Question: Question 1 4 ( 1 point ) While at a baseball game one afternoon, Jack bought Matt a hot dog. When Matt bit into the
Question point
While at a baseball game one afternoon, Jack bought Matt a hot dog. When Matt bit into the hot dog he broke his tooth on a nail in it Which are true?
Question options:
Jack cannot sue the hot dog vendor for breach of contract.
Matt can sue the hot dog vendor for breach of contract.
Jack can sue the hot dog manufacturer under the tort of manufacturer's liability.
Matt can sue the hot dog manufacturer under the tort of manufacturer's liability.
The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Matt.
i iv and vi
i and ii
ii and iii.
i and iv
Question point
Which of the following is a defence to negligence?
Question options:
Release
Act of God
Waiver
Statute of limitations
All of these
Question point
Mr Morris leased land where he operated his drycleaning plant. Even if there was no intention of harming anyone, he could still be sued by someone harmed by dry cleaning chemicals if his operations allowed the chemicals to be breathed by passing pedestrians or to escape from his property to an others property. This is an example of what possible torts?
Question options:
Manufacturer's Liability
Negligence, Occupier's Liability, Nuisance
Negligence
Negligence, Occupier's Liability
Professional Liability
Question point
Deceit is defined in legal terms as:
Question options:
A tort that arises when A suffers damage by acting upon a false representation made by B with the intention of deceiving the public as a whole.
A tort that arises when A suffers damage by acting upon a false representation made by B with only good intentions toward A
A tort that arises when A benefits by acting upon a false representation made by B with only good intentions toward A
A tort that arises when A suffers damage by acting upon a false representation made by B party with the intention of deceiving A
A tort that arises when A benefits by acting upon a false representation made by B with the intention of deceiving A
Question point
Mary invites some friends to dinner, and they accept. They purchase a much more expensive bottle of wine than they would normally drink and a beautiful bouquet of flowers. Mary calls them two hours before the dinner to tell them she has been invited out by the man of her dreams and is postponing the dinner.
Question options:
No type of agreement between friends can be enforced as a contract, including this one.
Mary may not have intended to be bound to her promise, but her friends have suffered a loss and she cannot now claim she did not mean to enter a contract to provide dinner since she did not say that when she made her offer.
The friends can claim the cost of the flowers and the wine since Mary has breached the contract.
Since Mary is merely postponing the dinner, she has not breached their dinner contract.
Even though they accepted her dinner offer, this is not a situation in which one party can sue another, since no reasonable person would think that there was any intention on Mary's part to create a legally enforceable contract.
Question point
Mr Gatlin went into a supermarket where he saw a new kind of toothpaste on a shelf, priced at $ He decided to try it so he took it to the checkout and placed it on the checkout counter. The staff member at the checkout rang up the sale, took Mr Gatlin's money and put the toothpaste in a bag, handing it with the receipt and the change to Mr Gatlin. Offer occurred when:
Question options:
Mr Gatlin picked up the toothpaste.
The supermarket employee rang in the sale and took his money.
The supermarket put a price tag on the toothpaste.
Mr Gatlin put the toothpaste on the checkout counter.
Question point
Ian phoned Wanda and offered to sell her his horse for $ Wanda wanted to think about it and to let Ian know by email. Ian agreed. Wanda emailed Ian at : that night. At am Ian accepted another offer over the phone from William to sell the horse for $ He read his email from Wanda at am Can Wanda sue Ian for breach of contract?
Question options:
No the acceptance must be in the same phone mode of communication as the offer. Therefore, Wanda's acceptance was not valid.
Yes, Ian made the first offer to Wanda.
No the acceptance was not received by Ian until am
Yes, Wanda accepted Ian's offer prior to William's acceptance.
No the acceptance was for a lesser sum and sellers are entitled to the best deal.
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