1. For Petra to recover the benefit of her bargain from a breached contract
to buy a boat docking facility from Quayside Properties, the most appropriate remedy is (Points: 2)
2. Erte holds 1,000 pounds of perishable fruit in storage for Fresh Stuff Corporation
. Fresh Stuff does not pay for the storage. Erte sells the fruit to Green Grocers, Inc. This sale represents (Points: 2)
a breach of contract.
a mitigation of damages.
rescission and restitution.
3. Dina contracts to repair a computer for Earl for $100. If Dina does not perform, Earl must pay (Points: 2)
4. A contract between E-Debits and First Credit includes a provision excluding liability as a result of fraud. This provision is (Points: 2)
enforceable because the parties are protected from liability.
enforceable because the parties consented to it.
enforceable if the parties have equal bargaining power.
5. Xavier enters into a contract to operate a Yummy Yogurt franchise
, which Yummy agrees to support as long as Xavier maintains his business
license. Yummy's duty to perform is (Points: 2)
6. Yvon enters into a contract to manage the operations of Zack's bank for one year, renewable for subsequent one-year terms. If this contract is discharged like most contracts, it will be (Points: 2)
7. Drew contracts to sell a house to Evan. The contract provides that if Drew does not sell the house by February 10, he must pay Evan one-half of the contract price. This provision is not enforceable because it is (Points: 2)
a liquidated damages clause.
a material breach.
a mitigation of damages.
a penalty clause.
8. On May 1, Cy's Auto Sales agrees to sell a car to Dino. Five days later, Dino refuses delivery and cancels the contract. Cy's is entitled to (Points: 2)
force Dino to accept the car.
recover any damages from Dino but not resell the car.
resell the car and recover any damages from Dino.
resell the car but not recover any damages from Dino.
9. The Government in the Sunshine Act relates to (Points: 2)
environmental laws within the U.S.
global environmental laws.
public disclosure of meetings.
the prohibition of government officials from tanning.
10. Which one of the following is an example of a street crime? (Points: 2)
11. Nevada has just passed a statute that conflicts with the U.S. Constitution. Which one takes priority, and why? (Points: 2)
Nevada's statute because states are sovereign.
The U.S. Constitution because the U.S. is a democracy.
Nevada's statute because the U.S. is a democracy.
The U.S. Constitution because of the Supremacy Clause.
12. Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain (Points: 2)
a decree of specific performance.
13. Jill Vasquez is an appellate court judge. In this capacity, she establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by (Points: 2)
courts of lower rank only.
that court and courts of lower rank.
that court only.
14. The authority of a federal court to hear a dispute comes from (Points: 2)
Article III of the U.S. Constitution.
a writ of mandamus.
a writ of certiorari.
15. Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to (Points: 2)
Retail, Sid, or Tod.
Sid or Tod only.