BUL 3130 TEST 1 QUESTIONS WITH VERIFIED ANSWERS
Which of the following is not an equitable remedy? - Answer-money damages
Damages intended to punish a wrongdoer are called _____________. - Answer-punitive damages
In which of the following situations would a delegation of contractual duties ...
BUL 3130 TEST 1 QUESTIONS WITH
VERIFIED ANSWERS
Which of the following is not an equitable remedy? - Answer-money damages
Damages intended to punish a wrongdoer are called _____________. - Answer-punitive
damages
In which of the following situations would a delegation of contractual duties be allowed?
- Answer-a painter hired to paint a house
When a party has knowledge that either a complete or a partial breach will occur by the
other party and therefore refuses to perform, this is referred to as a(n)
_________________________________. - Answer-anticipatory repudiation
Steve is an avid bicyclist and sends in a $150 fee to participate in an across-the-state
ride in the Midwest. A week before the ride, he breaks his leg. Unless the contract
specifically provides for no refunds under any conditions, on what basis can Steve
receive a refund? - Answer-impossibility
When a party successfully sues for an equitable remedy for a breach of contract, that
party will not receive a monetary award. (t/f) - Answer-true
Nominal damages (e.g. damages in the amount of $1) are rarely awarded in contract
cases. (t/f) - Answer-true
Restitution is classified as an equitable remedy. (t/f) - Answer-false
Liquidated damages must be directly related to the breach of contract for which they are
compensating the non-breaching party and are not intended to be punitive. (t/f) -
Answer-true
Substantial performance will be found where there has been a breach that is not
material to the contract. (t/f) - Answer-true
The only state that has not adopted the Uniform Commercial code is ______________.
- Answer-Louisiana
Which of the following would not be considered tangible property? - Answer-a patent
If Continental Tires agrees to purchase all of the rubber that a particular Brazilian rubber
plantation can produce, this would be an example of a(n)
________________________________. - Answer-output contract
, In a shipping contract, the risk of loss passes to the buyer when
___________________. - Answer-the goods are delivered to the common carrier
The UCC will permit an incomplete or slightly ambiguous contract to be enforced by a
court using each of the following criteria except: - Answer-judicial determination of any
terms necessary to maintain fairness.
If a merchant sells goods to a buyer who is not a merchant, Article 2 of the UCC will not
apply. (t/f) - Answer-False
Some courts have determined that the inclusion of an arbitration clause as an additional
term in an acceptance as a means of dispute resolution constitutes a material alteration
of the offer in a merchant transaction. (t/f) - Answer-true
UCC gap fillers will not be used and are not applicable to contracts when the contract
clearly specifies a contract term or condition. (t/f) - Answer-true
Congress has written, published, and enacted the UCC to govern the sale of goods. (t/f)
- Answer-false
If the seller ships conforming goods, the buyer has a duty to accept them and may not
reject the goods. (t/f) - Answer-true
Jessica was caught shoplifting at a department store both by employees who witnessed
the act and by cameras in the store. The store's management may hold her as long as it
takes to get her to confess. (t/f) - Answer-false
Generally, tort law is governed by ___________________. - Answer-state common law
Assumption of risk is a defense to _______________. - Answer-negligence
One who commits a tort is called a ____________________. - Answer-tortfeasor
Which of the following is not a situation in which strict liability applies? - Answer-T.J.
manufactures cheap clothing that falls apart after minimal use.
The highest and most comprehensive duty owed by a landowner to a person on the
owner's property is owed to _______________. - Answer-an invitee
Jane runs a red light and hits Mark, who is crossing in the pedestrian crosswalk. If a
negligence suit is brought against Jane, it will be based on ___________________. -
Answer-negligence per se
A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.
(t/f) - Answer-true
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