Term
| Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the injury |
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Definition
| if Mark intended to push Don. |
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Term
| Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she |
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Definition
| represents as a fact something that she knows is untrue. |
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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 |
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Definition
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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 |
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Definition
| was detained for an unreasonably long time. |
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Term
| Mona falsely accuses Nick of stealing from their employer. The statement is defamatory only if |
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Definition
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Term
| Excel Dry-Cleaning advertises so effectively that Next Day Cleaners' regular customers patronize Excel instead of Next Day. Excel has committed |
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Definition
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Term
| Joy invites Kent into her apartment. Kent commits trespass to land if he |
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Definition
| refuses to leave when Joy asks him to go. |
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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 |
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Definition
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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 |
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Definition
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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 |
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Definition
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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 |
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Definition
| whether or not the crew was at fault. |
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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 |
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Definition
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Term
| Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted |
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Definition
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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 |
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Definition
| even if Beth was only slightly at fault. |
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Term
| Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for |
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Definition
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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 |
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Definition
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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 |
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Definition
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Term
| Ralph, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Standard are liable to |
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Definition
| all those who were injured. |
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Term
| Ace Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because |
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Definition
| the activity is of an inherently dangerous nature. |
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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 |
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Definition
| the parties' subjective beliefs at the time of the alleged contract. |
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Term
| Which of the following statements is false? |
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Definition
| Any promises made by the parties, unless they are close relatives, must be supported by legally sufficient and bargained-for consideration. |
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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 |
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Definition
| the objective theory of contracts. |
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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 |
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Definition
| a unilateral contract. 1 promise and one action |
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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 |
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Definition
| not be revoked once performance has substantially begun. |
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Term
| Fran and Greg enter into a bilateral contract, which is created when |
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Definition
| Fran gives a promise in exchange for Greg’s promise. |
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Term
| Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have |
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Definition
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Term
| Gwen claims that she and Hal entered into an implied-in-fact contract. To establish this contract, it is not necessary to show |
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Definition
| that a court imposed a fictional promise in the interest of fairness and justice. |
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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 |
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Definition
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Term
| The doctrine of quasi contract |
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Definition
| cannot be used if there is an actual contract covering the area in controversy. |
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Term
| Usually, quasi contracts are imposed |
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Definition
| to avoid the unjust enrichment of one party at the expense of another. |
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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 |
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Definition
| rejected the offer and made a counteroffer. |
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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 |
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Definition
| before Grant mails a letter of acceptance. |
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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 |
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Definition
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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 |
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Definition
| not liable for breach of contract, because the statement was an opinion. |
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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 |
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Definition
| may refuse to accept the check, because he only expressed an intent to do something in the future. |
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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 |
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Definition
| does not constitute an offer. |
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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 |
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Definition
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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 |
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Definition
| Fritz did not know of the reward when he returned the cat. |
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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 |
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Definition
| Digital Electronics, the offeror, only. |
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Term
| Coffee Brokers, Inc. offers to sell Java Roasters, Inc. fifty bags of coffee beans. Java rejects the offer. The offer is |
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Definition
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