- If an offer is made but before it can be accepted the subject matter of the offer becomes illegal, the offer is terminated.
- Which of the following best represents a voluntary promise between two or more parties for which the law will provide a remedy for nonperformance?
- _____ is a type of intentional tort that involves the intentional, unpermitted, or offensive touching of the body of another.
- In order to make out a claim for negligence there must also be injury caused by the breach of duty.
- Which of the following is one of the defenses to negligence?
The tort was committed in defense of self or others.
The plaintiff contributed to the injury by doing a negligent act him- or herself.
The tortfeasor did not have the intent to harm.
The tortfeasor was as careful as possible.
- If a terminated employee stands outside the restaurant from which he was fired and falsely tells approaching customers that the restaurant uses horsemeat in its hamburgers rather than beef, the restaurant owner can successfully sue the ex-employee for:
intrusion upon seclusion.
- Identify the correct statement regarding assault.
All threats are assault.
The act can be toward an animal or property.
The victim should be deathly afraid.
It must appear that the unwanted act is imminent.
- Which of the following best represents a compilation of the most common approaches to states’ common law of contracts, but is not, in and of itself, law?
Code of Federal Regulations
Restatement of Contracts
Uniform Commercial Code
- If an incompetent party enters into a contract, the contract will be:
a contract implied in law.
an express contract.
a quasi contract.
a void contract.
- Under the UCC, an acceptance with varied terms terminates the original offer.
- _____ involves a seller selling products as one brand, when it is actually another, generally inferior, brand.
Theft of trade secrets
- According to which of the following concepts, if it is illegal to do an act, then it is illegal to contract to have the act done?
Capacity to enter into a contract
- If the one being defrauded actually knows he or she is entering into a contract, but has been told untruths about significant parts of the contract that form the basis of the bargain then it is an example of:
fraud in the inducement.
- An acceptance _____ is an acceptance with varied terms.
that is not definite or seasonable
after a prior rejection
in the form of silence
that makes changes to the offer
- Which of the following types of contracts only buys the offeree time to accept or reject the offer and does not mean the offeree must accept?