Quiz Questions for Exam 1 Flashcards
The Common Law System is based on
Case Law Precedence
Stare Decisis
Bobby just purchased a new truck. Bobby is negligently operating the truck. Mike is driving a separate car which
is in front of Bobby’s truck. In court, Mike proves negligence. In order for Mike to prove the entire tort cause of
action, Mike must also prove which of the following
Cause and Damage
BTR Blasting Service is blowing up a building. As a result of the blast, Susan’s car windshield is destroyed. The
court allows Susan to apply strict liability in her tort cause of action against the company. Applying Strict
Liability, Susan must prove the breach of a duty on the part of BTR Blasting Service.
FALSE
For a particular state to have personal jurisdiction over a company, which of the following is required:
I. The company must be headquartered in that state.
II. The company must manufacture in that state.
Neither is required
Terms articulated in a verbal contract are not considered “sources of law” for a judge or jury to consider when
deciding a case
FALSE
Jessy wants to clean her walkways at her house. She rents a pressure washer from AAA Rent All. The partiesverbally agree on $125 for the day for a total of 3 days. AAA Rental All prints out a written receipt with adescription of the machine and the price, which Jessy pays in advance. This contract is
Express
Bobby has plenty of house paint, but Bobby is not a good painter. Bobby sees Handy Hanks Painting Service
across the street and makes the following offer to Handy Hanks Painting Service: “Start painting my carport now
and finish painting the carport in 5 hours, then I will pay you $800” Without saying anything, Handy Hanks
Painting Service starts right away and completes the job in under 4 hours. Which of the following is correct:
I. Hand Hanks cannot accept the offer by starting to paint.
II. There is not a contract because consideration is lacking.
NEITHER
Baker Corporation sent a letter to Sampson Company in which Baker offered to purchase 10 acres of certain real
estate from Sampson for $4,000. Sampson responded that it would purchase 8 acres for that price. Under these
circumstances, which of the following is correct?
a. No contract was created.
b. A contract for sale of 10 acres at $4,000 was created.
c. A contract for sale for 8 acres at $4,000 was created.
d. A contract for the sale of 10 acres at $3,200 was created.
NO CONTRACT WAS CREATED
Which of the following will render a contract null and void.
I. Contracting with a party under duress.
II. Contracting with a party who has mental dementia.
a. I Only
b. II Only
c. Both I and II are correct.
d. Neither answer is correct
NEITHER
A unilateral mistake of value is normally voidable by the party making the mistake
FALSE
Backyard of Law
Law System Source School
Court and Constitution
Torts
Contracts
UCC abandons what?
The mirror image rule
Attributes of Contract
Bilateral/Unilateral
Formal/Informal
Express/Implied
Executory/Executed
Negligence
DUTY and BREACH combined
WHO WINS?
A federal statute conflicts with the U.S. Constitution.
U.S Constitution
