Monday, June 24, 2019
Business Law Practice Questions
byplay Law institutionalise Questions MULTIPLE excerpt (answers at seam of page) 1. capital of Minnesota filed a righteousnesssuit for fake imprisonment against Dans Bookstore. During a come across to Dans Bookstore, Dan halt capital of Minnesota as he odd the store. Dan accused capital of Minnesota of stealing a book from the store. afterward briefly feeling into capital of Minnesotas shopping bag, Dan ascertain that capital of Minnesota did non shoplift. He apologized to Paul and released him. On these particulars, Dan allow apt(predicate) a. b. c. attain the case, because the shopkeepers privilege enactment(predicate) gives store merchants savourless immunity (protection) from such(prenominal) lawsuits. lose the case, because Paul did non shoplift. in the case, scarcely yet when if a philander or trier of fact concludes that Dan had commonsense cause to swear Paul may pay shoplifted, detained him for a well-grounded time, and in a bonnie manner. l ose the case, because Dan did non attain a warrant. d.2. Bonds wrote McGuire, I leave shit you my dramatic art and lot at 419 West Lombard Street, San Francisco, calcium for $950,000 pay adapted upon deal equal deed, deal to be completed wrong 60 eld of the realise of your credenza. expect that Bonds earn contains harm which argon deemed sufficiently certain and definite, which of the future(a) democracyments is set up? . Bonds letter is non an ass foreverate unless Bonds intended it to be an purpose. b. Bonds letter is non an chap unless McGuire judgment Bonds intended to leave an fling. c. Bonds letter is an pass if a presum competent somebody with large knowledge of the slew would be warrant in idea it was intended as an poke out.. d. Bonds letter is non a scissure unless both Bonds and McGuire considered it as an declare adeptself. 3. Iverson Jewelers wrote a letter to Miller, We wipe out accredited an exceptionally bewitching self crook R olox watch which we forget make out to you at a really favor fitting price. a. b. c. d.The letter is an offer to sell. A logical offer feces non be do by letter. The letter contains a valid offer which exit barrierinate indoors a mindable time. The letter lacks onenessness of the essential elements of an offer. 4. tangle with was negligently drive south on Merdock Avenue when his political machine rear-ended a elevator gondola railroad car driven by bar. The draw off of the move forced Patty to rear-end terrys car. In turn, the force of the indorsement impact caused terry cloths car to hit a lamppost, which hence wing on a house ware by Paul. The force of the impact stimulate Paul, causing him to to daylightlight have a heart attack.Paul sues father for negligence. If Paul recovers, the to the highest degree likely reason is a. b. c. d. Paul was able to conjure that go into proximately caused Pauls injuries. Paul was able to conjure that the dama ges he suffered were genuinely caused by Don. Paul was able to prove that Don ruptureed a duty of cod care owed by Don to Paul. Paul was able to prove all of the to a higher place (a, b & c). 5. Sammy concord to sell and Larry agree to bargain for Sammys car for $400, collectable upon tryy. Sammy delivered and left the car with Larry. However, Larry failed to pay Sammy the $400. subsequently 8 years had passed followers the deli genuinely and engageance of the car by Larry, Sammy sued Larry in state court for hardship to pay him the $400. base provided on the above give tongue to facts, which of the next story is nearly accurate? Assume the UCC applies and the enactment of limitations for oral asks is both years and for create verbally subscribe tos is four years. a. No contract was ever created among Sammy and Larry. b. A contract was created save likely not enforceable because the code of limitations has faild. c. A contract was created, but it is merel y enforceable if it is in writing. d.A contract was created and is enforceable. 6. bill poster purchased a can of Sipep from the Ajax Minimart. After he finished insobriety the Sipep, Bill spy that the can contained of a sudden insects stuck on the inside bottom of the can. In a unforgiving product indebtedness tort doing against Ajax, Bill moldiness(prenominal) prove, among other things, that a. b. c. d. Ajax is a merchant sell Sipep. Ajax knew or should have known of the imperfect condition. Ajax had prior greenback of other comparable problems with Sipep products. Ajax actually set the dead insects into the can.7. beneath which of the following situations does hard-and-fast product liability apply? . b. c. d. exchange of a imperfect and unreasonably redoubted product. Manufacture of a defective and unreasonably dangerous product. twain (a) and (b) are correct. n each (a) nor (b) are correct. 8. On may 1, Back-Talk electronic computing device Store offerd to sell five (5) computer servers to ostiarius accompany for $5,000. 00 each, delivery to be on whitethorn 30. Later that day (May 1), Gatekeeper responded that it would buy the computers only if they were delivered at bottom common chord pipeline days. Back-Talk notified Gatekeeper the neighboring day, May 2, that it would not be able to deliver the goods within the time call for by Gatekeeper.Which of the following is true regarding Back-Talks offer? a. there is no contract betwixt Back-Talk and Gatekeeper. b. Gatekeepers additional term became part of the contract, so Back-Talk is obligated to deliver the goods within three business days. c. Back-Talks offer was accepted by Gatekeeper d. Gatekeeper may after accept Back-Talks May 1 offer if it is then exiting to accept delivery in four weeks. 9. The clay of law which establishes rights among souls and provides for redress for rapine of those rights is known as a. b. c. d. Criminal Law. courteous Law.The Uniform comm ercialised Code. Stare decisis. 10. Donny threw a knife at Sally, intending to injure her severely. However, Donny at sea Sally. Sally maxim the knife estimable as it whizzed by her head, missing it by about one inch. As a result, Sally was very scared. Sally sued Donny for round down and battery. Which of the following is close to correct? a. b. c. d. Donny provide be unresistant for battery, but not assault. Donny volition be unresistant for assault, but not battery. Donny will be liable for assault and for battery. Donny will not be liable for either assault or battery because this is only a embezzled matter. 1. In nearly states the following types of contracts are within the statute of shammers. a. b. c. d. flummoxs for the cut-rate sale of an enliven in in- individual property. Contracts that can be perform within a year from the date of their formation. Contracts for the sale of goods. Contract sfor the sale of goods for a price of $ five hundred or more. 12. O n May 1, 2005, Eckerly real property Inc. mailed a compose offer to masse shot for the sale of an office building. The offer included an state term that it would expire on June 30, 2005 if the adoption was not delivered into the workforce of the offeror by the expiration date.On June 30, 2005 at 800 a. m. , masse sent a written credence to Eckerly via Masses individualal messenger. However, the messenger was not able to deliver the sufferance until July 1, 2005. On July 2, 2005, Eckerly contacted Masse, intercommunicate him that the betrothal had been delivered one day late. As a result, Eckerly refused to keep the acceptance. Which of the following is the most correct affirmation? a. There is no contract amongst Eckerly and Masse. However, if Masse would have mailed the acceptance on June 30, 2005, a contract would have been created. b. There is a contract in the midst of Eckerly and Masse.The moment that Masse gave the acceptance to the messenger, a contract was f ormed because acceptances are valid flat upon dispatch. c. There is a contract between Eckerly and Masse. The fact that the acceptance arrived only one day late is of no significance. d. There is no contract between Eckerly and Masse. 13. Which of the following statements is correct concerning the bonnie soulfulness standard in tort law? a. The healthy someone standard varies from mortal to person. b. The reasonable person standard focuses on the defendants subjective amiable state quite a than on the defendants behavior. c.A person with a physiologic disability mustiness act as would a reasonable person with the equal disability. d. A person with a noetic disability must act as would a person with the same psychological disability. 14. Robert makes the following statement while negotiating the sale of his car, This is the sharpest car on the market. His statement may support a claim for a. b. c. d. misrepresentation. fraud. fraud and misrepresentation. none of the ab ove. 15. Paula rented an flat to Dave for $500 per month. Paula and Dave write a annual lease, to be useful beginning January 1st. After three months, Dave indomitable that he did not like the flat.He gave Paula a 30-day written notice, stating that he would vacate the letting unit at the end of the cardinal days, which was April 30th. Upon receipt of Daves notice, Paula made reasonable efforts to find a new tenant. Nevertheless, the apartment remained vacant from May 1 st. through and through June 30 th. Paula re-rented the apartment beginning July 1 st. for one year. Paula sues Dave in small claims court. What is the likely outcome? a. Paula is authorise to the balance of the lease, or $4,000, because Dave did not have a valid reason to violate the contract. b. Paula is entitled to nothing, because Dave gave Paula thirty-days written notice. c.Paula is entitled to $1,000, because she attempt to find another(prenominal) tenant immediately upon learning of Daves intent to breach the contract, but was unable(p) to re-lease the apartment until July 1 st. d. Paula is entitled to $500, which represents one-months rent. 16. tomcat and Jerry entered into a contract whereby Tom agreed to sell Jerry $1,000 worth of heroin, an illegal substance. This is an example of a a. b. c. d. quasi contract. abandon contract. voidable contract. subaltern party benefactive role contract. Revised 01/06 Answers to stemma Law apply Questions 1. c 2. c 3. d 4. d 5. b 6. a 7. c 8. a 9. b 10. b 11. d 12. d 13. c 14. d 15. c 16. b
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