CMGT 385 CONTRACTS AND LAW CAPSTONE BIG|
QUESTIONS WITH VERIFIED ANSWERS
What are the four essential elements required to prove negligence? - Answers - Duty,
breach of duty, causation, and damages.
How is professional negligence defined? - Answers - The failure to meet the established
standard of care.
What are common examples of professional negligence in engineering or construction?
- Answers - Design errors, construction defects, and safety violations.
What is the defense of comparative negligence? - Answers - A legal defense that
reduces the damages a plaintiff can recover based on the degree to which their own
negligence contributed to the injury.
What is the defense of assumption of risk? - Answers - A legal defense where the
defendant argues the plaintiff voluntarily and knowingly assumed the risks associated
with an activity.
What is the core requirement for proving strict liability? - Answers - No fault is required;
liability exists regardless of the care exercised.
What is a common application of strict liability regarding products? - Answers - Product
liability involving defective materials or equipment.
What types of activities typically trigger strict liability? - Answers - Abnormally
dangerous activities.
Provide two examples of abnormally dangerous activities that fall under strict liability. -
Answers - Blasting and the handling of hazardous materials.
Does exercising reasonable care protect a defendant from strict liability? - Answers -
No, strict liability applies regardless of the level of care exercised.
What is the definition of fraud in the context of intentional torts? - Answers - Intentional
misrepresentation
What does the tort of interference refer to? - Answers - Tortious interference with
contracts
What constitutes trespass? - Answers - Unauthorized entry onto property
, What is an 'offer' in contract law? - Answers - A definite proposal containing specific
terms.
What constitutes 'acceptance' of a contract? - Answers - An unqualified agreement to
the terms of an offer.
What is 'consideration' in the context of a contract? - Answers - The exchange of value,
such as money, services, or promises.
What does 'capacity' refer to in contract law? - Answers - The legal ability of the parties
involved to enter into a contract.
What is required for a contract to satisfy the element of 'legality'? - Answers - The
contract must have a lawful purpose and contain lawful terms.
What is the 'plain meaning' rule in contract interpretation? - Answers - The principle that
words in a contract should be given their ordinary, standard meaning.
How does the 'whole contract' principle guide interpretation? - Answers - It requires that
all provisions of a contract be read together as a cohesive whole rather than in isolation.
What role does 'custom and usage' play in interpreting a contract? - Answers - It allows
industry-specific practices and standards to be considered when determining the
meaning of contract terms.
What is the doctrine of 'contra proferentem'? - Answers - The rule that any ambiguities
in a contract should be interpreted against the party that drafted them.
How does the 'parol evidence' rule affect contract interpretation? - Answers - It limits the
use of external evidence outside of the written contract to interpret or modify its terms.
What are two common forms of written contract modifications? - Answers - Change
orders and amendments
What is required for a contract modification to be legally binding? - Answers - Additional
consideration (value exchanged)
What is necessary regarding the approval of contract changes? - Answers - Proper
authorization
How should contract modifications be maintained? - Answers - Through a formal written
record
Why is documentation essential for contract modifications? - Answers - To provide a
clear, written record of the agreed-upon changes
QUESTIONS WITH VERIFIED ANSWERS
What are the four essential elements required to prove negligence? - Answers - Duty,
breach of duty, causation, and damages.
How is professional negligence defined? - Answers - The failure to meet the established
standard of care.
What are common examples of professional negligence in engineering or construction?
- Answers - Design errors, construction defects, and safety violations.
What is the defense of comparative negligence? - Answers - A legal defense that
reduces the damages a plaintiff can recover based on the degree to which their own
negligence contributed to the injury.
What is the defense of assumption of risk? - Answers - A legal defense where the
defendant argues the plaintiff voluntarily and knowingly assumed the risks associated
with an activity.
What is the core requirement for proving strict liability? - Answers - No fault is required;
liability exists regardless of the care exercised.
What is a common application of strict liability regarding products? - Answers - Product
liability involving defective materials or equipment.
What types of activities typically trigger strict liability? - Answers - Abnormally
dangerous activities.
Provide two examples of abnormally dangerous activities that fall under strict liability. -
Answers - Blasting and the handling of hazardous materials.
Does exercising reasonable care protect a defendant from strict liability? - Answers -
No, strict liability applies regardless of the level of care exercised.
What is the definition of fraud in the context of intentional torts? - Answers - Intentional
misrepresentation
What does the tort of interference refer to? - Answers - Tortious interference with
contracts
What constitutes trespass? - Answers - Unauthorized entry onto property
, What is an 'offer' in contract law? - Answers - A definite proposal containing specific
terms.
What constitutes 'acceptance' of a contract? - Answers - An unqualified agreement to
the terms of an offer.
What is 'consideration' in the context of a contract? - Answers - The exchange of value,
such as money, services, or promises.
What does 'capacity' refer to in contract law? - Answers - The legal ability of the parties
involved to enter into a contract.
What is required for a contract to satisfy the element of 'legality'? - Answers - The
contract must have a lawful purpose and contain lawful terms.
What is the 'plain meaning' rule in contract interpretation? - Answers - The principle that
words in a contract should be given their ordinary, standard meaning.
How does the 'whole contract' principle guide interpretation? - Answers - It requires that
all provisions of a contract be read together as a cohesive whole rather than in isolation.
What role does 'custom and usage' play in interpreting a contract? - Answers - It allows
industry-specific practices and standards to be considered when determining the
meaning of contract terms.
What is the doctrine of 'contra proferentem'? - Answers - The rule that any ambiguities
in a contract should be interpreted against the party that drafted them.
How does the 'parol evidence' rule affect contract interpretation? - Answers - It limits the
use of external evidence outside of the written contract to interpret or modify its terms.
What are two common forms of written contract modifications? - Answers - Change
orders and amendments
What is required for a contract modification to be legally binding? - Answers - Additional
consideration (value exchanged)
What is necessary regarding the approval of contract changes? - Answers - Proper
authorization
How should contract modifications be maintained? - Answers - Through a formal written
record
Why is documentation essential for contract modifications? - Answers - To provide a
clear, written record of the agreed-upon changes
