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Business Law- Exam 2
Intro Business Law 2nd Exam
40
Business
03/08/2011

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Cards

Term
Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the injury
Definition
if Mark intended to push Don.
Term
Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she
Definition
represents as a fact something that she knows is untrue.
Term
Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of
Definition
immediate harm.
Term
Steve, the manager of A-1 Hardware Store, detains Joan, whom Steve suspects of shoplifting. Joan sues Steve, alleging that the detention was false imprisonment. Steve is liable if Joan
Definition
was detained for an unreasonably long time.
Term
Mona falsely accuses Nick of stealing from their employer. The statement is defamatory only if
Definition
a third party hears it.
Term
Excel Dry-Cleaning advertises so effectively that Next Day Cleaners' regular customers patronize Excel instead of Next Day. Excel has committed
Definition
none of the above.
Term
Joy invites Kent into her apartment. Kent commits trespass to land if he
Definition
refuses to leave when Joy asks him to go.
Term
At a fast food restaurant, Todd believes that he is being overcharged and shoves Vicky, the clerk. Vicky sues Todd, alleging that the shove was a battery. Todd is liable if
Definition
the shove was offensive.
Term
Kay files a suit against Larry based on one of Larry's statements that Kay alleges is fraudulent. To give rise to fraud, the statement must be one of
Definition
delusion.
Term
Bill, a store clerk at Techno Computers, takes a computer from the store without Techno's permission. Bill is liable for conversion if he
Definition
under any circumstances.
Term
Martha owns a demolition company that does ultra hazardous work. If a passerby is injured during a demolition by Martha's crew, under the theory of strict liability Martha must pay for the injury
Definition
whether or not the crew was at fault.
Term
A state statute requires amusement park owners to maintain their equipment in specific condition for the protection of their patrons. Ed, who owns an amusement park, fails to maintain the equipment as required. Fran, a patron, is injured thereby. Ed has committed
Definition
negligence per se.
Term
Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted
Definition
unreasonably.
Term
Beth is injured in a car accident and sues Carl, alleging negligence. Carl claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery
Definition
even if Beth was only slightly at fault.
Term
Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for
Definition
nothing.
Term
Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the
Definition
cause in fact.
Term
A train's brakes malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. Dick is hit by the train and sues the brake's manufacturer. The manufacturer can raise the defense of
Definition
assumption of risk.
Term
Ralph, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Standard are liable to
Definition
all those who were injured.
Term
Ace Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because
Definition
the activity is of an inherently dangerous nature.
Term
Owen claims that Paula breached their contract. Paula asserts that they had no contract. In deciding whether a contract was formed, a court would not look at
Definition
the parties' subjective beliefs at the time of the alleged contract.
Term
Which of the following statements is false?
Definition
Any promises made by the parties, unless they are close relatives, must be supported by legally sufficient and bargained-for consideration.
Term
Bob claims that Carol breached their contract. Carol responds that she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to
Definition
the objective theory of contracts.
Term
Jill offers to pay Ken $500 if he jogs across the Golden Gate Bridge. Ken can accept the offer only by jogging across the bridge. If Ken jogs across the bridge, he and Jill will have formed
Definition
a unilateral contract. 1 promise and one action
Term
Kate begins to perform, intending that the completion of her performance act as an acceptance of Lyle's offer. Under the modern-day view, an offer that can only be accepted by completion of a specific act can
Definition
not be revoked once performance has substantially begun.
Term
Fran and Greg enter into a bilateral contract, which is created when
Definition
Fran gives a promise in exchange for Greg’s promise.
Term
Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have
Definition
an express contract.
Term
Gwen claims that she and Hal entered into an implied-in-fact contract. To establish this contract, it is not necessary to show
Definition
that a court imposed a fictional promise in the interest of fairness and justice.
Term
Tom enters a coffee shop in which he has an open account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier’s nod, and walks out with the coffee, knowing that he will be billed for it at the end of the month. Tom has formed
Definition
an express contract.
Term
The doctrine of quasi contract
Definition
cannot be used if there is an actual contract covering the area in controversy.
Term
Usually, quasi contracts are imposed
Definition
to avoid the unjust enrichment of one party at the expense of another.
Term
Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The price is too high. I will offer to buy it for $90,000.” Dina has
Definition
rejected the offer and made a counteroffer.
Term
In a letter, Smith offers to sell Grant his computer but conditions the sale on Grant accepting the offer by October 1. Smith may revoke the offer
Definition
before Grant mails a letter of acceptance.
Term
Royal Properties, Inc., mails a flyer to hundreds of firms, advertising a building for sale. Standard Manufacturing Company responds by saying, "We accept your offer." Between Royal and Standard, there is
Definition
no contract.
Term
Harry goes to Dr. Power for surgery. Power says that Harry should be fully healed within a week. Harry does not heal within a week. Power is
Definition
not liable for breach of contract, because the statement was an opinion.
Term
Sam announces that he plans to sell his business at a price below its market value. Tina gives Sam a check for the stated amount. Sam
Definition
may refuse to accept the check, because he only expressed an intent to do something in the future.
Term
Consumer Sales, Inc. sends its catalogue to Carol and includes a "personalized" letter inviting her to buy any item in the catalogue at the advertised price. This
Definition
does not constitute an offer.
Term
Best Products, Inc. files a suit against City Trucking Service for breach of contract, based on what Best claims was City's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are
Definition
reasonably definite.
Term
Edwin advertises a reward for the return of his lost cat. Fritz, who does not know of the reward, finds and returns the cat. Fritz cannot recover the reward, because
Definition
Fritz did not know of the reward when he returned the cat.
Term
Digital Electronics, Inc. makes an offer to the owners of National Computer Corporation to buy the entire company. The party with the power to revoke the offer is
Definition
Digital Electronics, the offeror, only.
Term
Coffee Brokers, Inc. offers to sell Java Roasters, Inc. fifty bags of coffee beans. Java rejects the offer. The offer is
Definition
terminated.