Term 1 of 73
Betty Buyer discovers that the pin she bought from Sally Seller is not a ruby as Sally had claimed.
She believes that Sally's misrepresentation was innocent, but she wants to get her money back.
The contract remedy Betty should seek is
Rescission
Consequential damages
Replevin
Specific performance
Term 2 of 73
Courts may use course of performance, course of dealing and usage of trade to override express
terms in a contract.
True
False
Term 3 of 73
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant managers
increases the production of the shampoo by cutting back on the standard quality control checks
in the industry. Unfortunately, a significant number of their bottles of shampoo has too much
"scalp chemical" and is causing people to go bald. Under what legal theory is Vidal most at risk.
Fraud
Express liability
Strict intentional liability
Battery
Negligence
,Term 4 of 73
Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property damages
caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do not have the money
to pay for their share of the damages. The only solvent defendant is Dan. The most that Dan will
have to pay the plaintiff is
75,000
50,000
25,000
100,000
Term 5 of 73
An automobile mechanic who has possession of a car while repairing it is the bailor of the car.
True
False
Term 6 of 73
The buyer attains the right to insure the goods once the goods are identified to the contract.
True
False
Term 7 of 73
Absent a special relationship, one person has no legal duty to warn or rescue another.
True
False
Term 8 of 73
In a sale on approval, the seller must pay the costs for returning the goods.
True
False
, Term 9 of 73
Which of the following promises would be legally adequate consideration in a bilateral contract?
A promise not to sue someone on a claim that the promisor believes in good faith is valid.
A promise to do what one is already obligated by contract to do.
A promise not to break the law
A promise not to sue someone on a claim that the promisor knows is not valid.
Term 10 of 73
Nominal consideration is another term for sham consideration.
True
False
Term 11 of 73
In joint and several liability, a defendant who pays the entire amount of the judgment may sue the
other defendants for their share of the obligation.
True
False
Term 12 of 73
Kevin, a minor, sold his home gym to Buyer, who in turn sold it to a good faith purchaser for value
(GFP). Under the Uniform Commercial Code, Buyer took ____________title from Kevin, and transferred
_________________title to the GFP.
Good-----------------------------------Good
Voidable-------------------------------Good
Voidable-------------------------------Voidable
Void-------------------------------------Good
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller stuuviaa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.