BUL3310 REVIEW QUESTIONS WITH
VERIFIED ANSWERS
Which of the following statements about assumption of the risk is true? - Answer-
Traditionally, a plaintiff who assumed the risk cannot recover damages from the
defendant
A plaintiff must be aware of the particular risks associated with the activity
A plaintiff's assumption of the risk must be voluntary
The doctrine of negligence per se applies in which of the following cases? - Answer-
Defendant driver caused a car accident by running a red light
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against hunting. If
Neighbor sues Hunter, - Answer-Hunter will be liable for willful trespass to land, punitive
damages, may have to pay neighbor's court costs and attorney's fees
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the standard
quality control checks in the industry. Unfortunately, a significant number of their bottles
of shampoo has too much "scalp chemical" and is causing people to go bald. Under
what legal theory is Vidal most at risk? - Answer-Strict Tort Product Liability
Which of the following could be argued by the defendant in a product liability case
based on strict liability to limit the dollar amount of the damages awarded to the
plaintiff? - Answer-The product was based on state of the art design
The manufacturer exercised all reasonable care in the manufacture of the product
The user was careless or misused the product
What is another term for strict liability? - Answer-Liability without fault
T or F: Courts generally cannot order specific performance when the contract is for
personal services because of the Thirteenth Amendment - Answer-True
Betty Buyer discovers that the pin she bought from Sally Seller is not a ruby as Sally
had claimed. She believes that Sally's misrepresentation was innocent, but she wants to
get her money back. The contract remedy Betty should seek is: - Answer-Recission
T or F: In an accord and satisfaction, the accord is the new agreement - Answer-True
An illusory promise is created when - Answer-The promise is conditional on an event
happening first that is totally within the prommissor's control
,T or F: Under the Code, parties may agree to modify the terms of an existing contract
without providing new consideration - Answer-True
T or F: An illusory promise is consideration for a unilateral contract, but not for a
bilateral contract - Answer-False
Which of the following statements about the Uniform Commercial Code is false? -
Answer-The Code is only concerned that a contract reflect a freely bargained for
exchange; it does not look to see if the contract provisions are one-sided or
unconscionable
Detrimental reliance is another term for - Answer-Promissory estoppel
T or F: Sham consideration is sufficient for a unilateral contract, but not for a bilateral
contract - Answer-False
Local Delivery Service had a one year contract with Supply Co. to make four deliveries
a month to Supply's customers who live across the Bay. There is only one bridge
spanning the Bay for 200 miles in each direction. Without warning, the state closed the
bridge to all traffic for 10 months after an inspection revealed dangerous structural
problems. Local now has to travel an extra 400 miles for each of the scheduled
deliveries. Local asked Supply Co. agreed. Under common law, this is an enforceable
contract? - Answer-Yes, the request is made in good faith for an unforeseen difficulty
Under common law, modifications to existing contracts require ____ to be enforceable. -
Answer-New consideration
Which of the following is an illusory promise? - Answer-"I will go with you to the donkey
basketball game if I can't think of anything better to do."
The Garcia family hired Home Improvements, Inc., a local construction company, to put
an addition on their home. What type of law governs the contract between the Garcia's
and Home Improvement? - Answer-State common law
T or F: Contracts formed by the conduct of the parties, rather than expressed in words,
are implied-in-law contracts - Answer-False
Plaintiff's duty to take steps to lessen the damages that result from a defendant's breach
of contract is the duty to ____. - Answer-Mitigate
T or F: Contracts formed by the conduct of the parties, rather than expressed in words,
are implied-in-law contracts. - Answer-False
T or F: Rescission is the remedy that cancels the contract and returns each party to his
pre-contract position - Answer-True
, Bob promised to pave Sue's driveway and Sue promised to pay him $5,000 when the
work was completed. The contract between Bob and Sue is a ____ contract. - Answer-
Bilateral
Typically in construction contracts there will be a provision awarding damages to the
buyer at "X" amount of dollars per day for each day the builder is late in completing the
work. The parties to the contract agree upon this amount in advance because they
know the buyer will incur added costs, or will lose profits, because of the delay. If the
amount fixed for the damages is unreasonably high, the court will consider it a ____ and
will not enforce it. - Answer-Penalty
In an accord and satisfaction, the accord is - Answer-The substitute agreement
T or F: Under the Uniform Commercial Code, provisions in a contract will not be
enforced if they are so one-sided and unfair that the provisions are unconscionable. -
Answer-True
T or F: Courts do not enforce output contracts as a matter of public policy - Answer-
False
T or F: In bilateral contracts, both parties must be bound to the contract or neither party
is bound. - Answer-True
Which of the following is an example of an unliquidated debt? - Answer-A bill sent to
homeowner by contractor for an additional 500 for cost overruns: owner claims he will
pay only 250
T or F: Under the common law, modifications to existing contracts required new
consideration from each party - Answer-True
Which of the following is an unliquidated debt? - Answer-A bill from a divorce lawyer for
$8,000 that is past due, interest to run at 5%. Client is actively disputing the number of
hours billed and other charges.
T or F: Nominal consideration is another term for sham consideration - Answer-False
T or F: A plaintiff may be awarded either compensatory damages or consequential
damages, but not both - Answer-False
Betty Buyer discovers that the pin she brought from Sally Seller is not a ruby as Sally
had claimed. She believes that Sally's misrepresentation was innocent, but she wants to
get money back. The contract remedy Betty should seek is - Answer-Rescission
Manny Manufacturer sent an e-mail to its widget supplier with this message: "Please
confirm by return e-mail if you will be able to send me an additional ten dozen red
widgets for the usual price by the thirtieth of this month." Supplier e-mailed back: "Yes,
VERIFIED ANSWERS
Which of the following statements about assumption of the risk is true? - Answer-
Traditionally, a plaintiff who assumed the risk cannot recover damages from the
defendant
A plaintiff must be aware of the particular risks associated with the activity
A plaintiff's assumption of the risk must be voluntary
The doctrine of negligence per se applies in which of the following cases? - Answer-
Defendant driver caused a car accident by running a red light
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against hunting. If
Neighbor sues Hunter, - Answer-Hunter will be liable for willful trespass to land, punitive
damages, may have to pay neighbor's court costs and attorney's fees
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the standard
quality control checks in the industry. Unfortunately, a significant number of their bottles
of shampoo has too much "scalp chemical" and is causing people to go bald. Under
what legal theory is Vidal most at risk? - Answer-Strict Tort Product Liability
Which of the following could be argued by the defendant in a product liability case
based on strict liability to limit the dollar amount of the damages awarded to the
plaintiff? - Answer-The product was based on state of the art design
The manufacturer exercised all reasonable care in the manufacture of the product
The user was careless or misused the product
What is another term for strict liability? - Answer-Liability without fault
T or F: Courts generally cannot order specific performance when the contract is for
personal services because of the Thirteenth Amendment - Answer-True
Betty Buyer discovers that the pin she bought from Sally Seller is not a ruby as Sally
had claimed. She believes that Sally's misrepresentation was innocent, but she wants to
get her money back. The contract remedy Betty should seek is: - Answer-Recission
T or F: In an accord and satisfaction, the accord is the new agreement - Answer-True
An illusory promise is created when - Answer-The promise is conditional on an event
happening first that is totally within the prommissor's control
,T or F: Under the Code, parties may agree to modify the terms of an existing contract
without providing new consideration - Answer-True
T or F: An illusory promise is consideration for a unilateral contract, but not for a
bilateral contract - Answer-False
Which of the following statements about the Uniform Commercial Code is false? -
Answer-The Code is only concerned that a contract reflect a freely bargained for
exchange; it does not look to see if the contract provisions are one-sided or
unconscionable
Detrimental reliance is another term for - Answer-Promissory estoppel
T or F: Sham consideration is sufficient for a unilateral contract, but not for a bilateral
contract - Answer-False
Local Delivery Service had a one year contract with Supply Co. to make four deliveries
a month to Supply's customers who live across the Bay. There is only one bridge
spanning the Bay for 200 miles in each direction. Without warning, the state closed the
bridge to all traffic for 10 months after an inspection revealed dangerous structural
problems. Local now has to travel an extra 400 miles for each of the scheduled
deliveries. Local asked Supply Co. agreed. Under common law, this is an enforceable
contract? - Answer-Yes, the request is made in good faith for an unforeseen difficulty
Under common law, modifications to existing contracts require ____ to be enforceable. -
Answer-New consideration
Which of the following is an illusory promise? - Answer-"I will go with you to the donkey
basketball game if I can't think of anything better to do."
The Garcia family hired Home Improvements, Inc., a local construction company, to put
an addition on their home. What type of law governs the contract between the Garcia's
and Home Improvement? - Answer-State common law
T or F: Contracts formed by the conduct of the parties, rather than expressed in words,
are implied-in-law contracts - Answer-False
Plaintiff's duty to take steps to lessen the damages that result from a defendant's breach
of contract is the duty to ____. - Answer-Mitigate
T or F: Contracts formed by the conduct of the parties, rather than expressed in words,
are implied-in-law contracts. - Answer-False
T or F: Rescission is the remedy that cancels the contract and returns each party to his
pre-contract position - Answer-True
, Bob promised to pave Sue's driveway and Sue promised to pay him $5,000 when the
work was completed. The contract between Bob and Sue is a ____ contract. - Answer-
Bilateral
Typically in construction contracts there will be a provision awarding damages to the
buyer at "X" amount of dollars per day for each day the builder is late in completing the
work. The parties to the contract agree upon this amount in advance because they
know the buyer will incur added costs, or will lose profits, because of the delay. If the
amount fixed for the damages is unreasonably high, the court will consider it a ____ and
will not enforce it. - Answer-Penalty
In an accord and satisfaction, the accord is - Answer-The substitute agreement
T or F: Under the Uniform Commercial Code, provisions in a contract will not be
enforced if they are so one-sided and unfair that the provisions are unconscionable. -
Answer-True
T or F: Courts do not enforce output contracts as a matter of public policy - Answer-
False
T or F: In bilateral contracts, both parties must be bound to the contract or neither party
is bound. - Answer-True
Which of the following is an example of an unliquidated debt? - Answer-A bill sent to
homeowner by contractor for an additional 500 for cost overruns: owner claims he will
pay only 250
T or F: Under the common law, modifications to existing contracts required new
consideration from each party - Answer-True
Which of the following is an unliquidated debt? - Answer-A bill from a divorce lawyer for
$8,000 that is past due, interest to run at 5%. Client is actively disputing the number of
hours billed and other charges.
T or F: Nominal consideration is another term for sham consideration - Answer-False
T or F: A plaintiff may be awarded either compensatory damages or consequential
damages, but not both - Answer-False
Betty Buyer discovers that the pin she brought from Sally Seller is not a ruby as Sally
had claimed. She believes that Sally's misrepresentation was innocent, but she wants to
get money back. The contract remedy Betty should seek is - Answer-Rescission
Manny Manufacturer sent an e-mail to its widget supplier with this message: "Please
confirm by return e-mail if you will be able to send me an additional ten dozen red
widgets for the usual price by the thirtieth of this month." Supplier e-mailed back: "Yes,
