Business Law- Sophia graded A+ 2022

Business Law- Sophia graded A+ 2022An example of foreseeable damages from a faulty repair of your car that led to an accident would be __________. · your loss of one year's wages from a job, since you were fired that day for being late after the accident · additional hotel and travel charges that you incurred, because you missed your flight that day as a result of the accident · your loss of a winning lottery ticket that blew away in the wind during the accident · the cost to repair your vehicle, as well as all damage to other vehicles involved in the accident the cost to repair your vehicle, as well as all damage to other vehicles involved in the accident Select the true statement about the Convention on Contracts for the International Sale of Goods (CISG). · It governs international sales contracts for all countries in the world. · Parties to the Convention must re-approve the treaty every five years. · It governs the international sale of services in addition to goods. · Its purpose is to unify contract law among countries to facilitate international trade. Its purpose is to unify contract law among countries to facilitate international trade. Select the statement that is true of consumer law prior to the 20th century. · It incorporated the concepts of express and implied warranties. · It was more important than it is now, because consumer products were less sophisticated. · It forced sellers to take financial responsibility for any defects in products they sold. · The burden of responsibility generally rested on the buyer. The burden of responsibility generally rested on the buyer. A manufacturer of a portable circular saw is sued by Dennis, who, while using the saw, put it down on the ground in front of him after it was shut off but while the blade was still turning. The still-circulating saw creeped across the floor, causing significant personal injury to Dennis' foot. Dennis sued the manufacturer for defective design of the circular saw based on it not having a brake mechanism or a retractable cover for the blade once the saw was turned off.How strong of a case does Dennis have in his strict liability lawsuit against the manufacturer based on the defective design of the circular saw? · Strong, but only if Dennis can prove that the saw was less safe when turned off than other saws on the market. · Weak, because there is no evidence that the saw was unreasonably dangerous in normal use. · Weak, because Dennis assumed the risk of injury when he chose to use a circular saw, which is known to be dangerous. · Strong, because the saw was unreasonably dangerous under circumstances that would be foreseeable as normal use by a consumer. Strong, because the saw was unreasonably dangerous under circumstances that would be foreseeable as normal use by a consumer. A technician from a utility company walks onto a homeowner's property to read the electrical meter and tramples some flowers that grow under the meter.Which type of intentional tort does this represent? · Misrepresentation · Invasion of privacy · This action does not rise to the level of an intentional tort. · Trespassing This action does not rise to the level of an intentional tort. Cynthia orders 100 blue shirts for her screenprinting business from Juan, a shirt supplier. When Cynthia receives the shirts, she discovers that Juan has sent her a batch of pink shirts. She rightfully rejects delivery, and the shirts are shipped back to Juan. Because of the delay in receiving the blue shirts, Cynthia is unable to fill a large order and loses $500 in sales.What remedy does Cynthia have in this scenario? · Cynthia may either replevy the shirts or sue Juan for specific performance. · Cynthia must fulfill the contract by paying for the blue shirts when they finally arrive, but she is entitled to recover damages relating to her business losses in the meantime. · Since she rejected the delivery, Cynthia has no recourse in this scenario except for a refund of the price she paid for the shirts. · Cynthia can cancel the contract with Juan and recover in full what she paid for the shirts, as well as sue for damages since she suffered a loss directly related to the non-delivery. Cynthia can cancel the contract with Juan and recover in full what she paid for the shirts, as well as sue for damages since she suffered a loss directly related to the non-delivery. Which of the following conditions always renders a contract unenforceable? · If the contract is informal (i.e., verbal rather than written) · If a party to the contract is unable to fulfill the terms of the contract · If a party to the contract is deemed incapacitated by intoxication or mental state · If the contract is deemed to be unfair to one party If a party to the contract is deemed incapacitated by intoxication or mental state A store employee drops a box of oranges while stocking the produce section, and oranges roll all over the floor. A customer steps on an orange and falls, injuring her arm. The customer sues the store employee for negligence.Assuming it is true, which of the following would represent a strong defense against the negligence claim? · The employee had already partially cleaned up the oranges when the customer fell. · The customer ignored a barrier that the employee had set up around the produce section of the store. · The customer was talking to her friend when the accident happened. · The customer has mounting debts and needs money to pay them off. The customer ignored a barrier that the employee had set up around the produce section of the store. To be enforceable, a contract typically must __________. · have mutual assent and legal capacity of both parties, and be in written form · have assent and consideration from at least one party, and have legal capacity and purpose from both parties · have mutual assent, legal value exchanged by both parties, and be entered into in good faith · have mutual assent, legal value exchanged by both parties, legal capacity of both parties, and be for a legal purpose have mutual assent, legal value exchanged by both parties, legal capacity of both parties, and be for a legal purpose In which scenario would strict liability most likely apply? · A hardware company fails to label its nails as dangerous to ingest. · A tobacco company fails to put a cancer warning on its cartons of cigarettes. · A baseball manufacturer fails to put an impact warning on its baseballs. · A scissor company fails to label its scissors as sharp. A tobacco company fails to put a cancer warning on its cartons of cigarettes. Last September, you and I discussed you cutting my lawn this summer for $50 per week. This June, you began cutting my lawn every week.We have a(n) __________. · quasi-contract · implied contract · express contract · unenforceable contract implied contract Which contract generally must be in writing under the Statute of Frauds? · Colin hires a contractor to remove several trees from his property next month. · George loans his daughter $300 to buy a new bicycle. · Shara and Asher form a prenuptial agreement before they get married. · Hilary hires a personal assistant to help with her catering business. Shara and Asher form a prenuptial agreement before they get married. A 60-year-old man develops lung cancer, and sues the manufacturer of an asbestos-containing material. The man worked in construction for 45 years, and often used the asbestos-containing material in building projects. He believes that the asbestos-containing material was unreasonably unsafe, because friends of his in the construction trade who used alternative materials did not develop lung cancer.How strong is the negligence case against the product manufacturer? · Weak, because proximate cause is difficult to prove in the absence of other, similarly-affected individuals. · Strong, because the alternative materials used by his friends were much safer. · Strong, because the manufacturer failed to warn users of the potential dangers of asbestos. · Weak, because the manufacturer can claim preemption. Weak, because proximate cause is difficult to prove in the absence of other, similarly-affected individuals. Malia signs a contract to purchase a used car. The seller breaches the contract, but Malia is able to buy the exact same car from another dealer at a better price. Malia sues the original seller and is awarded $2.This is an example of which type of monetary award? · Restitution · Nominal damages · Punitive damages · Incidental damages Nominal damages A drug manufacturer of an oral contraceptive is sued for strict product liability when Alana suffered severe side effects from the drug. The manufacturer defends against the claim on the basis of assumption of risk and proves that both the prescribing physician and Alana knew of the potential side effects, and that Alana continued to use the drug after she experienced those side effects.How strong is the manufacturer's defense against Alana's claim? · Strong, because Alana knew of the potential for side effects, actually suffered these side effects, and decided to continue to use the drug anyway. · Weak, because assumption of risk is not a recognized defense to strict product liability claims involving pharmaceuticals. · The strength of the defense cannot be determined without knowing if the drug came with a written warning about potential side effects. · Strong, because the utility of oral contraceptives outweighs their known side effects. CONCEPT Strong, because Alana knew of the potential for side effects, actually suffered these side effects, and decided to continue to use the drug anyway. An adult climbs over a fence onto a neighbor's property and falls into the pool, which is also surrounded by a fence.Assuming the adult is injured in a legally recognizable way, is the neighbor liable for negligence if the adult then sues? · Yes, because the adult had legally recognizable injuries. · Yes, because homeowners have a duty of care to anyone on their property at all times, no matter the circumstances. · No, because the adult was trespassing on his neighbor's property. · No, because the neighbor exercised a reasonable degree of care by fencing in her property and her pool. No, because the neighbor exercised a reasonable degree of care by fencing in her property and her pool. Which of the following scenarios would likely result in an order for specific performance or an injunction, rather than a monetary award? · A hospital hires a new CEO who signs a two-year employment contract. After six months, the CEO quits, and the hospital sues her for breach of contract. · Yolanda's landscaping company orders a new riding mower that is supposed to be delivered before Yolanda's next big job on Monday. The mower doesn't arrive until Friday, so Yolanda loses out on that job. Yolanda sues the company that promised her the riding mower for breach of contract. · Joyce signs a contract to purchase her first home for $180,000 from Mei. Mei then gets a better offer, and breaks her contract with Joyce. Joyce sues Mei for breach of contract. · A homeowner requests that a fencing company install a particular brand of vinyl fence. The company ends up installing a different brand that looks and performs exactly the same. The homeowner sues for breach of contract. Joyce signs a contract to purchase her first home for $180,000 from Mei. Mei then gets a better offer, and breaks her contract with Joyce. Joyce sues Mei for breach of contract. Contracts allow a free society to __________. · engage in efficient economic exchanges · plan an orderly progression to capitalism · ensure economic equality among its members · do away with the need for law engage in efficient economic exchanges Tort law is similar to criminal law in that __________. · they both require a wrongful act by a defendant for the plaintiff to recover · they both have primarily developed in common law courts · they both require specific intent on the part of the defendant · they both require specific intent on the part of the plaintiff they both require a wrongful act by a defendant for the plaintiff to recover Select the example that is inconsistent with the provisions of the UCC for contract remedies for a seller's breach of contract. · An appliance company sells a defective stove that injures its owner. The sales contract excludes responsibility for consequential damages except those deemed unconscionable, so the company replaces the stove and compensates the woman for her injury. · The sales contract for a shoe company specifies that the statute of limitations for any charges of breach of contract shall be limited to two years. · In order to be more competitive with buyers, the sales contract for a television manufacturer extends the statute of limitations for breach of contract claims to six years. · In its sales contract, a software company specifies that its sole obligation in the event that its software is defective is to replace it with a non-defective copy. In order to be more competitive with buyers, the sales contract for a television manufacturer extends the statute of limitations for breach of contract claims to six years. Cynthia orders 100 shirts in a variety of colors for her screenprinting business from Juan, a shirt supplier. Before Juan ships the shirts, Cynthia calls him to inform him that she is going out of business and no longer needs the shirts. Juan decides to resell the 100 shirts at public auction. What further remedy does Juan have in this scenario? • If Cynthia becomes aware of the public auction, Juan may refuse to allow Cynthia to bid on the shirts since she is in breach of contract. • Since Juan is reselling the shirts at public auction and they are not a perishable good, he must notify Cynthia of the public sale and allow her to bid if she wishes. • If Juan sells the shirts at auction for more that the original contract price, he is obligated to share the profits, less any incidental costs, with Cynthia. • Juan may sell the shirts at public auction without notifying Cynthia, since she is in breach of contract. Since Juan is reselling the shirts at public auction and they are not a perishable good, he must notify Cynthia of the public sale and allow her to bid if she wishes.