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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 46137
Experience:  32 years of experience practicing law and a businessman.
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Corporations, unlike persons, cannot be liable for crimes.

Customer Question

Corporations, unlike persons, cannot be liable for crimes.
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard replied 2 years ago.
Good evening. What is your question? Thanks.
Customer: replied 2 years ago.

Corporations, unlike persons, cannot be liable for crimes.

right or wrong?

Expert:  Richard replied 2 years ago.

Wrong.....Remember Arthur Andersen...the accounting firm?



I hope this has given you information that has been helpful to you. I wish you the best of luck!



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Please be aware that
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been helpful to you.





Richard, Attorney
Category: Business Law
Satisfied Customers: 46137
Experience: 32 years of experience practicing law and a businessman.
Richard and 9 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

I am not sure about how you chareged? I have 70 question want you helo with? so could you do this?

Expert:  Richard replied 2 years ago.
You should sign up for the subscription so you can ask multiple questions.
Customer: replied 2 years ago.
so could you help me check my quiz answer, if it wrong, then tell me why. Thanks very much.
Expert:  Richard replied 2 years ago.
I can help you....but they are each separate questions...that's why you should sign up for a subscription so you don't get charged for 70 different answers.
Customer: replied 2 years ago.
I think I signed unlimited subscription, the charge will be 50? or ?

this is the e-mail I got.

Hello,

Congratulations! You now have 24/7 access to your own personal team of thousands of real Lawyers, Doctors, Mechanics, Vets, Techs and more.

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Expert:  Richard replied 2 years ago.
Yes...that's correct...you pay one time; but you can then accept after each answer so you don't pay more; and I get credit from JA.
Customer: replied 2 years ago.
so I need to push the accept answer button. is that right?
Expert:  Richard replied 2 years ago.
Yes...but not for me explaining how this works...;) only when I answer your legal questions.
Customer: replied 2 years ago.
ok, however, I got unlimited, it still just charge me 50 per month, right?
Expert:  Richard replied 2 years ago.
That's correct.
Customer: replied 2 years ago.
T/F if I am wrong please tell me why. I am a international student, so law is so difficult for me. Thanks for you help.

1. If a voidable contract is avoided, the parties to it are released from it.

2.Misrepresentation of an opinion is an element of fraud.

3. A release does not require consideration to be legally binding.

4. Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted.

5. An e-contract must meet the same basic requirements as a paper contract.

6. Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

7. Reformation allows a court to rewrite a contract to reflect the parties' true intentions.

8. All mistakes of fact are material.

9. An offer to form a bilateral contract is accepted only by completing the contract performance.

10.It is not a crime to defraud the public through the use of ads on television.

11. After a contract is made, an unforeseen event may make performance impossible and discharge the contract.

12.An "assignment of all rights" absolves the assignor of all liability under the contract that created the rights.

13. A mistake of fact can be a defense to criminal liability.

14. "Consideration" refers to the genuine assent of all of the parties to a contract.

15. Only private attorneys prosecute criminal defendants.

16. To be enforceable, a contract for a sale of goods priced at $50 or more must be in writing.

17. One of the requirements of a valid contract is its acceptance.

18. Thinking about killing someone constitutes the crime of attempted murder.

19. Specific performance is the remedy customarily used when one party has breached a contract for personal services.

20. Defamation is one person's use of another's name without permission.

21. Damages are designed to punish a breaching party and deter others from similar conduct.

22. A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

23. Compensatory damages compensate the nonbreaching party for injuries or damages sustained by that party.

24. A contract involving a sale is the only contract relating to an interest in land that must be in writing to be enforceable.

25. A severable contract is unenforceable as a violation of public policy.

TFTFF FFTTT TFFTT TFTFF TFTFF
Expert:  Richard replied 2 years ago.

5) I believe this is going to be true......you must have the same elements so that it can be certain there is a full accord and satisfaction.

6) I believe this is true....was the act the "proximate cause" of the injury? If yes, then there can be liability; if no, then there is not the needed connection.

7) True...because a court does reform the contract when the parties have made a mistake.

8) Mistakes do not need to be material...a mistake of fact can be a mistake in the price...if off by $1 it's not material; if off by $1,000,000, it's material...both are mistakes of fact.

9) I don't know this one.

14) False...consideration is the concept that each person must be putting something up under the contract.

15) False...only public prosecutors can prosecute crimes; private attorneys cannot

16) False...when you buy a TV or coffee maker, do you sign a written contract?

17) True...must have accord and satisfaction...so this is acceptance.

18) False...there must be an actual act; if thinking did it...everyone would be in prison

21) False...damages are for the purpose of compensating the othe party for their loss.

22) True...think of self defense.

Going forward....one question per response...it's too hard to go through them and check the bottom of the page...plus I end up answering 23 question for only one accept...that's not fair to me. :)

Customer: replied 2 years ago.
lol but it save our time I think, I can do one by one, if you want do that. Because I am not sure how they pay you, so it up to you. I am happy do either way you want
Expert:  Richard replied 2 years ago.
Post them one at a time and I can answer them more quickly
Customer: replied 2 years ago.
After that, it done. I am still wiring on it, so please take your time and I will check my answer. By the way, The tip will go direct to you account, right? I would like to do it, you help me a lot.





1. Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for
a.
false imprisonment.
b.
intentional infliction of emotional distress.
c.
assault and battery.
d.
none of these choices.


 
2. Ralph offers to sell Sophie, who is seventeen years of age, a car about which Ralph intentionally misrepresents several material facts. In reliance on the misrepresentations, Sophie buys the car. To prove fraud in this transaction, Sophie would have to show that
a.
Sophie is under eighteen years of age.
b.
Sophie does not know anything about cars.
c.
Ralph made statements that were obviously exaggerated.
d.
Ralph intentionally deceived Sophie.

3. Lon enters into a contract to mine limestone in Mica's quarry, sell it, and share the profits on its sale with Mica. If the duties under this contract are discharged like those under most contracts, the duties will be
a.
assigned.
b.
breached.
c.
rescinded.
d.
performed.

4. Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be
a.
complete.
b.
substantial.
c.
absolute.
d.
material.

5. Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob's bail, as required by a state statute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
a.
arrests without probable cause.
b.
unreasonable searches and seizures.
c.
trying someone for a criminal offense.
d.
excessive bail.

6. Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain
a.
the preliminary terms.
b.
the essential terms.
c.
every term.
d.
the qualitative terms.

7. Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic's competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is
a.
creative legal bookkeeping.
b.
commercial bribery.
c.
an effective marketing strategy.
d.
money laundering.

8. When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Loyal Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is
a.
an express contract.
b.
an implied-in-fact contract.
c.
an implied-in-law contract.
d.
no contract.

9. Joy invites Ken into her apartment. Ken commits trespass to land if he
a.
makes disparaging remarks about Joy to others.
b.
enters the apartment with fraudulent intent.
c.
harms the apartment in any way.
d.
refuses to leave when Joy asks him to go.

10 .Louis¾larger and stronger than Mica¾threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for
a.
battery but not assault.
b.
assault but not battery.
c.
assault and battery.
d.
neither assault nor battery.

11. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is
a.
not fraud.
b.
fraud if Jim believes that this statement is not true.
c.
fraud if Jim is stating his opinion, not the facts.
d.
fraud if the statement is the truth.

12. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
a.
a reasonable physician.
b.
a blameless individual.
c.
a faultless ordinary person.
d.
a reliable professional.

13. Gina induces Hugh to enter into a contract for the purchase of a condominium about which Gina knowingly misrepresents a number of material features. When Hugh discovers the truth, he can
a.
not rescind the contract.
b.
rescind the contract on the basis of mistake.
c.
rescind the contract on the basis of fraud.
d.
rescind the contract on the basis of undue influence.

14. Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if
a.
Hu has not been caught.
b.
the statement is puffery.
c.
a third party hears it.
d.
the statement is true.

15. Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of
a.
cyber torts.
b.
product liability.
c.
intentional torts.
d.
unintentional torts.

16. Frank and AgriShip, Inc., enter into a contract for AgriShip to transport a silo of soybeans for which Frank agrees to pay. When AgriShip's schedule conflicts, the firm contacts Hybrid Transport Company, to which AgriShip "assigns all rights under the contract." This transfer is
a.
a delegation only.
b.
an assignment and a delegation.
c.
neither an assignment nor a delegation.
d.
an assignment only.

Fact Pattern 8-3
Dex and Carmen are in an auto accident. Dex offers Carmen $2,000 if she promises not to pursue her potential legal claim against Dex. Carmen agrees. Later, Carmen discovers that it will cost $1,500 to repair her car and $4,000 to cover the medical expenses for a latent injury.

17. Refer to Fact Pattern 8-3. The agreement between Dex and Carmen is
a.
promissory estoppel.
b.
an accord and satisfaction.
c.
a covenant not to sue.
d.
a release.

18. Refer to Fact Pattern 8-3. In Carmen's suit against Dex to recover her repair and medical expenses, Carmen will most likely recover
a.
the estimated amount to pay those costs and any other liability.
b.
nothing.
c.
the exact amount to pay those costs and no more.
d.
half the amount to pay the costs over what Dex already paid Carmen.

19. Rick manages an illegal gambling operation in his Sushi Bar & Grill. Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns. This is
a.
money laundering.
b.
no crime.
c.
embezzlement.
d.
larceny.

20. George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is
a.
strict liability.
b.
res ipsa loquitur.
c.
assumption of risk.
d.
negligence per se.

21. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for
a.
more than one year.
b.
any period of time.
c.
more than ten days.
d.
more than six months.

22. Kris contracts to work exclusively for Little Manufacturing Company during May for $5,000. On April 30, Little cancels the contract. Kris finds another job during May but earns only $3,000. Kris files a suit against Little. As compensatory damages, Kris can recover
a.
$3,000.
b.
$1,000.
c.
$2,000.
d.
$0.

23. Shelby offers to make digital copies of Relay Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay's acceptance by e-mail will be considered effective when
a.
sent.
b.
followed up by a confirmation letter sent by regular mail.
c.
received.
d.
composed on a Relay computer.

24. Earl holds 1,000 pounds of perishable fruit in storage for Fresh Food Corporation. Fresh Food does not pay for the storage. Earl sells the fruit to Green Grocers, Inc. This sale represents
a.
a mitigation of damages.
b.
rescission and restitution.
c.
a breach of contract.
d.
specific performance.

25. Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to
a.
none of the parties.
b.
Evon and Gina but not Flip.
c.
Evon and Flip but not Gina.
d.
Evon, Flip, and Gina.

26. Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with
a.
a business relationship.
b.
a contractual relationship.
c.
a bargaining relationship.
d.
a customer relationship.

27. Vernon claims that his contract with Ulani is voidable. If their contract is avoided
a.
both parties are released from it.
b.
a wholly different contract is imposed "as if" the parties had agreed.
c.
a wholly different contract is agreed to.
d.
both parties must fully perform their obligations under it.

28. Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense
a.
duress.
b.
insanity.
c.
self-defense.
d.
entrapment.

29. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he
a.
does not have Bella's permission to drive on the property.
b.
drives onto the property for recreational purposes.
c.
harms the property in any way.
d.
harms the property in a material way.

30. Rite Contractors, Inc., agrees to build a motel for Sleep Inn Corporation. The project proceeds according to plan, but before it is done, Sleep tells Rite to quit. Rite may recover
a.
profits plus the costs incurred up to the time of the breach.
b.
the contract price.
c.
the contract price less costs of materials and labor.
d.
the costs needed to complete construction.

Fact Pattern 10-1
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments.

31. Refer to Fact Pattern 10-1. With respect to Mutual's duties, Neil's performance most likely
a.
has no effect on Mutual's performance.
b.
increases Mutual's duties under the contract.
c.
suspends Mutual's duty to perform.
d.
discharges Mutual from the contract.

32. On behalf of the rock group Uno, their manager Thalia agrees to a performance in Seaside Amphitheatre on July 4. Rex, acting for Seaside Productions, sends a written copy of the agreement to Thalia to be signed. Typically, businesspersons put their contracts in writing to
a.
ensure proof of the contracts' existence.
b.
practice their "letters of credit."
c.
obtain a check or other negotiable instrument.
d.
create substance from form.

33. Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is
a.
SocNet.
b.
Roominate.
c.
Oakley.
d.
Pierre.


 
Fact Pattern 8-1
Dave's Hobby Town and Eva's Yarn Shoppe are adjacent stores with adjoining parking lots. Dave offers Eva a discount on purchases from Dave's store if Eva will not tow the cars of Dave's customers who park in Eva's lot.

34. Refer to Fact Pattern 8-1. Eva's forbearance from towing is legally sufficient consideration
a.
only if Dave's customers park in Eva's lot.
b.
because it is a promise of something of value.
c.
only if Eva's customers cannot park in her lot because it is full.
d.
under no circumstances.

35. Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule
a.
certain parties to a criminal action may be excluded from a trial.
b.
certain Bayside records are excluded from subpoena.
c.
illegally obtained evidence must be excluded from a trial.
d.
persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

 
36. Home Delivery Corporation and Interstate Transport, Inc., sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to estimate but approximately $1,000." This is
a.
a mitigation of damages clause.
b.
a liquidated damages clause.
c.
a nominal damages clause.
d.
a penalty clause.

37. Vicky contracts with Warren for the delivery of hospice services to benefit Xavier. This is
a.
an assignment.
b.
a novation.
c.
a third party beneficiary contract.
d.
a delegation.

38. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had
a.
a unilateral contract as soon as Outdoor began to perform.
b.
no contract.
c.
a quasi contract when Neil said that he would pay for certain work.
d.
an expired contract when Neil said that he had changed his mind.

39. Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is
a.
burglary.
b.
larceny.
c.
forgery.
d.
no crime.

40. Ira signs Jill's name, without her authorization, on the back of a check made out to her. This is
a.
larceny.
b.
forgery.
c.
burglary.
d.
no crime.

41. Les is indicted. Madge, the arresting officer, advises Les of his right to counsel. Les waives the right and confesses to the crime. Later, Les claims that his confession should be excluded as evidence from his trial. The statement will most likely be
a.
excluded because a confession is not admissible in a criminal trial.
b.
excluded because it was elicited before Les was advised of his rights.
c.
admitted because Les knew he did the crime and confessed.
d.
admitted because Les made it after being advised of his rights.

42. Baked Goods Company agrees to supply Comida Café with all the corn chips that it requires for a year. A sudden demand for ethanol results in a shortage of corn, and the price rises sharply. Baked Goods asks Comida to pay a higher price for the chips. This request is
a.
invalid under the preexisting duty rule.
b.
valid due to the unforeseen difficulty of the sudden price increase.
c.
valid as a risk ordinarily assumed in business.
d.
invalid as an attempt at extortion or the so-called holdup game.

43. Eli obtains a consumer loan from First State Bank at an interest rate that exceeds the state's maximum. First State has
a.
calculated the optimum rate that the market will bear.
b.
underestimated the risk of the loan's nonpayment.
c.
engaged in a restraint of trade.
d.
violated the usury laws.

44. Yvon is charged with the crime of theft for taking Zach's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense
a.
if the perpetrator was intoxicated.
b.
if the fact was not reasonably made known to the public.
c.
under any circumstances.
d.
if the mistake negates the mental state necessary to commit a crime.

45. Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
a.
a preponderance of the evidence.
b.
beyond all doubt.
c.
clear and convincing evidence.
d.
beyond a reasonable doubt.

46. Dino hires Eve to perform at Dino's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dino files a suit against Eve. The court will most likely
a.
reform Dino and Eve's contract.
b.
order Eve to perform the contract.
c.
cancel Dino and Eve's contract.
d.
award damages to Dino.

47. A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is
a.
strict liability.
b.
assumption of risk.
c.
res ipsa loquitur.
d.
negligence per se.

 
48. Esther and Faisal agree that Esther will fix Faisal's car in exchange for his paying a preexisting debt owed by Esther to Gladys. Gladys is
a.
a delegatee.
b.
an incidental beneficiary.
c.
an intended beneficiary.
d.
an assignee.

49. Cole drives into Dino's Service Station and asks Erin, the attendant, to fill the tank in Cole's hybrid vehicle. After Erin fills the tank, but before Cole pays for the gas, any contract between Cole and Dino's is
a.
unenforceable.
b.
quasi.
c.
executed.
d.
executory.

50. On Tom's eighteenth birthday, he decides that he no longer wants to keep a car he bought from Select Autos, when he was seventeen. His right to disaffirm the deal will depend on
a.
whether Select has the right to disaffirm.
b.
the car's current condition.
c.
whether Tom acts within a reasonable period of time.
d.
the car's condition when Tom bought it.
















51. Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form that includes, near the blanks for their signatures, the word "seal." This is
a.
no contract.
b.
a social contract.
c.
an informal contract.
d.
a formal contract.

 
52. Jake is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without
a.
a criminal act.
b.
the use of force or fear.
c.
a criminal intent.
d.
taking property from its owner.

53. Clay offers to pay Dot $50 for a golf lesson for Eula. They agree to meet the day after tomorrow to exchange the cash for the lesson. These parties have
a.
a trilateral contract.
b.
a unilateral contract.
c.
no contract.
d.
a bilateral contract.
Expert:  Richard replied 2 years ago.

1. Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for
a.
false imprisonment.
b.
intentional infliction of emotional distress.
c.
assault and battery.
d.
none of these choices.
Answer: D


2. Ralph offers to sell Sophie, who is seventeen years of age, a car about which Ralph intentionally misrepresents several material facts. In reliance on the misrepresentations, Sophie buys the car. To prove fraud in this transaction, Sophie would have to show that
a.
Sophie is under eighteen years of age.
b.
Sophie does not know anything about cars.
c.
Ralph made statements that were obviously exaggerated.
d.
Ralph intentionally deceived Sophie.
ANSWER D
3. Lon enters into a contract to mine limestone in Mica's quarry, sell it, and share the profits on its sale with Mica. If the duties under this contract are discharged like those under most contracts, the duties will be
a.
assigned.
b.
breached.
c.
rescinded.
d.
performed.
ANSWER D
4. Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be
a.
complete.
b.
substantial.
c.
absolute.
d.
material.
ANSWER B
5. Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob's bail, as required by a state statute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
a.
arrests without probable cause.
b.
unreasonable searches and seizures.
c.
trying someone for a criminal offense.
d.
excessive bail.
ANSWER C
6. Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain
a.
the preliminary terms.
b.
the essential terms.
c.
every term.
d.
the qualitative terms.
ANSWER B
7. Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic's competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is
a.
creative legal bookkeeping.
b.
commercial bribery.
c.
an effective marketing strategy.
d.
money laundering.
ANSWER B
8. When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Loyal Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is
a.
an express contract.
b.
an implied-in-fact contract.
c.
an implied-in-law contract.
d.
no contract.
ANSWER B
9. Joy invites Ken into her apartment. Ken commits trespass to land if he
a.
makes disparaging remarks about Joy to others.
b.
enters the apartment with fraudulent intent.
c.
harms the apartment in any way.
d.
refuses to leave when Joy asks him to go.
ANSWER D
10 .Louis¾larger and stronger than Mica¾threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for
a.
battery but not assault.
b.
assault but not battery.
c.
assault and battery.
d.
neither assault nor battery.
ANSWER C
11. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is
a.
not fraud.
b.
fraud if Jim believes that this statement is not true.
c.
fraud if Jim is stating his opinion, not the facts.
d.
fraud if the statement is the truth.
ANSWER A
12. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
a.
a reasonable physician.
b.
a blameless individual.
c.
a faultless ordinary person.
d.
a reliable professional.
ANSWER A
13. Gina induces Hugh to enter into a contract for the purchase of a condominium about which Gina knowingly misrepresents a number of material features. When Hugh discovers the truth, he can
a.
not rescind the contract.
b.
rescind the contract on the basis of mistake.
c.
rescind the contract on the basis of fraud.
d.
rescind the contract on the basis of undue influence.
ANSWER C
14. Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if
a.
Hu has not been caught.
b.
the statement is puffery.
c.
a third party hears it.
d.
the statement is true.
ANSWER C
15. Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of
a.
cyber torts.
b.
product liability.
c.
intentional torts.
d.
unintentional torts.
ANSWER B
16. Frank and AgriShip, Inc., enter into a contract for AgriShip to transport a silo of soybeans for which Frank agrees to pay. When AgriShip's schedule conflicts, the firm contacts Hybrid Transport Company, to which AgriShip "assigns all rights under the contract." This transfer is
a.
a delegation only.
b.
an assignment and a delegation.
c.
neither an assignment nor a delegation.
d.
an assignment only.
ANSWER B
Fact Pattern 8-3
Dex and Carmen are in an auto accident. Dex offers Carmen $2,000 if she promises not to pursue her potential legal claim against Dex. Carmen agrees. Later, Carmen discovers that it will cost $1,500 to repair her car and $4,000 to cover the medical expenses for a latent injury.

17. Refer to Fact Pattern 8-3. The agreement between Dex and Carmen is
a.
promissory estoppel.
b.
an accord and satisfaction.
c.
a covenant not to sue.
d.
a release.
ANSWER B
18. Refer to Fact Pattern 8-3. In Carmen's suit against Dex to recover her repair and medical expenses, Carmen will most likely recover
a.
the estimated amount to pay those costs and any other liability.
b.
nothing.
c.
the exact amount to pay those costs and no more.
d.
half the amount to pay the costs over what Dex already paid Carmen.
ANSWER B
19. Rick manages an illegal gambling operation in his Sushi Bar & Grill. Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns. This is
a.
money laundering.
b.
no crime.
c.
embezzlement.
d.
larceny.
ANSWER A
20. George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is
a.
strict liability.
b.
res ipsa loquitur.
c.
assumption of risk.
d.
negligence per se.
ANSWER D
21. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for
a.
more than one year.
b.
any period of time.
c.
more than ten days.
d.
more than six months.
ANSWER A
22. Kris contracts to work exclusively for Little Manufacturing Company during May for $5,000. On April 30, Little cancels the contract. Kris finds another job during May but earns only $3,000. Kris files a suit against Little. As compensatory damages, Kris can recover
a.
$3,000.
b.
$1,000.
c.
$2,000.
d.
$0.
ANSWER C
23. Shelby offers to make digital copies of Relay Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay's acceptance by e-mail will be considered effective when
a.
sent.
b.
followed up by a confirmation letter sent by regular mail.
c.
received.
d.
composed on a Relay computer.
DO NOT KNOW
24. Earl holds 1,000 pounds of perishable fruit in storage for Fresh Food Corporation. Fresh Food does not pay for the storage. Earl sells the fruit to Green Grocers, Inc. This sale represents
a.
a mitigation of damages.
b.
rescission and restitution.
c.
a breach of contract.
d.
specific performance.
ANSWER A
25. Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to
a.
none of the parties.
b.
Evon and Gina but not Flip.
c.
Evon and Flip but not Gina.
d.
Evon, Flip, and Gina.
ANSWER D
26. Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with
a.
a business relationship.
b.
a contractual relationship.
c.
a bargaining relationship.
d.
a customer relationship.
ANSWER B
27. Vernon claims that his contract with Ulani is voidable. If their contract is avoided
a.
both parties are released from it.
b.
a wholly different contract is imposed "as if" the parties had agreed.
c.
a wholly different contract is agreed to.
d.
both parties must fully perform their obligations under it.
ANSWER A
28. Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense
a.
duress.
b.
insanity.
c.
self-defense.
d.
entrapment.

ANSWER A

29. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he
a.
does not have Bella's permission to drive on the property.
b.
drives onto the property for recreational purposes.
c.
harms the property in any way.
d.
harms the property in a material way.
ANSWER A
30. Rite Contractors, Inc., agrees to build a motel for Sleep Inn Corporation. The project proceeds according to plan, but before it is done, Sleep tells Rite to quit. Rite may recover
a.
profits plus the costs incurred up to the time of the breach.
b.
the contract price.
c.
the contract price less costs of materials and labor.
d.
the costs needed to complete construction.
ANSWER A
Fact Pattern 10-1
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments.

31. Refer to Fact Pattern 10-1. With respect to Mutual's duties, Neil's performance most likely
a.
has no effect on Mutual's performance.
b.
increases Mutual's duties under the contract.
c.
suspends Mutual's duty to perform.
d.
discharges Mutual from the contract.
ANSWER C
32. On behalf of the rock group Uno, their manager Thalia agrees to a performance in Seaside Amphitheatre on July 4. Rex, acting for Seaside Productions, sends a written copy of the agreement to Thalia to be signed. Typically, businesspersons put their contracts in writing to
a.
ensure proof of the contracts' existence.
b.
practice their "letters of credit."
c.
obtain a check or other negotiable instrument.
d.
create substance from form.
ANSWER A
33. Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is
a.
SocNet.
b.
Roominate.
c.
Oakley.
d.
Pierre.

ANSWER C

Fact Pattern 8-1
Dave's Hobby Town and Eva's Yarn Shoppe are adjacent stores with adjoining parking lots. Dave offers Eva a discount on purchases from Dave's store if Eva will not tow the cars of Dave's customers who park in Eva's lot.

34. Refer to Fact Pattern 8-1. Eva's forbearance from towing is legally sufficient consideration
a.
only if Dave's customers park in Eva's lot.
b.
because it is a promise of something of value.
c.
only if Eva's customers cannot park in her lot because it is full.
d.
under no circumstances.
ANSWER B
35. Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule
a.
certain parties to a criminal action may be excluded from a trial.
b.
certain Bayside records are excluded from subpoena.
c.
illegally obtained evidence must be excluded from a trial.
d.
persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.
ANSWER C

36. Home Delivery Corporation and Interstate Transport, Inc., sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to estimate but approximately $1,000." This is
a.
a mitigation of damages clause.
b.
a liquidated damages clause.
c.
a nominal damages clause.
d.
a penalty clause.
ANSWER B
37. Vicky contracts with Warren for the delivery of hospice services to benefit Xavier. This is
a.
an assignment.
b.
a novation.
c.
a third party beneficiary contract.
d.
a delegation.
ANSWER C
38. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had
a.
a unilateral contract as soon as Outdoor began to perform.
b.
no contract.
c.
a quasi contract when Neil said that he would pay for certain work.
d.
an expired contract when Neil said that he had changed his mind.
ANSWER A
39. Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is
a.
burglary.
b.
larceny.
c.
forgery.
d.
no crime.
ANSWER B
40. Ira signs Jill's name, without her authorization, on the back of a check made out to her. This is
a.
larceny.
b.
forgery.
c.
burglary.
d.
no crime.
ANSWER B
41. Les is indicted. Madge, the arresting officer, advises Les of his right to counsel. Les waives the right and confesses to the crime. Later, Les claims that his confession should be excluded as evidence from his trial. The statement will most likely be
a.
excluded because a confession is not admissible in a criminal trial.
b.
excluded because it was elicited before Les was advised of his rights.
c.
admitted because Les knew he did the crime and confessed.
d.
admitted because Les made it after being advised of his rights.
ANSWER D
42. Baked Goods Company agrees to supply Comida Café with all the corn chips that it requires for a year. A sudden demand for ethanol results in a shortage of corn, and the price rises sharply. Baked Goods asks Comida to pay a higher price for the chips. This request is
a.
invalid under the preexisting duty rule.
b.
valid due to the unforeseen difficulty of the sudden price increase.
c.
valid as a risk ordinarily assumed in business.
d.
invalid as an attempt at extortion or the so-called holdup game.
ANSWER B
43. Eli obtains a consumer loan from First State Bank at an interest rate that exceeds the state's maximum. First State has
a.
calculated the optimum rate that the market will bear.
b.
underestimated the risk of the loan's nonpayment.
c.
engaged in a restraint of trade.
d.
violated the usury laws.
ANSWER D
44. Yvon is charged with the crime of theft for taking Zach's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense
a.
if the perpetrator was intoxicated.
b.
if the fact was not reasonably made known to the public.
c.
under any circumstances.
d.
if the mistake negates the mental state necessary to commit a crime.
ANSWER D
45. Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
a.
a preponderance of the evidence.
b.
beyond all doubt.
c.
clear and convincing evidence.
d.
beyond a reasonable doubt.
ANSWER D
46. Dino hires Eve to perform at Dino's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dino files a suit against Eve. The court will most likely
a.
reform Dino and Eve's contract.
b.
order Eve to perform the contract.
c.
cancel Dino and Eve's contract.
d.
award damages to Dino.
ANSWER D
47. A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is
a.
strict liability.
b.
assumption of risk.
c.
res ipsa loquitur.
d.
negligence per se.

ANSWER A
48. Esther and Faisal agree that Esther will fix Faisal's car in exchange for his paying a preexisting debt owed by Esther to Gladys. Gladys is
a.
a delegatee.
b.
an incidental beneficiary.
c.
an intended beneficiary.
d.
an assignee.
ANSWER C
49. Cole drives into Dino's Service Station and asks Erin, the attendant, to fill the tank in Cole's hybrid vehicle. After Erin fills the tank, but before Cole pays for the gas, any contract between Cole and Dino's is
a.
unenforceable.
b.
quasi.
c.
executed.
d.
executory.
ANSWER C
50. On Tom's eighteenth birthday, he decides that he no longer wants to keep a car he bought from Select Autos, when he was seventeen. His right to disaffirm the deal will depend on
a.
whether Select has the right to disaffirm.
b.
the car's current condition.
c.
whether Tom acts within a reasonable period of time.
d.
the car's condition when Tom bought it.
ANSWER A















51. Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form that includes, near the blanks for their signatures, the word "seal." This is
a.
no contract.
b.
a social contract.
c.
an informal contract.
d.
a formal contract.
ANSWER D

52. Jake is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without
a.
a criminal act.
b.
the use of force or fear.
c.
a criminal intent.
d.
taking property from its owner.
ANSWER B
53. Clay offers to pay Dot $50 for a golf lesson for Eula. They agree to meet the day after tomorrow to exchange the cash for the lesson. These parties have
a.
a trilateral contract.
b.
a unilateral contract.
c.
no contract.
d.
a bilateral contract.

Customer: replied 2 years ago.
I just done the rest of question, thanks very much, have a good night, sir.
Expert:  Richard replied 2 years ago.

You're welcome

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