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EASY LAW QUESTIONS DUE ASAP!
Answer All twenty of the following multiple choice questions using the exact numbers provided.
Note: Bullet points for each answer represents (a,b,c,d,e) just incase you’re confused.
50)If a transaction involves an innocent misrepresentation, then the injured party
is entitled to sue for full damages.
has no legal recourse.
can utilize self-help to remedy the situation.
may rescind the contract but will not normally be able to recover damages.
51)Hal is bidding on a summer home offered at $1 million. His bid to pay $800,000 was rejected. On a Friday, the broker tells Hal the owner has dropped the asking price to $900,000.
Over the weekend, Hal decides to grab it. On Monday, Hal sees the words “under contract” on the real estate brokers’ webpage for the house, but he assumes it is a mistake. Hal sends his email to the owner and broker, accepting the $900,000 offer, and writes he is willing to pay by immediate wire transfer. If the owner refuses to sell to Hal, the owner can rely on which of the following doctrines?
revocation.
rejection.
counteroffer.
a and b.
none of the above, the owner is in contract with Hal.
52) The Nations Bank signs an agreement not to compete with the Franklin Bank that will bar Nations Bank from continuing to operate in California and New York where both banks have been doing business. The agreement is likely
an unreasonable restraint of trade.
enforceable, because its territorial limits are reasonably narrow.
enforceable only if it is part of an agreement by the Franklin Bank to purchase all the branches of Nations Bank in those states.
None of the above
53) Ray substantially performs his contract to build a spare bedroom for Courtney but has been unable to secure the building materials needed to finish the job despite his best efforts.
Courtney is
required to pay Ray the amount due under the contract.
required to pay Ray the amount due under the contract less the cost of completing the job.
not required to pay Ray until he obtains the needed supplies.
not required to pay Ray until the job is completed.
54) Substantial performance typically occurs when a party’s performance is
satisfactory and within the bounds of reasonable expectations.
significantly below reasonable expectations.
materially below reasonable expectations.
construed as a counteroffer.
55) Oscar agrees to paint Vinny’s car but fails to put a pinstripe around each of the headlights as called for in the contract. The fact that Oscar has done everything else fequired under the contract constitutes
complete performance.
substantial performance.
a material breach.
None of the above
56) Compensatory damages are typically assessed against the breaching party
to penalize that party for failing to carry out its contractual obligations.
only in contracts for the sale of goods valued in excess of $500.
to compensate the non-breaching party the loss of the bargain.
none of the above.
57) Under the common law, an options contract requires the:
offeree to make a counteroffer.
offeror to supply all goods the offeree needs.
offeror to provide a “no-liability” option to the offeree.
offeror to hold an offer open for a specified time period.
offeree to terminate the offer by lapse of time.
58) Werner agrees to purchase an IBoost-brand computer from an electronics store for $1,500, but the store fails to deliver. Werner is forced to purchase the computer elsewhere for $1,700. Werner’s measure of damages is
nothing.
$200 plus incidental damages.
$1,500 plus incidental damages.
$1,700 plus incidental damages.
59) Bradley agrees to hire Russell to work at his store for a salary of $170 per week. Bradley later cancels the contract because he has decided to spend the summer in Australia. Russell is entitled to recover
the wages that he would have received while working for Bradley less any wages he receives in a replacement job plus any incidental damages.
only the wages that he would have received while working for Bradley less any wages he receives in a replacement job.
only the wages that he would have received while working for Bradley.
nothing.
60) Juan agrees to purchase ten acres of land from Ricardo for $15,000. Ricardo fails to go through with the deal on the agreed date, when the market price of the land is $17,000.
Juan, who has paid no money under the contract, may recover
$15,000.
$17,000.
$2000.
Nothing.
61) Randolph agrees to build a swimming pool for Fox, but Randolph fails to finish the pool according to the contract specifications. Fox is forced to hire others to do so. Fox may recover from Randolph
the contract price less the costs of materials and labor.
profits plus all costs incurred up to the time of the breach
the contract price.
all costs incurred to complete construction
62) Sophie needs a pump to continue her mining operations and orders one for $1,500 from Pepper. Sophie tells Pepper that she must receive the pump by Tuesday or she will lose $5,000. Pepper ships the pump late. Sophie can recover
nothing.
$1,500.
$5000.
$6500.
63) Generally, when a contract is breached, punitive damages may be recovered only if
the contract involves a sale of goods.
the contract involves a sale of land.
the breach is related to the commission of a tort such as fraud.
compensatory damages are not available.
64) Lorenzo, the famous Italian chef, signed an employment contract which included a non-compete clause with Manhattan restaurant, Il Fontana. In the clause, he agreed not work in the U.S. for four years after his contract terminates. The court is likely to find that:
Lorenzo must comply with the non-compete as written because he agreed to do so as part of an employment contract.
the non-compete violates public policy because it is not part of a sale-of-business.
the non-compete is unconscionable.
the non-compete may be enforceable if its scope is narrowed to let Il Fontana recover from the loss and compete with Lorenzo upon his return.
a and d.
65) The Bill of Rights embodies a series of protections for the individual against various types of interference by
the federal government.
business entities.
private individuals.
all of the above.
66) Which of the following types of speech are not protected by the First Amendment?
a pamphlet prepared by a gas company in support of the use of natural gas.
political speech by a person at a public facility such as a train station.
an advertisement listing the prices charged by a local doctor for her services.
yelling “Fire” are a crowded basketball game.
All of the above.
67) The Virginia legislature passes a law that subjects pharmacists to fines of up to $100,000 if they advertise the prices of prescription drugs. If a Virginia pharmacy is fined $100,000 for hanging such advertising posters on its windows, the strongest argument it could make to a court that the law is unconstitutional would be that it violates the:
First Amendment
Fifth Amendment’s due process clause.
Fourteenth Amendment’s due process clause.
Fourteenth Amendment’s equal protection clause.
None of the above, because the state law has a legitimate purpose and advertising is not protected under the constitution.
68) Dugger sold 14,000 doses of anti-nausea medication to a cruise line with a July 1 deadline for delivery to the purchaser at its dock. Due to supply chain delays, the medicine was delivered on July 2, the day after the company’s flagship liner, the Eagle Queen, was scheduled to depart on her voyage. Because of lateness, the cruise line incurred $325,000 in extra expenses which it seeks from Dugger for breach of contract. Dugger will be liable for paying if he
knew he was delivering the medicine to a ship at a dock.
knew the Eagle Queen could not leave without the medicine.
could have exercised better judgment in hiring his suppliers.
used a delivery company with the worst on-time record.
69) The purpose of which form of damages is to provide the non-breaching party the benefit of the bargain?
compensatory damages.
expectancy damages.
consequential damages.
nominal damages.
70) The purpose of which form of damages allows the non-breaching party to recoup foreseeable losses resulting from the breach.
compensatory damages
incidental damages.
consequential damages.
punitive damages