AIC 301 - Final Exam Prep
Questions And Correct Answers
The act of leaving a dangerous article such as a gun or car with a person who
the lender knows, or should know, is likely to use it in an unreasonably risky
manner is known as
Select one:
A. Negligent entrustment.
B. Contributory negligence.
C. Negligent supervision.
D. The dangerous instrumentality doctrine.
A. Negligent entrustment.
There was a large unmarked sinkhole on Charlotte's property, a short distance
from a public road. One evening, a police officer chased a mugger off the road
and onto Charlotte's property. Both the officer and the mugger fell into the
hole and were injured. Which one of the following best answers whether
Charlotte is liable for the injuries to the police officer and/or to the mugger?
Select one:
A. Charlotte is not liable to either the officer or the mugger, because occupiers of
land have no duty to correct defects abutting sidewalks or streets.
B. Charlotte is liable to both the officer and the mugger, because she had a duty
to avoid endangering travelers with an unguarded ditch.
,C. Charlotte is not liable to the officer or the mugger, because they were both
trespassers on her property.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer
was a licensee, but she is not liable to the trespassing mugger.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer
was a licensee, but she is not liable to the trespassing mugger.
Antonia was a life tenant who occupied a house at 33 Main Street. Emil had a
remainder interest in the property and planned to occupy it after Antonia's
death. Antonia obtained property insurance covering the house, through
Richley Insurance Co. The house was destroyed by fire during Antonia's life
estate. Richley must pay the insurance policy proceeds to
Select one:
A. Emil, under the doctrine of equitable conversion.
B. Antonia, since she occupied the house at the time of the fire.
C. Antonia, because life tenants can recover the entire value of the property that
they insure.
D. Emil, because he will ultimately own the property.
C. Antonia, because life tenants can recover the entire value of the property that
they insure.
Cristobal is in the process of purchasing a home from Leah. They are in the
executory period. This means that
Select one:
, A. Cristobal and Leah have signed the real estate sales contract, but have not yet
closed.
B. Cristobal has made an offer and Leah has accepted verbally.
C. Cristobal and Leah have signed the real estate sales contract and have gone to
closing.
D. Cristobal has made a verbal offer, which Leah is considering.
A. Cristobal and Leah have signed the real estate sales contract, but have not yet
closed.
Kirk contracts with Ernest for five shipments of fresh produce at a specific price
per shipment due at the time of delivery. Kirk fails to ship the third shipment.
The contract between Kirk and Ernest is
Select one:
A. Void.
B. Unilateral.
C. Divisible.
D. Entire.
C. Divisible. A contract is divisible if each party's performance can be divided into
two or more parts and if it appears that the parties to the contract contemplated
separate compensation for each installment of the performance. Failure to
perform one installment is not failure to perform the entire agreement. If the
contract is divided into parts only to provide periodic payments toward the full
amount due upon contract completion, the contract is an entire contract, not a
divisible one. When possible, courts prefer to interpret contracts as divisible to
avoid hardships that can result from delaying payments under the contract until
full performance has been completed.
Questions And Correct Answers
The act of leaving a dangerous article such as a gun or car with a person who
the lender knows, or should know, is likely to use it in an unreasonably risky
manner is known as
Select one:
A. Negligent entrustment.
B. Contributory negligence.
C. Negligent supervision.
D. The dangerous instrumentality doctrine.
A. Negligent entrustment.
There was a large unmarked sinkhole on Charlotte's property, a short distance
from a public road. One evening, a police officer chased a mugger off the road
and onto Charlotte's property. Both the officer and the mugger fell into the
hole and were injured. Which one of the following best answers whether
Charlotte is liable for the injuries to the police officer and/or to the mugger?
Select one:
A. Charlotte is not liable to either the officer or the mugger, because occupiers of
land have no duty to correct defects abutting sidewalks or streets.
B. Charlotte is liable to both the officer and the mugger, because she had a duty
to avoid endangering travelers with an unguarded ditch.
,C. Charlotte is not liable to the officer or the mugger, because they were both
trespassers on her property.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer
was a licensee, but she is not liable to the trespassing mugger.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer
was a licensee, but she is not liable to the trespassing mugger.
Antonia was a life tenant who occupied a house at 33 Main Street. Emil had a
remainder interest in the property and planned to occupy it after Antonia's
death. Antonia obtained property insurance covering the house, through
Richley Insurance Co. The house was destroyed by fire during Antonia's life
estate. Richley must pay the insurance policy proceeds to
Select one:
A. Emil, under the doctrine of equitable conversion.
B. Antonia, since she occupied the house at the time of the fire.
C. Antonia, because life tenants can recover the entire value of the property that
they insure.
D. Emil, because he will ultimately own the property.
C. Antonia, because life tenants can recover the entire value of the property that
they insure.
Cristobal is in the process of purchasing a home from Leah. They are in the
executory period. This means that
Select one:
, A. Cristobal and Leah have signed the real estate sales contract, but have not yet
closed.
B. Cristobal has made an offer and Leah has accepted verbally.
C. Cristobal and Leah have signed the real estate sales contract and have gone to
closing.
D. Cristobal has made a verbal offer, which Leah is considering.
A. Cristobal and Leah have signed the real estate sales contract, but have not yet
closed.
Kirk contracts with Ernest for five shipments of fresh produce at a specific price
per shipment due at the time of delivery. Kirk fails to ship the third shipment.
The contract between Kirk and Ernest is
Select one:
A. Void.
B. Unilateral.
C. Divisible.
D. Entire.
C. Divisible. A contract is divisible if each party's performance can be divided into
two or more parts and if it appears that the parties to the contract contemplated
separate compensation for each installment of the performance. Failure to
perform one installment is not failure to perform the entire agreement. If the
contract is divided into parts only to provide periodic payments toward the full
amount due upon contract completion, the contract is an entire contract, not a
divisible one. When possible, courts prefer to interpret contracts as divisible to
avoid hardships that can result from delaying payments under the contract until
full performance has been completed.
