question

Dwayne, an electrician, files suit against Electro Mechanix, Inc., alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock. Dwayne's suit is most likely to

answer

Fail, because Dwayne is a knowledgeable user

question

The brakes on a Central & Costal Railroad train malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues EZ Hydraulics, Inc., the brakes' manufacturer. EZ can raise the defense of

answer

Assumption of Risk

question

Furious Toyz Corporation makes skateboards, which it sells to consumers, including Gitana. Gitana is injured due to a defect in the board that causes an accident in which Haley, a bystander, is also injured. In a product liability suit based on strict product liability, Furious Toyz may be liable to

answer

Gitana and Haley

question

Country Style, Inc., makes landscaping tool. Under the Restatement (Third) of Torts: Products Liability, Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

answer

The omission of a warning renders the product not reasonably safe

question

Welding Systems, Inc. (WSI) makes welding torches, masks, and related products. A WSI product may be unreasonably dangerous due to

answer

A defect in its design

question

Oven Products Company makes microwave ovens. Pico discovers that his Over Products oven is defective and sues the maker for product liability based on strict liability. To win, Pico must show that

answer

Pico suffered an injury cause by the defect

question

Heat Wave, Inc., makes portable heaters. To pay for its liability for injuries to consumers harmed by defective heaters, Heat Wave can pass the costs on to

answer

Consumers in the form of higher prices

question

Reilly makes a fraudulent misrepresentation to Sonny, a consumers, who buys Reilly's product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must concern

answer

A material fact

question

Swank Tool Company makes hedge trimmers. Troy is injured while using a Swank trimmer and sues the company for product liability based on negligence. To win, Troy must show that

answer

Swank did not use due care with respect to the trimmer

question

Tristan hires Stefani to perform at Tristan's Club, but she breaches the agreement to accept a higher-paying job at Rock Star Arena. The court will most likely

answer

Award damages to Tristan

question

Lester and Myrtle want to rescind their contract under which Lester sold an MP3 player for $40. TO rescind the contract

answer

Lester must return the $40 and Myrtle must return the player

question

Damon contracts to repair the turf on a soccer field for Carousel Sports Park. Damon knows that without the repair, Carousel will have to cancel an upcoming game. Damon does not perform as promised. As consequential damages, Carousel can recover

answer

The loss of profit from the canceled game

question

Clyde contracts with Deephole Excavation, Inc., to dig an agricultural pond on his farm. Deephole is to keep the excavated gravel in payment. Clyde's neighbor Eden challenges the dig as an illegal gravel pit. A court orders a halt to the dig. Clyde's contract with Deephole is

answer

Discharged

question

Jane and Kelly want Lucy to replace Kelly as a party to their contract. They can best accomplish this by

answer

A novation

question

Real Cheap Painters, Inc., agrees to paint Quint's house, using a particular brand of "discount" paint. Real Cheap completes the job but uses a different brand of discounted paint. This is most likely

answer

Substantial performance

question

Juana contracts to sell Ignacio her MP3 player for $30. This contract will be fully discharged when Juana and Ignacio

answer

Exchange the player for the $30

question

Vicky contracts with Rashad for the delivery of hospice services to benefit Sigmund. This is

answer

A third party beneficiary contract

question

A contract between Drill-Bit Sharpeners, Inc., and East Oil Mining Corporation contains a clause stating that rights under the contract cannot be assigned. This ordinarily prohibits

answer

Any assignment

question

Loren and Kendra enter into a contract for the distribution of Loren's produce to local restaurants for which he agrees to pay Kendra. Kendra transfers her right to payment under the contract to County Bank. This transfer is

answer

An assignment

question

Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a contract. To be enforceable, the contract must be in writing if it involves

answer

An interest in land

question

Genie.com initiates an online dating service. To attract subscribers and encourage participation, Genie.com creates and posts profiles of fictitious persons and exaggerated profiles of actual users. Fooled by the false profiles, Ham buys a subscription. He is most likely a victim of

answer

Fraud

question

Maya is a stockbroker. Nora believes that the price of OK Goods, Inc. (OKGI)< a widely traded stock, is going to increase substantially. Through Maya, Nora buys 500 shares of OKGI at $10 per share, but the price soon drops to $2. Nora can successfully recover from Maya

answer

Nothing

question

U-Can-Own-It Corporation sells appliances to less educated consumers, including Viv, on installment plans. U-Can-Own-It files a suit against Viv when she stops making payments. Viv claims that the deal is unconscionable. The court will most likely consider

answer

The parties' relative bargaining power

question

Jolie signs a contract with Kenton, an unlicensed physician, to perform plastic surgery - a medical procedure. This contract is enforceable by

answer

No one

question

Jenna, a minor acting on her own, signs a contract to buy a horse and its tack from Field Equine Ranch. Later, after taking possession of the horse and tack, Jenna disaffirms the deal. She

answer

Must return both the horse and the tack

question

Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the "cost of doing business." Bucolic agrees but later refuses to pay. Their agreement is

answer

Unenforceable because Agro's performance was a preexisting duty

question

Quality Aluminum Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if

answer

Something of value passed b/w the parties

question

Michelle gives out a business card with an e-mail address on it. According to the comments that accompany the UETA, it may be reasonable to infer that Michelle has consented to

answer

Transact business electronically

question

Lively Toys Store and Movin' Products Company (MPC) enter into an e-contract under which MPC agrees to ship a case of electronic, remote-controlled bugs to Lively Toys, which agrees to pay on delivery. The Uniform Electronics Transaction Act (UETA)

answer

Supports the enforcement of such contracts

question

Mica buys "Nature," a movie, through Open View, an online entertainment vendor. Before complete the purchase and downloading "Nature," Mica must review a warning not to make and sell a copy of it. This warning is

answer

A browse wrap term

question

Deb buys a song through eSongs, an online music vendor. Before completing the purchase and downloading the song, Deb must agree to a provision not to sell copies of the song. This provision is

answer

A click-on agreement

question

Mayfair Company offers to sell a certain mall to Galleria Stores, Inc., for a certain price if it accepts before 10 a.m. Monday. A contract is formed if Galleria's acceptance is received

answer

Before 10 a.m. Monday

question

Shelby offers to make digital copies of Relay Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule, Relay's acceptance by e-mail will be considered effective when

answer

Sent

question

Kim sends an offer to Leo to cut down and remove a tree for $200. Kim says, "If you say nothing, I will consider you to have accepted my offer." If Leo does not respond, he will be deemed to

answer

None of the choices

question

Lovett County Bank offers to lend money to Kino, the owner of Java Stop, at 15 percent interest. Before Kino accepts, a state statue is enacted prohibiting loans at rates greater than 12 percent. Kino and the bank have

answer

No contract

question

Business Properties, Inc. (BPI) offers to sell a warehouse to Corporate Investments. Corporate says that it will pay BPI $100 to hold the offer open for three business days. This

answer

Makes an offer irrevocable for 3 days if BPI accepts

question

Jane offers to sell Kyle three desks for his Lights & Lamps Company administrative office. Kyle sends a rejection first, then changes his mind and sends an acceptance. Whether they have a contract is determined by

answer

Whether Kyle's rejection or acceptance is received first

question

Greco promises to buy illegal copies of CDs and DVDs from Fava, who promises to deliver on April 15. These promises are most likely

answer

Void

question

Employment Sources, Inc., enters into a contract with Fred. If Fred is a minor, this contract is most likely

answer

not-unenforceable; not void

question

Scot and Tiffany enter into an implied contract. The parties' conduct

answer

Defines the contract's terms

question

GR8 Marketing Company and Hot Tunes, Inc., sign a document that states GR8 agrees to create a marketing campaign for Hot and Hot agrees to pay GR8 for the service. GR8 and Hot have

answer

An express contract

question

Bobbie claims that Carl breached their contract. Carl responds that he never intended to enter into a contract with Bobbie. The intent to enter into a contract is determined with reference to

answer

the objective theory of contracts

question

A seller must take steps to guard against the foreseeable misuse of a product

answer

True

question

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings

answer

True

question

An action in strict product liability requires that the defendant fails to exercise reasonable care

answer

False

question

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it

answer

False

question

To support the imposition of strict liability, a product must be mishandled between he time it is sold and the time an injury occurs.

answer

False

question

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product

answer

False

question

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product

answer

False

question

Due care must be exercised in designing a product

answer

True

question

A product liability action based on negligence does not require the plaintiff and the defendant to be in privity of contract

answer

True

question

One requirement for a product liability suit based on negligence is a failure to exercise due care

answer

True

question

A product liability action may be based on warranty theories

answer

True

question

A contract may include a clause stating that damages must be limited to a maximum amount

answer

True

question

Reformation enables a court to rewrite a contract to reflect the parties' true intentions

answer

True

question

Contracts for the sale of goods usually qualify for specific performance

answer

False

question

The measurement of compensatory damages for breach of contract is the same for all types of contracts

answer

False

question

Compensatory damages are foreseeable damages that arise from a party's breach of a contract

answer

False

question

A breach of contract entitles the nonbreaching party to sue for damages

answer

True

question

A contract is discharged when its specific subject matter is destroyed

answer

True

question

Satisfaction of an accord discharges an original contractual obligation

answer

True

question

A contractual obligation may not be discharged through novation

answer

False

question

Anything less than complete performance is a material breach of contract

answer

False

question

An incidental beneficiary cannot sue the promisor directly for breach of the contract

answer

True

question

As a general rule, any contract duty can be delegated

answer

True

question

If a contract states that a right cannot be assigned, then ordinarily it cannot be assigned

answer

True

question

Under the Statue of Frauds, all contracts must be in writing to be enforceable

answer

False

question

Contracts involving interests in any property must be in writing to be enforceable

answer

False

question

Misrepresentation of a material fact can occur by actions alone

answer

True

question

Only a mistake in value will make a contract voidable

answer

False

question

Inadequate consideration may reflect a lack of bargained-for exchange

answer

True

question

An acceptance that materially changes a term in the offer will still be considered an acceptance

answer

False

question

An expression of opinion "Your customers will like this" is an offer

answer

False

question

A void contract is enforceable if it is in writing

answer

False

question

Parties can form a contract without putting the terms in writing

answer

True

question

An implied contract is implied from the conduct of the parties

answer

True

question

Offers may not be revoked before they are accepted

answer

False

question

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

answer

False

question

One of the requirements of a valid contract is its acceptance

answer

True

question

The intentions to enter into a contract is judged by objective facts as interpreted by a reasonable person

answer

True

BLAW 300 Test 3 – Flashcards

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