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

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.

the contract is not valid because of an illegal provision.

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.

47) Which of the following agreements need to be in writing in order to be enforceable:

An agreement which by its terms cannpt be completed within a year

Any agreement for an interest in real estate

Any contract for the sale of goods in excess of $500

All of the above

None of the above

48) A contract is fully integrated if:

It is fully performed

It has no concurrent conditions

It is in writing and is the final and complete agreement of the parties

It is fully liquidated

49)

A slander of title is a false and unprivileged statement:

that can be written or oral

about title to real or personal property

causes actual monetary damage to the plaintiff

all of the above

50) One party to a contract can be excused from all future performance if the other party has made it impossible for him to perform his duties under the contract.

True

False

51)

Joy invites Kent into her home. Kent commits trespass if he:

refuses to leave when Joy asks him to go.

enters the home with the intent to commit a felony

starts insulting Joy inside her home

damages the hime in any way

52)

A third party can gain rights under a cpontract between two other parties if:

they were an intended beneficiary at the time of the formation of the contract

they enjoy incidental rights under the contract

they are conditional representatives

they are unemacipated minors

53)

Lou agrees to assume Mira's debt to New Sales Corporation. Lou does not get ny personal benefit for this agreement. To be enforceable the contract must be in writing if the debt is for

$500

$5000

$50,000

$500, $5000, or $50,000