AIC 301 Quiz/Test Study
Market Share Liability Answer: Applies when a product that has harmed a
consumer cannot be traced to a single manufacturer. They are liable unless they
can prove they could not have made the product involved.
A Defense to Fraud Answer: The defendant must make the representation
with the intent to influence the other party's action. If the defendant did not
intend to deceive, there is no proof of fraud.
Community Property Answer: Under the community property concept two
types of property can belong to a spouse - separate property as well as
community property. Separate property is the respective spouse's sole property
and it is free from the other spouse's interest or control.
Parole Evidence Rule (PER) Answer: The parole evidence rule provides that
oral evidence of agreements preceding or accompanying a written insurance
policy cannot be used to prove a waiver. Thus, the agent's oral statements made
at this time would not be admitted into evidence and thus would be ineffective as
a waiver.
A provision that prevents the terms of a contract from being modified by
evidence of oral or other agreements after the contract has been written.
Defenses to Tort Fraud Answer: The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
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Passed!!
2024/2025
The defendant did not intend to deceive
The plaintiff did not rely on the statements
The plaintiff suffered no harm or or loss because of relying on the statement
A Constructive Eviction Answer: Actions or inactions of a landlord that create
conditions that prevent a tenant from enjoying a substantial or integral part of
the premise constitute a constructive eviction.
Repudiation of a Contract Answer: repudiation of a contract is the refusal to
meet obligations under the contract, but it must be positive and unequivocal to
constitute a breach. A statement of inability to perform in the future is not
repudiation. A person cannot sue for breach of contract until due date and person
has failed to complete the job.
Frustration of Purpose Answer: A rental contract is useless to a person since
the original purpose for the rental was frustrated because the celebrity was not
there. Frustration of purpose can discharge a contract that is possible to perform,
when a supervening event destroys the propose or value of the contract,
provided that both parties are aware of that purpose or value.
Direct Action Statutes
Garnishment Answer: Third parties are generally not allowed to sue insurers
of negligent parties who injure them or damage their property. Some states have
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