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Corporations, unlike persons, cannot be liable for crimes.
right or wrong?
Wrong.....Remember Arthur Andersen...the accounting firm?
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I am not sure about how you chareged? I have 70 question want you helo with? so could you do this?
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. :)
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 fora.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 thata.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 D3. 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 bea.assigned.b.breached.c.rescinded.d.performed.ANSWER D4. 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 bea.complete.b.substantial.c.absolute.d.material.ANSWER B5. 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 excepta.arrests without probable cause.b.unreasonable searches and seizures.c.trying someone for a criminal offense.d.excessive bail.ANSWER C6. 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 containa.the preliminary terms.b.the essential terms.c.every term.d.the qualitative terms.ANSWER B7. 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 isa.creative legal bookkeeping.b.commercial bribery.c.an effective marketing strategy.d.money laundering.ANSWER B8. 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 isa.an express contract.b.an implied-in-fact contract.c.an implied-in-law contract.d.no contract.ANSWER B9. Joy invites Ken into her apartment. Ken commits trespass to land if hea.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 D10 .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 fora.battery but not assault.b.assault but not battery.c.assault and battery.d.neither assault nor battery.ANSWER C11. 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 isa.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 A12. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard ofa.a reasonable physician.b.a blameless individual.c.a faultless ordinary person.d.a reliable professional.ANSWER A13. 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 cana.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 C14. Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only ifa.Hu has not been caught.b.the statement is puffery.c.a third party hears it.d.the statement is true.ANSWER C15. 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 ofa.cyber torts.b.product liability.c.intentional torts.d.unintentional torts.ANSWER B16. 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 isa.a delegation only.b.an assignment and a delegation.c.neither an assignment nor a delegation.d.an assignment only.ANSWER BFact Pattern 8-3Dex 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 isa.promissory estoppel.b.an accord and satisfaction.c.a covenant not to sue.d.a release.ANSWER B18. Refer to Fact Pattern 8-3. In Carmen's suit against Dex to recover her repair and medical expenses, Carmen will most likely recovera.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 B19. 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 isa.money laundering.b.no crime.c.embezzlement.d.larceny.ANSWER A20. 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 isa.strict liability.b.res ipsa loquitur.c.assumption of risk.d.negligence per se.ANSWER D21. 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 fora.more than one year.b.any period of time.c.more than ten days.d.more than six months.ANSWER A22. 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 recovera.$3,000.b.$1,000.c.$2,000.d.$0.ANSWER C23. 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 whena.sent.b.followed up by a confirmation letter sent by regular mail.c.received.d.composed on a Relay computer.DO NOT KNOW24. 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 representsa.a mitigation of damages.b.rescission and restitution.c.a breach of contract.d.specific performance.ANSWER A25. Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries toa.none of the parties.b.Evon and Gina but not Flip.c.Evon and Flip but not Gina.d.Evon, Flip, and Gina.ANSWER D26. 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 witha.a business relationship.b.a contractual relationship.c.a bargaining relationship.d.a customer relationship.ANSWER B27. Vernon claims that his contract with Ulani is voidable. If their contract is avoideda.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 A28. 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 defensea.duress.b.insanity.c.self-defense.d.entrapment.
ANSWER A29. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if hea.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 A30. 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 recovera.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 AFact Pattern 10-1Mutual 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 likelya.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 C32. 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 toa.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 A33. 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 isa.SocNet.b.Roominate.c.Oakley.d.Pierre.ANSWER C Fact Pattern 8-1Dave'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 considerationa.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 B35. 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 rulea.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 isa.a mitigation of damages clause.b.a liquidated damages clause.c.a nominal damages clause.d.a penalty clause.ANSWER B37. Vicky contracts with Warren for the delivery of hospice services to benefit Xavier. This isa.an assignment.b.a novation.c.a third party beneficiary contract.d.a delegation.ANSWER C38. 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 hada.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 A39. Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This isa.burglary.b.larceny.c.forgery.d.no crime.ANSWER B40. Ira signs Jill's name, without her authorization, on the back of a check made out to her. This isa.larceny.b.forgery.c.burglary.d.no crime.ANSWER B41. 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 bea.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 D42. 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 isa.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 B43. Eli obtains a consumer loan from First State Bank at an interest rate that exceeds the state's maximum. First State hasa.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 D44. 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 defensea.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 D45. 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 isa.a preponderance of the evidence.b.beyond all doubt.c.clear and convincing evidence.d.beyond a reasonable doubt.ANSWER D46. 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 likelya.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 D47. 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 isa.strict liability.b.assumption of risk.c.res ipsa loquitur.d.negligence per se. ANSWER A48. 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 isa.a delegatee.b.an incidental beneficiary.c.an intended beneficiary.d.an assignee.ANSWER C49. 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 isa.unenforceable.b.quasi.c.executed.d.executory.ANSWER C50. 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 ona.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 A51. 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 isa.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 withouta.a criminal act.b.the use of force or fear.c.a criminal intent.d.taking property from its owner.ANSWER B53. 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 havea.a trilateral contract.b.a unilateral contract.c.no contract.d.a bilateral contract.
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