 15 percent less than the price we originally agreed upon." Was the contract between Fraser and Plastica an executed contract? Explain.

Q: In the case of an open offer, there must be serious intent, clear and reasonably definite terms, and communication to the offeree.

Q: Teri sends an offer to Morris to sell her car for its Blue Book value. Morris is the offeror.

Q: A current market price contract is one in which the market is determined by references to the price of goods on a specific date.

Q: Foster Aircraft Co. has agreed with the U.S. government to rapidly produce a new fighter aircraft in exchange for specified production expenses and a 10% profit. This is a cost-plus contract.

Q: Ruben promises to pay Talana $200 if she steals Jessica's business law textbook. Talana steals the business law book but Ruben, who now feels guilty for his act, refuses to pay Talana and asks her to return the book. Discuss ways in which Reuben has breached the contract.

Q: Georgia purchases what proves to be a defective product from ZBest Enterprise to give to her best friend, Sarah, on her birthday. Georgia refuses to take legal action against ZBest because she is afraid of confrontation. Sarah, wanting to help Georgia, and angry at ZBest, wants to sue ZBest. Discuss the options Sarah has to sue the company.

Q: Shannon offered a $50 reward for the return of a lost kitten. When Mark found the kitten and returned it to Shannon, she refused to give him the reward because he had not promised to find the kitten before he went looking for it. Analyze the case.

Q: Charleen goes to Big Basket Supermarket and fills her cart with food, pushing it up to a checkout line. Discuss the type of contract Charleen and Big Basket have.

Q: Jackie takes her car to the All Clean Car Wash and watches the employees mistakenly give her car a special $30 hand wax treatment rather than the $5 spray wax she requested. Jackie refuses to pay $30 saying that she requested a service that would cost her only $5. Analyze the case.

Q: Donita, 34, and Terry, 25, enter a contract which stipulates that Donita will allow Terry to occupy her apartment for six months, beginning next month. Terry has agreed to pay a rent of $100 per month. Discuss the elements that make this contract legally binding for Terry and Donita.

Q: Mark was speeding on the highway when he and John had a car accident and suffered serious head injuries. As a result, John's memory was affected and he could not remember any of the incidents on the day of the crash, including the fact that Mark's rash driving caused the car crash. At the hospital, Mark, who has suffered minor injuries, convinces John that the crash was no one's fault and just bad luck. John is empathetic and signs a contract with Mark stating that neither party would sue the other for damages. However, Lily, who was with John in the car, knows that Mark was responsible and challenges the contract in court, in addition to filing a lawsuit against Mark. Analyze the case.

Q: A contract implied by the direct or indirect acts of the parties is known as a(n): A. express contract. B. implied-in-fact contract. C. unilateral contract. D. void contract.

Q: The quasi-contract: A. does not result from the mutual assent of the parties. B. can be applied even when one party bestows a benefit on another unnecessarily. C. cannot be imposed by a court. D. can be implemented to obtain payment for an act that a party simply feels should be done.

Q: An informal contract is also known as a(n): A. void contract. B. quasi-contract. C. implied-in-fact contract. D. simple contract.

Q: Eloise made a contract in January that gave her until the end of the year to complete her work on a new computer system for Dexter. In mid-July, Eloise is working on the computer system. The contract in July is: A. executory. B. unenforceable. C. being expressed. D. executed.

Q: Beth, 15, enters into a written contract with Joan, also 15. In the contract, Beth agrees to do Joan's math homework for two weeks for $50, which Joan agrees to pay at the end of the two-week period. This contract is: A. implied-in-law. B. void. C. unenforceable. D. voidable.

Q: Which of the following cannot be upheld by a court of law because of some rule of law? A. Unenforceable contract B. Valid contract C. Voidable contract D. Void contract

Q: Henrietta offers a $500 reward for the return of Fifi, her lost dog. Silas finds and returns the dog. This is an example of a(n): A. bilateral contract. B. unilateral contract. C. quasi-contract. D. unenforceable contract.

Q: Webtel Services, Inc. and Acme Co. sign a document which states that Webtel Services will create a web page for Acme and that Acme will pay for this work. This is an example of a(n): A. void contract. B. unilateral contract. C. express contract. D. implied-in-law contract.

Q: In terms of written contracts, which of the following statements is true? A. A written contract has to be a formal preprinted agreement. B. A written contract cannot be keystroked or scrawled. C. Sales slips and receipts are not forms of written contracts. D. A written contract can be a notation or a memorandum.

Q: The rule that an innocent party is not permitted to take advantage of a breach by deliberately raising the level of damages that the other party will have to pay as a consequence of the breach is known as: A. duty to mitigate. B. punitive damages. C. equitable remedies. D. specific performance.

Q: The _____ is a model set of laws designed to govern almost all commercial transactions. A. Uniform Contract Law Code B. Uniform Common Code C. Uniform Civil Code D. Uniform Commercial Code

Q: In terms of "contracts and other agreements", which of the following statements is true? A. The courts have been agreeable to the enforcement of social agreements. B. All agreements are contracts, but not all contracts are agreements. C. An agreement may or may not be legally enforceable. D. To be enforceable, an agreement must be in written form.

Q: Matrix, Inc. contracts with Smalltown Economic Development Corp. to build a factory in Smalltown that will employ 10,000 workers. Matrix later breaches this contract. Smalltown citizens who are unemployed sue Matrix for breach of its contract. Matrix's best defense to citizen suits involves the legal doctrine of: A. unenforceable contracts. B. executed contracts. C. privity of contract. D. implied-in-fact contract.

Q: Which of the following contracts should be in writing to be enforceable in courts under the Statute of Frauds? A. Contracts that can be completed within one year. B. Contracts to pay the debt of another. C. Contracts involving sale of all types of goods. D. Contracts in consideration to employment.

Q: A(n) _____ type of contract may be canceled by one of the parties. A. unenforceable B. void C. voidable D. valid

Q: A proposal made by Braxton, to his friend Mike, indicating willingness to enter a contract to buy Mike's old car for $4000, fulfills which element of the formalist theory of contract law? A. Capacity B. Consideration C. Mutual assent D. Legality

Q: The quasi-contract concept may be applied as a means of obtaining payment.

Q: _____ outlines the laws and the procedures followed by merchants in commercial transactions. A. Contract law B. Commercial law C. Trade law D. Mercantile law

Q: _____ characterizes any system of law that is consistently applied in the same evenhanded way, no matter who the antagonists might be. A. Universality B. Neutrality C. Mutuality D. Involvement

Q: Which of the following is true of fair courts? A. They were tribunals set up in seaport towns to handle disputes involving maritime law. B. They heard cases that involved only a certain set of commodities. C. They applied common law to all commercial cases. D. They heard cases involving commercial disputes.

Q: Which of the following elements of a contract require an offeror to make a valid offer to enter a contract in terms that are clear and ambiguous and communicated to the offeree, and the offer has been properly made by the offeror and accepted properly by the offeree. A. Legality B. Capacity C. Consideration D. Mutual Assent

Q: Clark promises to pay Mike $30 if Mike will mow Clark's yard. This is an example of a unilateral contract.

Q: When contracting parties accept mutual obligations through oral discussion, they have created an implied contract.

Q: Pumping gas into a car at a self-service gas station would be an example of an implied-in-law contract.

Q: In case of an implied-in-law, the court will apply reasons of justice and fairness and may obligate one who has unfairly benefited at the innocent expense of another.

Q: The courts have never been agreeable to the enforcement of social agreements.

Q: Vivian believes that Ewell's contract with Mickey is unfair to Ewell. Vivian may sue since she has privity due to her interest in Ewell.

Q: Gregory sells his land to Tim. Under the Statute of Frauds, Gregory and Tim must enter a written contract to be enforceable in the court of law.

Q: Matthew agrees with a friend to divide the proceeds from a bank robbery that the two will commit. This agreement is void.

Q: When there is a breach of contract, the injured party has the right to ask a court to somehow remedy the situation.

Q: The UCC is a unified set of statutes designed to govern almost all commercial transactions.

Q: Not all contracts are agreements.

Q: A person who makes an offer is called an offeree.

Q: Mutual assent involves the legal ability to make a contract.

Q: Kayla provides consideration when she gives up her right to sue in exchange for a settlement payment.

Q: Courts award punitive damages in contract cases.

Q: Equitable remedies are those that are imposed by the courts on innocent parties to prevent them from taking advantage of the breach by deliberately raising the amount of damages that the other party has to pay.

Q: When one party prevents another party from moving about freely, the first party has committed the intentional tort of false imprisonment.

Q: Duty is an obligation placed on an individual because of the law.

Q: Truth is not a defense to a defamation suit. FALSE

Q: A contract results in an obligation or a duty that can be enforced in a court of law.

Q: Capitalism is an economic system that operates on the basis of competition and a free market that responds to the movement of supply and demand.

Q: Admiralty courts were empowered to hear cases involving commercial disputes, and since the juries were made up of merchants, the law merchant was used to adjudicate the cases.

Q: A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?

Q: Jim ran a stop sign, hitting Martin's car. This makes Martin a tortfeasor.

Q: The doctrine of respondeat superior is also referred to as vicarious liability.

Q: Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway. Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.

Q: Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of the stadium. The stadium offers both screened and unscreened seats of equal quality and price. Can Baker successfully sue the stadium, the player who hit the ball, or the team the player was employed for this incident?

Q: Kevingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against Kevingrove Art Gallery.

Q: A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle based upon the contents of the trash. The trash is locked in a special building on the celebrity's property and the trash collector has a key to the building and has signed a confidentiality agreement. Is truth a defense that the journalist may assert when sued by the celebrity?

Q: Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence against Jason, who pledged that he had no intention of damaging anybody's property, and that he shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a fair decision.

Q: Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.

Q: If Jennifer, a landowner, wants Smith, a neighbor, to stop polluting a stream that flows into Jennifer's land, Jennifer should request a court to grant: A. noneconomic compensatory damages. B. economic compensatory damages. C. an injunction. D. an appeal bond.

Q: Which of the following is true of survival statute? A. It allows suits to be brought for libel after the death of a defamed person. B. It preserves the right to bring a lawsuit only if the death is caused by negligence of the defendant. C. It can only be brought by family members who have lost the support of the deceased. D. It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).

Q: Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?

Q: As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda for the prank?

Q: Bishop and Thomas had been partners and had a business disagreement that was resolved by private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his personal experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do business with and anyone doing business with Thomas could be cheated. As a result of Bishop's statements, Thomas is denied a bank loan. Discuss what Thomas can do in this situation.

Q: Which of the following is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care? A. Legal duty. B. Actual harm. C. Proximate cause. D. Breach of Duty.

Q: _____ demonstrates that the cause (the unreasonable conduct) led to the effect (the injury to the plaintiff). A. Proximate cause B. Actual cause C. Legal cause D. Foreseeable cause

Q: At the conclusion of a tort trial the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages. The jury determines the actual damages totals to $100,000. How much will the plaintiff recover under comparative negligence? A. $50,000 B. $30,000 C. $70,000 D. $100,000

Q: Contributory negligence: A. allows the injured party to recover damages from the tortfeasor. B. requires that courts assign damages according to the degree of fault of each party. C. involves the voluntary exposure of the victim to a known risk. D. completely prevents the injured party from recovering damages.

Q: Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party that Ching has a pet snake in her apartment. If the guest sues Ching for the injury resulting from the cobra bite, Ching: A. will be strictly liable. B. may defend based on assumption of risk. C. is liable only if she intentionally released the snake from its cage. D. has no liability since the incident was unforeseen by her.

Q: _____ is the communication of false and destructive information about an individual through the use of electronic devices. A. Cyberdisparagement B. Cyberinvasion C. Cyberdefamation D. Cybermining

Q: When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called: A. wrongful civil proceedings. B. malicious prosecution. C. abuse of process. D. invasion of privacy.

Q: _____ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury/loss as a result. A. Disparagement B. Invasion of privacy C. Abuse of process D. Fraud

Q: Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board. Later, when Mitch runs for the school board, a local newspaper publishes Mitch's picture next to that of the violent protestors. Mitch may: A. sue if the newspaper writes a false article with actual malice. B. sue for creating a false light. C. sue the newspaper if he is able to prove the motive of the publisher. D. sue the newspaper for both defamation and disparagement.