Good Morning Wendy,Thank you for directing your questions to me. I appreciate your loyalty. What is your deadline?
You're welcome. I really appreciate your patience and diligence in helping answer my questions. My deadline is Wednesday.
Perfect – I will post the answers later today
These were cut off
The court’s decision in U.S. v. Peterson
was in agreement with the common law self-defense rule of “retreat to the wall.”
strictly adhered to the majority rule that a defendant may stand his ground and use deadly force whenever it seems reasonably necessary to save himself.
rejected the “castle” doctrine in its entirety.
relied on the principle that the “castle” doctrine may only be invoked by one who is without fault in bringing the conflict on.
he court in Bishop v. State decided that
A property owner is justified in taking a life with a mechanical device if the dwelling has previously been broken into.
Taking a life with a mechanical device is every property owner’s right to protect his property.
Allowing persons to employ deadly mechanical devices imperils the lives of children.
Mechanical devices are fair because they are without judgment or discretion.
In order for one to be entitled to use force in self-defense against an assailant, it is necessary that the assailant’s force be
Which of the following is correct regarding the amount of force one may use in self-defense?
One may always use deadly force in self defense if the assailant is larger than the defendant.
The defendant must have a reasonable belief in the necessity of using force to prevent harm to himself.
The defendant’s belief in the need to use force may not be a mistaken belief.
The defendant may only use deadly force against an armed assailant.
In which of the following cases did the court decide that as to the defendant’s right to use force in self-defense there is no reason to make a distinction between cases in which the assailant is an intruder in the defendant’s home and those where the assailant is a co-habitant of the home?
State v. Bonano
People v. Townes
Commonwealth v. Cataldo
State v. Thomas
A majority of jurisdictions hold that:
A defender need not retreat when he reasonably believes the assailant will kill or inflict serious bodily harm to the defender.
A defender must retreat even in his home or business if he can do so safely.
A defender never needs to retreat.
A defender must retreat if the assailant does not have a weapon.
Which of the following is incorrect regarding the defense of another?
The defender must reasonably believe that the other is in immediate danger of unlawful bodily harm.
The defender must stand in a personal relationship to the one in need of protection.
The defender may not use more force than he reasonably believes necessary to relieve the risk of harm.
The “alter ego” rule holds that the right to defend another is coextensive with the other’s right to defend himself.
Which of the following is NOT an element of misrepresentation?
False statement of opinion.
Based upon the reading of the Austin Instrument, Inc. v. Loral Corp. case, which of the following is true?
The principal finding is that ordinary remedies for breach of contract did not insulate Loral from compulsion to comply with Austin’s demands.
A wrongful threat to breach an agreement by withholding goods is not sufficient to establish economic duress.
Duress was present because the plaintiff was greatly influenced by defendant’s wrongful threat.
The existence of economic duress is not demonstrated by proof that immediate possession of needful goods is threatened.
Based upon the reading of the Francois v. Francois case, which of the following is true regarding undue influence?
The court found that the element of confidential relationship did not exist.
The proper inquiry is only whether persuasion induced the transaction.
The terms of the agreement were fair.
It is not a concept susceptible of a uniform definition.
In which of the following situations would a statement of opinion be least likely to establish the defense of misrepresentation?”
Where the representor is a lay person.
Where there is a position of trust and confidence between the parties.
Where the representor has superior access to knowledge of facts making the opinion false.
Where the opinion intentionally varies so far from reality that no reasonable person in the representor’s position could have such an opinion.
Regarding mistake of law and mistake in performance by overpayment, which of the following statement is true?
A contracting party’s ignorance of the applicable law provides no basis for relief from conduct engaged in due to that mistake.
When an enforceable contract exists and one party pays money to the other party under the mistaken belief that the payment is required by the contract, the payment can be recovered.
There is no basis for relief when a party’s conduct is based on their own negligence and their mistake is unilateral.
An exception to the mistake in performance rule is recognized and restitution is available if a person mistakenly pays an unenforceable debt under a sense of moral obligation.
Which of the following characteristics of undue influence where no confidential relationship exists between the parties was present in Methodist Mission Home of Texas v. N A B?
Insistent demand that the business be finished at once.
Discussion of the transaction at an unusual or inappropriate time.
Statements by the influencer that there is no time to consult financial advisers or attorneys.
The use of multiple persuaders by the dominant side against a single servient party
Which of the following statements is true regarding reformation?
Regarding to a court’s degree for reformation, such court may not impose such conditions as it deems equitable.
Ratification can terminate the right to reformation.
The Statute of Frauds applies to actions for reformation.
The defenses of unclean hands and laches are not applicable to a claim for reformation.
Based upon the reading of the Gallon v. Lloyd-Thomas Co. case, which of the following is true?
The conduct and actions of the defendant in the case were not sufficient to establish duress.
A contract entered into as a result of duress is void.
An essential element in the doctrine of ratification is generally conduct rather than intention.
A contract entered into under duress is voidable but can be subsequently ratified.
Based upon the reading of the Cousineau v. Walker case, which of the following statements is true?
The doctrine of caveat emptor was used.
The test for materiality in a case dealing with misrepresentation is that of the reasonable person.
Rescission is not a proper remedy for misrepresentation.
Mere reliance on a misstatement is a proper element of misrepresentation
Based upon the reading of the Nelson v. Rice case which of the following statements is a correct statement of the law of mistake?
Where there is a mutual mistake, the party with the most to gain from the transaction bears the burden of proving the mistake.
Where there is mutual mistake, the party who knows he has only limited knowledge, but treats that limited knowledge as sufficient, bears the risk of the mistake.
Where there is mutual mistake, the contract must be rescinded.
Where there is mutual mistake causing an unconscionable result, the contract must be rescinded.
Regarding reformation for mistake, which of the following statements is not true?
Where a contract does not reflect the actual agreement of the parties, a court cannot reform the contract to reflect its actual agreement.
One requisite for reformation on grounds of mistake is a variance between the prior agreement and the record.
One requisite for reformation on grounds of mistake is that there must be an actual agreement between the parties.
One requisite for reformation on grounds of mistake is there must be an agreement to put the agreement into a record.
Regarding unilateral mistake, which of the following statements is true?
Avoidance of the contract is an action brought by the non-mistaken party.
Avoidance of the contract is allowed for mistake in judgment.
Avoidance of the contract is allowed where the contract is oppressive and there is no substantial hardship on the other party except for loss of the bargain.
Modern cases do not permit relief for non-obvious mistakes in bidding.
Thank you for your help. I had asked you before about writing an essay, do you think that you would have time this week to do a Contracts Essay. Only catch is that I have to upload it within an hour and half of sending it to you
I know that you said it is too time consuming, but it will only be an hour long, does that make a difference?
ok thank you, XXXXX XXXXX me know when you would be able to start because it is timed. I have an hour an half to upload once I've received the topic. It has to be in word format.
Yes tomorrow evening works for me, please contact me when you are online and can begin. Thank you.
I did not receive the notification that you were online until I check the new message that ws sent. Is there any other time that you will be online and available to do it?
I will be on the train around this time, is there any other time later this evening or maybe tomorrow evening?
ok thank you very much
Is there any time this week that you can help me with the essay? I had some serious family issues that came up and I was not able to sign in.
That will be great, thank you very much. I will wait until you tell me that you are online.
hello, did you forget about me? :-) I still need help if you're available.
How about now?