BUL3310 PRACTICE TEST QUESTIONS
WITH VERIFIED ANSWERS – UPDATED!!
Which of the following is the kind of contract in which each party offers as consideration
a promise to do something?
1. Quasi
2. Bi-lateral
3.Implied in law
4. Unilateral - Answer-2
Hilary sold Meredith a broach that had belonged to her mother. She told Meredith, in
good faith, that it was a genuine cameo from the 1880's. In fact, it was a copy
manufactured in the 1980's out of polymers. Meredith can rescind the contract based on
1.Innocent misrepresentation
2.Unilateral mistake of fact
3.Fraudulent misrepresentation
4.Unilateral mistake of value - Answer-1
The purpose of reformation is to correct the written contract to reflect the actual
intentions of the parties.
True
False - Answer-True
Assume that Big Drug Company BDC was one of ten drug manufactures who produced
and sold in the Cleveland area a drug that was found to cause cancer in women whose
mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her
mother took were actually manufactured by BDC, but she does know that BDC
controlled 40 percent of the market for that drug in the Cleveland area when her mother
was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to
collect 40,000 from BDC if her state follows the doctrine of .
(select all the answer options that are correct)
1. Res ipsa loquitur
2.Negligence per se
3.Joint Industry Liability
4.Market share liability - Answer-4
,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. for an additional 60 per trip above the contract price
and Supply Co. agreed. Under common law, is this an enforceable contract?
1. No, Local has a pre-existing duty under the contract to make the deliveries
2. Yes, the request is made in good faith for an unforeseen difficulty
3. No, Supply Co. will receive no new benefit.
4. No, Local will incur no new duty - Answer-2
Only liquidated debts can be discharged in an accord and satisfaction
True
False - Answer-False
C.I.F. in a sales contract indicates that the price includes the cost of the goods,
insurance and shipping charges.
Group of answer choicesTrueFalse - Answer-True
The doctrine under which employers are liable for torts committed by employees while
they are acting within the scope of their employment is .
1.Negligence per se
2.Res ipsa loquitur.
3.Joint and several liability
4.Respondeat superior - Answer-4
Which of the following is/are not an element of promissory estoppel?
(select all answer options that are correct)
1. There must be an underlying enforceable bilateral contract.
2. The promissor must foresee that the promissee would rely on the promise.
3.The promisee suffered damages as a result of reasonably relying on the promise
4.The promissee did in fact reasonably rely on the promise. - Answer-None (I don't
think)
Giving up the right to do something that one is legally entitled to do can serve as
consideration in a contract.
True
False - Answer-True
A plaintiff may be awarded either compensatory damages or consequential damages,
but not both.
True
False - Answer-False
The doctrine that creates a rebuttable presumption that a defendant was negligent
based on the nature and circumstances of the injury is
1.Contributory negligence
2.Malpractice
3.Negligence per se
4.Res ipsa loquitur - Answer-4
,Quasi-contract is another term for an implied-in-fact contract.
True
False - Answer-False
Article 2A of the Code governs
Leases of goods
Consignments
Sales of securities
Sales of fixtures - Answer-Leases of goods
Which of the following theories of liability does not involve wrongdoing by the
defendant?
Negligence
Intentional torts
Duress
Strict liability - Answer-Strict liability
An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering.
True
False - Answer-True
The famous American case that established that a defendant can be liable in
negligence only for those damages that are foreseeable is?
Roe v Wade
Marbury v. Madison
Plessey v Fergerson
Palsgraph v Long Island Railroad Co. - Answer-Palsgraph v Long Island Railroad Co.
A duty is a legal obligation imposed by law or voluntarily assumed by promise.
True
False - Answer-True
The greater the risk in a situation, the higher the duty of care.
True
, False - Answer-True
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission,
an agent from Big Ad Agency took a picture of them as they slept and used it in a full-
page ad in a national magazine. The agency had superimposed an image of a man in a
business suit, working on a laptop, sitting next to them. The caption read "Our Brokers
Never Sleep." Pam and Sam could sue Big Ad for?
Public nuisance
Invasion of the right to privacy
Slander
Private nuisance - Answer-Invasion of the right to privacy
All property other than land is classified as:
(select all the answer options that are correct)
Res ownership
Res personam
Chattel
General intangibles - Answer-Chattel
Under which doctrine will a plaintiff who contributed to his or her own injuries recover
nothing from a negligent defendant?
Contributory negligence
Modified comparative negligence
None of the above: an injured plaintiff will recover some amount in any case in which
defendant's negligence is proved.
Pure comparative negligence - Answer-Contributory negligence
Mary saw two boys swimming across a river she knew had a deep and dangerous
channel. She did not warn the boys or try to stop them. If one of the boys were injured,
could Mary be sued for negligence?
Yes, because all adults have a duty of care to all minors
WITH VERIFIED ANSWERS – UPDATED!!
Which of the following is the kind of contract in which each party offers as consideration
a promise to do something?
1. Quasi
2. Bi-lateral
3.Implied in law
4. Unilateral - Answer-2
Hilary sold Meredith a broach that had belonged to her mother. She told Meredith, in
good faith, that it was a genuine cameo from the 1880's. In fact, it was a copy
manufactured in the 1980's out of polymers. Meredith can rescind the contract based on
1.Innocent misrepresentation
2.Unilateral mistake of fact
3.Fraudulent misrepresentation
4.Unilateral mistake of value - Answer-1
The purpose of reformation is to correct the written contract to reflect the actual
intentions of the parties.
True
False - Answer-True
Assume that Big Drug Company BDC was one of ten drug manufactures who produced
and sold in the Cleveland area a drug that was found to cause cancer in women whose
mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her
mother took were actually manufactured by BDC, but she does know that BDC
controlled 40 percent of the market for that drug in the Cleveland area when her mother
was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to
collect 40,000 from BDC if her state follows the doctrine of .
(select all the answer options that are correct)
1. Res ipsa loquitur
2.Negligence per se
3.Joint Industry Liability
4.Market share liability - Answer-4
,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. for an additional 60 per trip above the contract price
and Supply Co. agreed. Under common law, is this an enforceable contract?
1. No, Local has a pre-existing duty under the contract to make the deliveries
2. Yes, the request is made in good faith for an unforeseen difficulty
3. No, Supply Co. will receive no new benefit.
4. No, Local will incur no new duty - Answer-2
Only liquidated debts can be discharged in an accord and satisfaction
True
False - Answer-False
C.I.F. in a sales contract indicates that the price includes the cost of the goods,
insurance and shipping charges.
Group of answer choicesTrueFalse - Answer-True
The doctrine under which employers are liable for torts committed by employees while
they are acting within the scope of their employment is .
1.Negligence per se
2.Res ipsa loquitur.
3.Joint and several liability
4.Respondeat superior - Answer-4
Which of the following is/are not an element of promissory estoppel?
(select all answer options that are correct)
1. There must be an underlying enforceable bilateral contract.
2. The promissor must foresee that the promissee would rely on the promise.
3.The promisee suffered damages as a result of reasonably relying on the promise
4.The promissee did in fact reasonably rely on the promise. - Answer-None (I don't
think)
Giving up the right to do something that one is legally entitled to do can serve as
consideration in a contract.
True
False - Answer-True
A plaintiff may be awarded either compensatory damages or consequential damages,
but not both.
True
False - Answer-False
The doctrine that creates a rebuttable presumption that a defendant was negligent
based on the nature and circumstances of the injury is
1.Contributory negligence
2.Malpractice
3.Negligence per se
4.Res ipsa loquitur - Answer-4
,Quasi-contract is another term for an implied-in-fact contract.
True
False - Answer-False
Article 2A of the Code governs
Leases of goods
Consignments
Sales of securities
Sales of fixtures - Answer-Leases of goods
Which of the following theories of liability does not involve wrongdoing by the
defendant?
Negligence
Intentional torts
Duress
Strict liability - Answer-Strict liability
An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering.
True
False - Answer-True
The famous American case that established that a defendant can be liable in
negligence only for those damages that are foreseeable is?
Roe v Wade
Marbury v. Madison
Plessey v Fergerson
Palsgraph v Long Island Railroad Co. - Answer-Palsgraph v Long Island Railroad Co.
A duty is a legal obligation imposed by law or voluntarily assumed by promise.
True
False - Answer-True
The greater the risk in a situation, the higher the duty of care.
True
, False - Answer-True
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission,
an agent from Big Ad Agency took a picture of them as they slept and used it in a full-
page ad in a national magazine. The agency had superimposed an image of a man in a
business suit, working on a laptop, sitting next to them. The caption read "Our Brokers
Never Sleep." Pam and Sam could sue Big Ad for?
Public nuisance
Invasion of the right to privacy
Slander
Private nuisance - Answer-Invasion of the right to privacy
All property other than land is classified as:
(select all the answer options that are correct)
Res ownership
Res personam
Chattel
General intangibles - Answer-Chattel
Under which doctrine will a plaintiff who contributed to his or her own injuries recover
nothing from a negligent defendant?
Contributory negligence
Modified comparative negligence
None of the above: an injured plaintiff will recover some amount in any case in which
defendant's negligence is proved.
Pure comparative negligence - Answer-Contributory negligence
Mary saw two boys swimming across a river she knew had a deep and dangerous
channel. She did not warn the boys or try to stop them. If one of the boys were injured,
could Mary be sued for negligence?
Yes, because all adults have a duty of care to all minors
