Question: a- When a client breaches a contract with a construction contractor before construction begins, what is the contractor generally able to recover? The amount of
a- When a client breaches a contract with a construction contractor before construction begins, what is the contractor generally able to recover?
- The amount of the contract price
- Only the out-of-pocket costs incurred by the contractor up to the time of the breach
- The amount necessary to provide the same profit to the contractor that the contractor would have earned if the contract were fully performed
- Three times the contract price as punitive damages
b- The tort of palming off involves:
- Knowingly selling goods that are defective.
- Blaming another for one's own actions and communicating that blame to at least one other person.
- Making false statements about the goods of another.
Representing one's own goods to be those of a competitor
c- Guest statutes apply to persons in someone's home with the permission of the homeowner.
- True
- False
d-Some states allow a licensed professional to bring an action to prevent an unlicensed person frompracticing in that profession.
- True
- False
e-Which of the following isnotone of the general categories of torts?
- Strict liability
- Rational
- Negligence
- Intentional
f-How does the tort of conversion of personal property differ from trespass to personal property?
- In conversion, the true owner is denied use and enjoyment of the property.
- In conversion, the true owner can recover damages for the denial of use of the property.
- In conversion, the tortfeasor treats the property as if it is her own.
- In conversion, the plaintiff is entitled to recover punitive damages.
g-The tort of palming off involves:
- Knowingly selling goods that are defective.
- Blaming another for one's own actions and communicating that blame to at least one other person.
- Making false statements about the goods of another.
- Representing one's own goods to be those of a competitor.
h-A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the statelaw does not place an undue burden on interstate commerce.
- True
- False
i-Substantive due process generally addresses the issue of whether or not a law is reasonably clear and not overly broad in scope.
- True
- False
j-Since declaring independence, the current U.S. Constitution is the _______ document to set out the general operations of the
- government.
- First
- Second
- Third
- Fourth
k-Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an area:
- It will automatically have exclusive jurisdiction to regulate in that area.
- States will always remain able to freely regulate in that area.
- States will always be able to regulate in that area so long as the state law does not directly and substantially conflict with the federal law.
- Whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area.
l-The Privileges and Immunities Clause provides that:
- It is a privilege to be granted immunity from a criminal prosecution.
- States must not unduly discriminate in favor of their citizens.
- Corporations receive most of the same constitutional protections as individuals.
- The government is not subject to being sued unless the constitutional matter is a right rather than a privilege.
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