A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Pan files a suit against Leo in Nebraska* Regarding this suite, Nebraska ask: in ERM jurisdiction 5. Carol files a suit against Delta Corporation. + Delta responds that it appears from the pleading the parties do not dispute the facts and the only question is how the law applies to those fact. Delta support this response with witnesses; sworn statements: a motion of summary Judgment unit 2 Review: 1 . In tort law, an actor who knows the substantial certainty that certain;consequences will result from an act has intent.
TRUE 2. False imprisonment is a tort only if confinement is unjustified. TRUE 3. Mary is accused of slander. Slander includes: oral defamatory statements only 4. Leo hears Mona falsely accuse Nick of stealing from their employer. The statement Is defamatory: because Leo heard It. 5. Todd files a slut against united Medal Corporation for defamation. Actual malice must be shown for recovery of damages if Todd is: ah public figure 6. 0 Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faculty construction, Sam is sued by those injured in the collapse.
As a repressions, Sam is held to the same standard of care of: other engineers. 7. Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims that Beth was driving more carelessly than he was. Comparative negligence my reduce Beet’s recovery: even If Beth was only slightly at fault. 8. Sue writes a defamatory oracle about Tony. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be held liable for the article are Sue and: the newspaper only. 9.
Good Tire Company designs and manufacturers car and truck tires. In a product liability suit based on negligence, Good Tire could be liable for violating its duty of care with respect to : the design or the manufacture of the tires. 10. Silicon Computers manufactures hard drivers. Dave discovers that his Silicon drive is defective. Dave sues Silicon for product liability based on misrepresentation. To win, Dave must show that: Dave suffered an injury caused by the defect. Unit 3 Review: 1 . A contract Is formed when two parties promise to perform an act In the future: TRUE 2.
An advertisement Is generally an Invitation to negotiate: TRUE 3. Jill make s 4. Jill promises to pay Kyle $500 because “he does not have as much money as other people. ” Jill promise is: not enforceable because Kyle has not given consideration in return. 5. Doug, a minor, signs a contract to buy a truck from Eagle Autos by misrepresenting his age to be twenty-one. When Doug fails to make the payments, Eagle sues, and Doug tries to ad’s-affirm the contract. Doug: can return the truck and avoid any further liability. 6. Diana, en employee of Eagle Industries, is injured in a work-related accident.
Based on the diagnosis of Frank, a doctor accepts $50,000 from Eagle and waives the right to future claims. Franks diagnosis later proves to have been wrong. According to the reasoning of the court in case 10. 1, Roberts v. Century Contractors, Inc. Franks misdiagnosis+is, in terms of its impart on Din’s agreement with Eagle:; a mutual mistake of fact. 7. Sam contract to harvest Titan’s crop on August 1 . Due to bad weather, Sam cannot perform on the specified date. In this situation: the contract is suspended. 8. On April 1, OK Contractors, Inc. Contracts to build a store for Lo-Cost Jewelry a specific location in Metro City. On May 1, Metro changes its zoning laws to prohibit the construction of a commercial building at the action. Lo-Cost files a suit against OK. In this situation: the contract is discharged. 9. Carol pays Dick $10,000 for Dick to design an advertising campaign for Carol’s health club. The next day, Dick tells carol that he has accepted a Job in New York an cannot design the campaign. ;carol files a suit against dick. Carol can recover: $10,000. 10. Dan hires Eve to perform at Dawn’s Club, but Eve later breaches the agreement to accept a higher-paying Job at First Star Arena.
Dan files a suit against Eve. The court will most likely: award damages to Dan. Unit 4 Review: 01. Under the USC, a sale occurs when title passes from a seller to a buyer for a price. TRUE 2. Patents and copyrights are “property” that does;not come under Article 2. TRUE 3. Untrue Company agrees to sell computer equipment to Office Stores, Inc (SO’) for OSI to make to its customers. Their construct will be unenforceable if it does not include: the quantity of the goods. 4. United Farms offers to sell Value Bakeries, Inc. , fifty bushels of wheat. values’ representative Wendy responds, “We agree to buy fifty bushels only if the wheat is Grade A quality. “Wend’s statement is: a counteroffer. 5. Kelly offers to buy 1,000 gallons of oil from Jim for fifty cents per gallon. Jim believes Kelly offers $1 per gallon and orally agrees to the sale and+promptly ships the oil. When the parties later dispute the price in court. Jims claim of $1 and Kelly’s testimony that she offered fifty cents: support an enforceable contract for a price of fifty cents per gallon. 6. Fresh Produce, Inc. , and Great Grocery Stores dispute the interpretation of an ambiguous phrase nit heir contract.
In a suit between the parties to construe the contract, a court may accept evidence If: consistent additional terms only. 7. Sweet Produce Company contracts tit Tasty Restaurant to ship six hundred heads of lettuce in three equal installments. When the first installment arrives, ten head of lettuce are rotten. Tasty may: reject the first installment only. 8. Gamma Company contracts to provide several manufacturers with tin. A cartel of tin-producing countries embargoes future shipments of tin to Gamma so that it cannot fulfill its contracts. Gamma: is excused from the performance of its contracts. 9.
On May 1, A-Plus Auto Sales agrees to sell a car and recover any resulting damages from Bob. 10. Acme, Inc. Buys scarp metal from Beta Resources, Inc. To process and sell. Their contract provides for an annual review of the price. When the processed scrap’s market value decreases, the parties continue to ship and process the scrape and process the scrap while the review the price. During the negotiations, Acme does not pay Beta. Unable to agree on a price, Beta ends the deal, retrieves the scrap that was shipped and processed but not paid for, and sells it. According to the court’s ruling in Case 16. , Utica Alloys, Inc. V Alcoa INC. Beta is entitle to the proceeds from this sale and: the difference between the contract price and the market price for unprocessed scrap. Unit 5 Review: . State agency regulations take precedence over conflicting federal agency regulations: FALSE 2. Generally, a state court can exercise Jurisdiction over anyone within the boundaries of the state: TRUE 3. Cyberspace is its own Jurisdiction: FALSE 4. 0 Doing substantial+ business in a Jurisdiction exclusively over the Internet is not enough to support Jurisdiction over an out-of-state defendant.
