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If A Contract Condition Is Not Satisfied,The Obligation Of Contracting

Customer Question
Question 2 1 points Save If...

Question 2 1 points Save

If a contract condition is not satisfied, the obligations of the contracting parties are discharged.

True

False

Question 3 1 points Save

A third party's right to control the details of performance of a contract indicates that the third party is an intended beneficiary. True

False

Question 4 1 points Save

A notation revokes and discharges a prior contract.

True

False

Question 5 2 points Save

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska.

For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has a commercial cyber presence in Missouri. conducted substantial business with Missouri residents.

general maximum contact with Missouri.

solicited virtual business in Missouri.

Question 6 2 points Save

In Harley's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party.A third party renders an opinion as to how a court would likely decide the dispute.

This is a mini-trial.

arbitration.

a summary jury trial.

early neutral case evaluation.

Question 7 2 points Save

Fact Pattern 3-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. Refer to Fact Pattern 3-1. The least expensive method to resolve the dispute between Java and Kaffe may be

arbitration because the case will be heard by a mini-jury.

litigation because each party will pay its own legal fees.

mediation because the dispute will be resolved by a non-expert. negotiation because no third parties are needed.

Question 8 2 points Save

Olsen Grocery Company files a suit against Pickle Products, Inc. Pickle responds that even if Olsen's statement of the facts is true, according to the law Pickle is not liable. This is

a counterclaim.

a motion for judgment on the pleadings.

a motion for summary judgment.

a motion to dismiss.

Question 9 2 points Save

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for any court to exercise in rem jurisdiction.

a federal district court to exercise original jurisdiction.

a U.S. court of appeals to exercise appellate jurisdiction.

the United States Supreme Court to issue a writ of certiorari. Question 10 2 points Save

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

cyber torts.

intentional torts.

product liability.

unintentional torts.

Question 11 2 points Save

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

assumption of risk.

negligence per se.

res ipsa loquitur.

strict liability.

Question 12 2 points Save

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

all risks.

hidden risks.

obvious risks.

no risks.

Question 13 2 points Save

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

appropriation.

conversion.

wrongful interference with a contractual relationship.

none of these choices.

Question 14 2 points Save

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

a blameless individual.

a faultless ordinary person.

a reliable professional.

a reasonable physician.

Question 34 1 points Save

International law is the law of a foreign nation and varies from country to country.

True

False

Question 35 1 points Save

A court's direction to a party to do or to refrain from doing a particular act is a rescission.

True

False

Question 36 1 points Save

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

True

False

Question 37 1 points Save Service of process is the process of obtaining information from an opposing party before trial.

True

False

Submitted: 5 years ago.Category: Business Law
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2/17/2012
Business Lawyer: Law Educator, Esq., Attorney replied 5 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,549
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Question 2 1 points Save
If a contract condition is not satisfied, the obligations of the contracting parties are discharged.
True

Question 3 1 points Save
A third party's right to control the details of performance of a contract indicates that the third party is an intended beneficiary.
True

Question 4 1 points Save
A novation revokes and discharges a prior contract.
True

Question 5 2 points Save
Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has
solicited virtual business in Missouri.

Question 6 2 points Save
In Harley's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party. A third party renders an opinion as to how a court would likely decide the dispute. This is

early neutral case evaluation.

Question 7 2 points Save
Fact Pattern 3-1
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 3-1. The least expensive method to resolve the dispute between Java and Kaffe may be
negotiation because no third parties are needed.

Question 8 2 points Save
Olsen Grocery Company files a suit against Pickle Products, Inc. Pickle responds that even if Olsen's statement of the facts is true, according to the law Pickle is not liable. This is
a motion to dismiss.

Question 9 2 points Save
Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for
a federal district court to exercise original jurisdiction.

Question 10 2 points Save
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
product liability.

Question 11 2 points Save
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

strict liability.

Question 12 2 points Save
Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of
all risks.

Question 13 2 points Save
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

none of these choices.

Question 14 2 points Save
Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
a reasonable physician.

Question 34 1 points Save
International law is the law of a foreign nation and varies from country to country.
True

Question 35 1 points Save
A court's direction to a party to do or to refrain from doing a particular act is a rescission.

False

Question 36 1 points Save
The First Amendment does not protect commercial speech as extensively as noncommercial speech.
True

Question 37 1 points Save
Service of process is the process of obtaining information from an opposing party before trial.

False

Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,549
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 119,549
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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