Answer Happy

QUESTION 34
Which of the following is the general goal of compensatory
damages?
to restore the plaintiff to the position he or she was in before
the injury
to punish the defendant for extreme and outrageous conduct
to make the defendant suffer as much as the plaintiff
suffered
to find a way to help the defendant avoid jail time for his or
her crime
1 points
QUESTION 35
Written defamation is _____; oral defamation is _______.
fraud; conversion
conversion; fraud
slander; libel
libel; slander
1 points
QUESTION 36
If a court applies res ipsa loquitur
the defendant has the burden of proving he or she is not
liable.
the plaintiff must prove the case by clear and convincing
evidence.
the plaintiff needs to prove the case by a preponderance of the
evidence.
the defendant is strictly liable.
1 points
QUESTION 37
What is a principal factor in the risk-utility test?
the value of the product
the gravity of the danger
the likelihood that danger will occur
All of these are correct.
1 points
QUESTION 38
One purpose of contract law is to determine which agreements are
worthy of legal enforcement.
True
False
1 points
QUESTION 39
Revocation is the withdrawal of an offer by the offeror.
True
False
1 points
QUESTION 40
What element of a contract refers to both parties receiving some
measurable benefit?
legality
consideration
capacity
consent
1 points
QUESTION 41
Which of the following is NOT required to establish
promissory estoppel?
All of these are required.
a promise made by the plaintiff in response to the defendant's
promise
a promise made by the defendant
reliance on the defendant's promise
1 points
QUESTION 42
The basic distinction between an executory contract and an
executed contract is that
only one promise is involved in an executory contract.
all parties have fulfilled their obligations in an executed
contract.
one is legal, the other is not.
one is enforceable, the other is not.
1 points
QUESTION 43
Courts may award damages called quantum meruit,
which means
"let the buyer beware."
"as much as he deserves."
"to the letter of the law."
"something for something."
1 points
QUESTION 44
Which of the following types of property would be considered
"goods" under the Uniform Commercial Code?
a promissory note
a patent
a computer
a stock
1 points
QUESTION 45
If an offer specifies no time limit in which to accept,
the offeree has 30 days to respond.
the offeree has 10 days to respond.
the offer is not valid and therefore it does not matter when the
offeree responds.
the offeree has a reasonable period during which to accept.
1 points
QUESTION 46
Most contracts are discharged by mutual agreement of the
parties.
True
False
1 points
QUESTION 47
Commercial impracticability means some event has occurred that
neither party anticipated and fulfilling the contract would
now be extraordinarily difficult and unfair to one party.
True
False
1 points
QUESTION 48
Statutes of limitations
only apply to the sale of goods. There is no statute of
limitations on a service contract.
define whether there has been substantial performance of a
contract or a material breach.
define how much money the injured party can sue for under a
breach of contract claim.
limit the time in which an injured party may sue.
1 points
QUESTION 49
When one party breaches a contract, the discharged party
has no obligation to perform.
may sue the breaching party for damages.
has no obligation to perform, and may sue the breaching party
for damages.
None of these are correct.
1 points
QUESTION 50
Which type of interest is designed to return to the injured
party a benefit that he or she has conferred on the other party,
which would be unjust to leave with that person?
reliance interest
expectation interest
restitution interest
None of these are correct.