ACTUAL Exam Questions and CORRECT
Answers
As to common law offers, an acceptance that is materially different from the term of the offer is -
CORRECT ANSWER - a rejection of the offer
to prove assault, the plaintiff must establish that - CORRECT ANSWER - the threatened
contact took place
under section 402A of the "Restatement (second) of Torts" - CORRECT ANSWER - the
plaintiff must prove a breach of duty on the defendants part
civil law - CORRECT ANSWER - defines public wrongs prohibited by a state or federal
government
compensatory damages - CORRECT ANSWER - Courts will not awards damage if the
plaintiff's loss is speculative.
Which of the true statements concerning offers except - CORRECT ANSWER - The death of
the offeror terminates the offer
Knowing that X idolizes ice skaters. Amy tries to sell her car to X by telling her that a
professional ice skater once rode in the car. Relying on Amy's representation X buys the cars. -
CORRECT ANSWER - Amy's statement to X was material fact
Much to Mrs. Howell's dismay, her beloved Howell's signs offer $500 to find his dog. Marry
except his offer. - CORRECT ANSWER - Yes, Marry will get $500, when she brings his dog.
Karen offers to sell Grace five pairs of Jimmy Chu shoes she has never worn. Grace decides to
consider the offer. However, before Grace has a chance to accept, Karen changes her mind and
, tells Grace that she revokes her offer. Grace becomes angry and tells Karen that she (Karen) had
no right to revoke the offer before Grace had made a decision about the shoes. Is Grace correct? -
CORRECT ANSWER - No, because Karen can revoke her offer any time before Grace
accepts.
While performing their professional duties, doctors, lawyers, and accountants must generally
exercise the knowledge, skill, and care of: - CORRECT ANSWER - those in profession
During a televised, title prize fight at a Las Vegas hotel, Oscar threw a punch which hit Mike in
the face. As a result: - CORRECT ANSWER - Since Mike consented to the fight, he has no
legal action against Oscar.
Randi had her brakes fixed by Independent Car Repair. Randi paid $400 for the repair, but
immediately noticed that the brakes were not functioning. She continued to drive the car without
complaining to Independent Car Repair. The next day, Randi collided into a concrete wall when
the brakes failed. Randi was uninjured. However, her $12,000 car was completely destroyed.
Under these circumstances: - CORRECT ANSWER - Independent Car Repair breached the
contract by failing to correctly fix the brakes. It owes Randi a refund of $400 for that breach. A
court would probably find that it did not owe Randi the $12,000 since Randi had a duty to
mitigate her contractual damages by reducing the risk of further damage; i.e.returning the car for
repair.
Catherine, a new property owner, was told by the previous owner that the home she purchased
had no termites and no termite damage. One month after taking possession of the property,
Catherine knew that her home was infested with termites because she saw evidence of their
presence. In addition, an exterminator told her that the pests had caused damage to the wood
structure. However, Catherine loved her home and lived in the home for ten more years. When
Catherine decided to relocate, she filed a lawsuit against the previous owner based on fraud. As a
result, Catherine will: - CORRECT ANSWER - lose her lawsuit.
Regarding a statute of limitations, all of the following statements are true except: - CORRECT
ANSWER - The time limit for filing a particular type of claim is uniform throughout the
various state jurisdictions.