Exam with Verified Answers | 2026 |
Quiz_________________?
-common words are given their usual meaning,
-handwritten trumps typed, typed trumps printed;
-when only one of the parties drafts a contract, the court will interpret ambiguous/vague
terms against the party that drafts them -
ANSWER✅
rules of interpretation
Quiz_________________?
-injurious falsehood/*trade* libel - publication of lies that concerning plaintiff that causes
loss/damages (comparative advertising - P&G)
-intentional interference with contractual obligation - know that contract exists between 2
companies but interferes with it anyway and the other company faces economic detriment -
ANSWER✅
Interference with business relation
Quiz_________________?
1
, (Affirmative defenses)
*Contributory negligence*- if plaintiff is 1 percent or more responsible, they they are barred
from receiving compensation
Comparative- jury decides % of faults and applies that to the amount awarded (partial) or if
plaintiff is >50% responsible, they are barred from getting damages (can receive if less than
50% and is divided based on % responsible)
*Assumption of Risk* - Plaintiff know about risk and willingly engaged anyway, barred from
receiving damages -
ANSWER✅
Defenses for Negligence
Quiz_________________?
(intentional/negligent)
intentional extreme or outraguous conduct that causes damage -
ANSWER✅
Infliction of emotional distress
Quiz_________________?
1. the offer expressly limits acceptance to the original terms
2. the proposed terms materially alter the contract
3. the offeror rejects the proposed terms -
ANSWER✅
UCC allows changes to the mirror image rule unless
Quiz_________________?
14 weeks severance on the condition that materials are returned, but they weren't
Produce market didn't pay
2
, Hughes tried to argue materiality, comparing the severance to the items
Not work -- condition precedence -
ANSWER✅
St Louis Market VS Hughes
Quiz_________________?
2 prosecutions from state and feds -
ANSWER✅
Double jeopardy
Quiz_________________?
3 parties contract to relieve 1 party from the contract -
ANSWER✅
Novation
Quiz_________________?
a landowner may also own the liquids, gases, and minerals beneath the land -
ANSWER✅
subsurface rights
Quiz_________________?
a level of performance below what is reasonably acceptable; a substantial failure, without
excuse
Bad party cannot sue -
ANSWER✅
3
, material breach
Quiz_________________?
a person's ability to be bound by a contract, only minors, intoxicated persons and mentally
incompetent person are considered to be lacking capacity -
ANSWER✅
Capacity
Quiz_________________?
a reasonable person must forsee bad outcome from negligence
-Duty of care - must actually have 'duty' to preform
-Breach of duty - unreasonable behavior - when facts speak for themselves 'res ipsa loquita'
-Causation in fact - defendant actually caused the injury *material* can have joint severly
liable
-Proximate causation - the injury to the plaintiff was forseeable (Palsgraff V Long Island
railroad - the scale falling on her was not forseeable)
-Actual injury -
ANSWER✅
Negligence - Requirements
Quiz_________________?
a situation in which parties to a contract reach a bargain on the basis of an incorrect
assumption common to both parties (either party can resend) -
ANSWER✅
mutual mistake
4