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- 1 Marks
Classification of a contract for an illegal substance.
Question
Thomas and Jeremiah entered a contract whereby Thomas agreed to sell Jeremiah $1,000 worth of heroin, an illegal substance. This is an example of a:
A. Quasi contract.
B. Void contract.
C. Voidable contract.
D. Secondary party beneficiary contract.
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- 1 Marks
Outcome of a lawsuit for breach of a lease agreement.
Question
Patricia rented an apartment to David for $500 per month. Patricia and David signed a one-year lease, to be effective beginning January 1st. After three months, David decided that he did not like the apartment. He gave Patricia a 30-day written notice, stating that he would vacate the rental unit at the end of the thirty days, which was April 30th. Upon receipt of David’s notice, Patricia made reasonable efforts to find a new tenant. Nevertheless, the apartment remained vacant from May 1st through June 30th. Patricia re-rented the apartment beginning July 1st for one year. Patricia sues David in small claims court. What is the likely outcome?
A. Patricia is entitled to the balance of the lease, or $4,000, because David did not have a valid reason to breach the contract.
B. Patricia is entitled to nothing because David gave Patricia thirty-days written notice.
C. Patricia is entitled to $1,000, because she tried to find another tenant immediately upon learning of David’s intent to breach the contract but was unable to re-lease the apartment until July 1st.
D. Patricia is entitled to $500, which represents one- month’s rent.
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Can Robert’s statement “This is the sharpest car on the market” support a claim for misrepresentation?
Question
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 misrepresentation.
B fraud.
C fraud and misrepresentation.
D none of the above.
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What is true about the “reasonable person” standard in tort law?
Question
Which of the following statements is correct concerning the “reasonable person” standard in tort law?
A The reasonable person standard varies from person to person.
B The reasonable person standard focuses on the defendant’s subjective mental state rather than on the defendant’s behaviour.
C A person with a physical disability must act as would a reasonable person with the same disability.
D A person with a mental disability must act as would a person with the same mental disability.
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- 1 Marks
Eckerly Realty’s offer expires June 30. Masse’s acceptance arrives July 1. Is there a contract?
Question
On May 1, 2005, Eckerly Realty Inc. mailed a written offer to Masse for the sale of an office building. The offer included an express term that it would expire on June 30, 2005, if the acceptance was not delivered into the hands of the offer by the expiration date. On June 30, 2005, at 8:00 a.m., Masse sent a written acceptance to Eckerly via Masse’s personal messenger. However, the messenger was not able to deliver the acceptance until July 1, 2005. On July 2, 2005, Eckerly contacted Masse, informing him that the acceptance had been delivered one day late. As a result, Eckerly refused to honour the acceptance. Which of the following is the most correct statement?
A However, if Masse would have mailed the acceptance on June 30, 2005, a contract would have been created.
B There is a contract between Eckerly and Masse. The moment that Masse gave the acceptance to the messenger; a contract was formed because acceptances are valid immediately 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.
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- 1 Marks
Which contracts fall under the statute of frauds?
Question
In most states the following types of contracts are within the statute of frauds:
A Contracts for the sale of an interest in personal property.
B Contracts that can be performed within a year from the date of their formation.
C Contracts for the sale of goods.
D Contracts for the sale of goods for a price of $500 or more.
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Donny throws a knife at Sally, missing her. Is he liable for assault or battery?
Question
Donny threw a knife at Sally, intending to injure her severely. However, Donny missed Sally. Sally saw the knife just as it whizzed by her head, missing it by about one inch. As a result, Sally was very scared. Sally sued Donny for assault and battery. Which of the following is most correct?
A Donny will be liable for battery, but not assault.
B Donny will be liable for assault, but not battery.
C Donny will be liable for assault and for battery.
D Donny will not be liable for either assault or battery because this is only a criminal matter.
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- 1 Marks
Back-Talk offers to sell servers to Gatekeeper, who requests faster delivery. Is there a contract?
Question
On May 1, Back-Talk Computer Store offered to sell five (5) computer servers to Gatekeeper Company for $5,000.00 each, delivery to be on May 30. Later that day (May 1), Gatekeeper responded that it would buy the computers only if they were delivered within three business days. Back-Talk notified Gatekeeper the next day, May 2, that it would not be able to deliver the goods within the time requested by Gatekeeper. Which of the following is true regarding Back-Talk’s offer?
A There is no contract between Back-Talk and Gatekeeper.
B Gatekeeper’s additional term became part of the contract, so Back-Talk is obligated to deliver the goods within three business days.
C Back-Talk’s offer was accepted by Gatekeeper.
D Gatekeeper may later accept Back-Talk’s May 1 offer if it is then willing to accept delivery in four weeks.
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