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For Fivestarlaw Which one of the following tests will a court

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For Fivestarlaw
Which one of the following tests will a court usually apply in negligence actions where there are multiple redundant causes of plaintiff’s harm?
A But-for test.
B Market share test.
C Substantial factor test.
D Alternative liability test.

Which case, held that the technical legal injury concept (which permits recovery of nominal damages) does not apply to negligence actions?
A Hale v. Ostrow, 166 S.W.3d 71 (Tenn. 2005).
B Right v. Breen, 890 A.2d 1287 (Conn. 2006).
C Viner v. Sweet, 70 P.3d 1046 (Cal. 2003).
D Jordan v. Jordan, 257 S.E.2d 761 (Va. 1979).

A plaintiff must prove both actual cause and proximate cause to prevail in a negligence action. Which form of causation involves a matter of principle or policy as to whether the defendant should be held liable for the plaintiff’s harm?
A Actual cause.
B Proximate cause.
C Both actual and proximate cause.
D None of the above.
Under which of the legal theories listed below can a defendant be held liable for harm to plaintiff despite the fact that defendant’s actions were not a but-for cause of the harm?
A Res ipsa loquitur.
B Negligence per se.
C Respondeat superior.
D None of the above.

Which case held that where the tortious acts of two or more tortfeasors join together to produce an indivisible injury, all of the wrongdoers will be held jointly and severally liable for the entire damages and plaintiff can proceed against any one tortfeasor separately or against all of them in one suit?
A Landers v. East Texas Salt Water Disposal Co., 248 S.W.2d 73 (Tex. 1952).
B Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway, 179 N.W. 45 (Minn. 1920).
C Salinetro v. Nystro, 341 So. 2d 1059 ( Fla. Dist. Ct. App. 1977).
D Joshi v. Providence Health Sys. Of Oregon Corp., 149 P.3d 1164 (Or. 2006).

What approach to the plaintiff’s claim for a loss of opportunity for a substantially better recovery due to defendant’s negligence was adopted in the case of In Lord v. Lovett, 770 A. 2d 1103 (N.H. 2001)?
A Plaintiff must prove that due to defendant’s negligence, plaintiff was deprived of at least a 51% of a more favorable outcome in her recovery, at which point plaintiff can recover damages for the entire preexisting condition.
B Plaintiff can submit her case to the jury upon proof that the defendant’s negligence more likely than not either “increased the harm” to plaintiff, or “destroyed a substantial possibility” of achieving a more favorable outcome in her recovery. Once proven, plaintiff can recover damages for the entire preexisting condition.
C Plaintiff must establish the causal link between the defendant’s negligence and the lost opportunity for a better recovery, and plaintiff can prevail even if her chances of a better recovery are less than 51%. However, plaintiff can only recover damages directly attributable to the defendant’s negligence.
D None of the above.

Joint tortfeasors include which of the following groups?
A Two or more individuals who act independently but cause a single, indivisible tortuous injury to the plaintiff.
B Two or more individuals who act in concert to commit a tort which causes injury to the plaintiff.
C Two or more individuals who share legal responsibility for a tort under a theory of vicarious liability.
D All of the above.

Joint and several liability permits which of the following results?
A Plaintiff can enforce an entire judgment against any of the defendants individually.
B If one defendant pays more than his proportional share of liability, he can seek contribution for the excess from the remaining defendants.
C Plaintiff can recover more than the total amount of the judgment if the defendants have sufficient resources.
D Both A & B.

The Uniform Contribution Among Tortfeasors Act, section 4 in the assigned reading for Module 10 provides that
A a release of one tortfeasor is a release of all tortfeasors who are jointly and severally liable.
B a covenant not to sue is the only means by which a plaintiff can settle with one tortfeasor and still maintain suits against the remaining tortfeasors.
C a release of one tortfeasor does not discharge any of the remaining tortfeasors, unless the terms of the release expressly provide for discharge of those remaining tortfeasors.
D A & B.

In the case of Summers v. Tice, 199 P.2d 1 (Cal. 1948) in the assigned reading for Module 10, the court held that
A since plaintiff could not prove which defendant fired the shot that entered plaintiff’s eye causing harm, plaintiff cannot recover from either defendant.
B if plaintiff can prove that it is at least 51% likely that the shot was fired by one of the defendants, then plaintiff can recover the entire amount of damages from that defendant.
C the burden of proof regarding causation is shifted to the defendants to prove that they were not the cause of plaintiff’s injury.
D none of the above.
The court’s decision in U.S. v. Peterson
A was in agreement with the common law self-defense rule of “retreat to the wall.”
B strictly
Submitted: 1 year ago.
Category: Homework
Expert:  FiveStarLaw replied 1 year ago.

Good Morning Wendy,

Thank you for directing your questions to me. I appreciate your loyalty. What is your deadline?

Customer: replied 1 year ago.


You're welcome. I really appreciate your patience and diligence in helping answer my questions. My deadline is Wednesday.

Expert:  FiveStarLaw replied 1 year ago.

Perfect – I will post the answers later today

Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

Here are my answers for comparison with your own:

http://www.mediafire.com/?8rwryj87bub7ufd

The choices for the last question were cut off. If you post the question, I would be happy to answer that question as well
Customer: replied 1 year ago.

 


These were cut off


The court’s decision in U.S. v. Peterson






















A



was in agreement with the common law self-defense rule of “retreat to the wall.”



B



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.



C



rejected the “castle” doctrine in its entirety.



D



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



A property owner is justified in taking a life with a mechanical device if the dwelling has previously been broken into.



B



Taking a life with a mechanical device is every property owner’s right to protect his property.



C



Allowing persons to employ deadly mechanical devices imperils the lives of children.



D



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






















A



unlawful



B



unreasonable



C



excessive



D



deadly



 


Which of the following is correct regarding the amount of force one may use in self-defense?






















A



One may always use deadly force in self defense if the assailant is larger than the defendant.



B



The defendant must have a reasonable belief in the necessity of using force to prevent harm to himself.



C



The defendant’s belief in the need to use force may not be a mistaken belief.



D



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?






















A



State v. Bonano



B



People v. Townes



C



Commonwealth v. Cataldo



D



State v. Thomas



 


A majority of jurisdictions hold that:






















A



A defender need not retreat when he reasonably believes the assailant will kill or inflict serious bodily harm to the defender.



B



A defender must retreat even in his home or business if he can do so safely.



C



A defender never needs to retreat.



D



A defender must retreat if the assailant does not have a weapon.



 


Which of the following is incorrect regarding the defense of another?






















A



The defender must reasonably believe that the other is in immediate danger of unlawful bodily harm.



B



The defender must stand in a personal relationship to the one in need of protection.



C



The defender may not use more force than he reasonably believes necessary to relieve the risk of harm.



D



The “alter ego” rule holds that the right to defend another is coextensive with the other’s right to defend himself.



 

Expert:  FiveStarLaw replied 1 year ago.
ok
Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy:

Here are the balance of my answers:
http://www.mediafire.com/?5d8jc2fosvo7qoo

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.

Which of the following is NOT an element of misrepresentation?






















A



Misrepresentation



B



Scienter



C



False statement of opinion.



D



Material fact.



 


Based upon the reading of the Austin Instrument, Inc. v. Loral Corp. case, which of the following is true?






















A



The principal finding is that ordinary remedies for breach of contract did not insulate Loral from compulsion to comply with Austin’s demands.



B



A wrongful threat to breach an agreement by withholding goods is not sufficient to establish economic duress.



C



Duress was present because the plaintiff was greatly influenced by defendant’s wrongful threat.



D



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?






















A



The court found that the element of confidential relationship did not exist.



B



The proper inquiry is only whether persuasion induced the transaction.



C



The terms of the agreement were fair.



D



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?”






















A



Where the representor is a lay person.



B



Where there is a position of trust and confidence between the parties.



C



Where the representor has superior access to knowledge of facts making the opinion false.



D



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



A contracting party’s ignorance of the applicable law provides no basis for relief from conduct engaged in due to that mistake.



B



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.



C



There is no basis for relief when a party’s conduct is based on their own negligence and their mistake is unilateral.



D



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?






















A



Insistent demand that the business be finished at once.



B



Discussion of the transaction at an unusual or inappropriate time.



C



Statements by the influencer that there is no time to consult financial advisers or attorneys.



D



The use of multiple persuaders by the dominant side against a single servient party



 


Which of the following statements is true regarding reformation?






















A



Regarding to a court’s degree for reformation, such court may not impose such conditions as it deems equitable.



B



Ratification can terminate the right to reformation.



C



The Statute of Frauds applies to actions for reformation.



D



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?






















A



The conduct and actions of the defendant in the case were not sufficient to establish duress.



B



A contract entered into as a result of duress is void.



C



An essential element in the doctrine of ratification is generally conduct rather than intention.



D



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?






















A



The doctrine of caveat emptor was used.



B



The test for materiality in a case dealing with misrepresentation is that of the reasonable person.



C



Rescission is not a proper remedy for misrepresentation.



D



Mere reliance on a misstatement is a proper element of misrepresentation



Expert:  FiveStarLaw replied 1 year ago.
Hi - Is this all of the questions?
Customer: replied 1 year ago.

Based upon the reading of the Cousineau v. Walker case, which of the following statements is true?






















A



The doctrine of caveat emptor was used.



B



The test for materiality in a case dealing with misrepresentation is that of the reasonable person.



C



Rescission is not a proper remedy for misrepresentation.



D



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?






















A



Where there is a mutual mistake, the party with the most to gain from the transaction bears the burden of proving the mistake.



B



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.



C



Where there is mutual mistake, the contract must be rescinded.



D



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?






















A



Where a contract does not reflect the actual agreement of the parties, a court cannot reform the contract to reflect its actual agreement.



B



One requisite for reformation on grounds of mistake is a variance between the prior agreement and the record.



C



One requisite for reformation on grounds of mistake is that there must be an actual agreement between the parties.



D



One requisite for reformation on grounds of mistake is there must be an agreement to put the agreement into a record.



 


 






















A



 



B



 



C





D



.



 


Regarding unilateral mistake, which of the following statements is true?






















A



Avoidance of the contract is an action brought by the non-mistaken party.



B



Avoidance of the contract is allowed for mistake in judgment.



C



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.



D



Modern cases do not permit relief for non-obvious mistakes in bidding.



 

Expert:  FiveStarLaw replied 1 year ago.
Is this the total?
Customer: replied 1 year ago.


yes :-)

Expert:  FiveStarLaw replied 1 year ago.
np - I'll post later today
Customer: replied 1 year ago.


thanks

Expert:  FiveStarLaw replied 1 year ago.
my pleasureWink
Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

This last set of questions was very difficult. Please compare my answers to your own:

http://www.mediafire.com/?hzf49n5y9he94uh

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.


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

Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

Unfortunately it is just not financially feasible for me to answer essay questions. It is too time consuming in most situations
FiveStarLaw, Lawyer
Category: Homework
Satisfied Customers: 36646
Experience: Lawyer, Accountant and Researcher
FiveStarLaw and 3 other Homework Specialists are ready to help you
Customer: replied 1 year ago.


ok, thanks

Customer: replied 1 year ago.


I know that you said it is too time consuming, but it will only be an hour long, does that make a difference?

Expert:  FiveStarLaw replied 1 year ago.
THIS ANSWER IS LOCKED!

You need to spend $3 to view this post. Add Funds to your account and buy credits.
Customer: replied 1 year ago.


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.

Expert:  FiveStarLaw replied 1 year ago.

Would tomorrow evening be good
Customer: replied 1 year ago.


Yes tomorrow evening works for me, please contact me when you are online and can begin. Thank you.

Expert:  FiveStarLaw replied 1 year ago.
ok - I'll post here
Expert:  FiveStarLaw replied 1 year ago.
I am on line:-)
Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy

As always it has been my pleasure to work with you.

I need to ask for your assistance.

The site will be sending you a survey. Your answer to one of the questions on of the survey is essential to my ability to continue to answer questions on this site.

Question #3 of the survey will ask you: "How likely is it that you would recommend your Expert to a friend?"

I would greatly appreciate it if you would answer "10" on this question. If for any reason you cannot answer "10" in response to question number 3, please tell me how I may further assist you.

Thanks again,
FiveStarLaw
Customer: replied 1 year ago.


Hello,


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?

Expert:  FiveStarLaw replied 1 year ago.
Hi Wendy,

I can assist later today – maybe in about 1 or 2 hours
Customer: replied 1 year ago.


I will be on the train around this time, is there any other time later this evening or maybe tomorrow evening?

Expert:  FiveStarLaw replied 1 year ago.
Later tonight is fine. Just send me a message when you get home and we can make a specific time
Customer: replied 1 year ago.


ok thank you very much

Expert:  FiveStarLaw replied 1 year ago.
thank you
Customer: replied 1 year ago.


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.

Expert:  FiveStarLaw replied 1 year ago.
So sorry to hear that Wendy. I hope that the problem resolved. I can assist you with the essay tomorrow
Customer: replied 1 year ago.


That will be great, thank you very much. I will wait until you tell me that you are online.

Expert:  FiveStarLaw replied 1 year ago.
ok - "see" you tomorrow
Customer: replied 1 year ago.

hello, did you forget about me? :-) I still need help if you're available.

Expert:  FiveStarLaw replied 1 year ago.

How about now?

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