QUESTION 51 Strict liability: a does not apply to someone who uses reasonable care. O b. is a modern version of contributory negligence. Oc does not apply to theories of intentional tortor negligence. d. is described as liability without fault. QUESTION 54 The adversary system is characterized by: O a. the notion that the effective functioning of the legal system will be undermined if a client does not feel free to speak candidly with his/her attorney Ob the ability of the judge to investigate the issues, ask questions and control the direction of the case. Oc the idea that ultimate truth will prevail if each party to a dispute is represented by competent attorneys providing the stronges view of the client's position d. the minimal role played by lawyers. QUESTION 52 Substantial performance occurs when: O a. there is no express condition that performance must meet all aspects of the contract terms. O b. a performance falls short of complete performance or perfect tender in minor respects but does not deprive the promise of the material part of the bargain Oc. the promisor is excused from performance onthe grounds of commercial impracticability Od the promisor is denied payment on the contract because of a series of breaches that may impair the value of the entire contract. QUESTION 55 The duty to mitigate damages: a holds the non-breaching party liable for a minimum amount of damages. b.required the non-breaching party to take steps in case there are physical injuries. c. is a non-equitable doctrine frowned upon by modern courts. O d. requires the non-breaching party to take steps to minimize his/her damages