32) David takes a swing at Mark but Mark ducks so that David hits Andrew instead.

Andrew can sue David for the intentional tort of battery

Andrew cannot sue David for Battery because he only had an intention to hit Mark

Andrew can sue Mark for negligence because he ducked

Andrew cannot sue David because Andrew consented to being hit by standing so close to Mark.

33) "substantial performace" means:

performance has taken place through a single act

while ther may be some monr ortion of the contract left undone the other party has received the substantial benefit of the bargain

there is a specific time designated for performance in the contract

the contract is not valid because of an illegal provision.

34) Ralph, a van driver for Standard Delivery Company causes a multi-vehicle accident on a city street. Ralph and Standard are liable to:

all those who were injured

only those who were uninsured

only those whose injuries could have been reasonably foreseeable

only those whose vehicles were closest to Ralph's van.

35) Criminal Law is concerned with:

the prosecution of private individuals by other private individuals

the prosecution of public officials by private individuals

the relief available when a person's rights are violated

wrongs that are considered to be offenses against the public as a whole.

36)The Latin term that describes the the reuirement of consideration in a contract is:

quid pro quo

non sequitur

in pari delicto

caveat emptor

37)An opinion can always be the basis for an action in fraud.

True

False

38)Punitive damages are a common remedy in breach of contract actions.

True

False

39) Respondeat Superior" is the principle that:

Certain contracts need to be in writing in order to be enforceable

An employer is is liable for the negligent acts of its employees.

Evidence seized in a warrantless search is inadmissible in court

An operator of a hazardous operation is strictly liable for any injuries.