and Conceptual Actual Emended Exam Questions
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Q1. An agreement between two or more competent parties enforceable by law is
a:
A) Statute
B) Contract
C) Tort
D) Bailment
Answer: B — A contract is legally binding between competent parties.
Q2. A proposal to make a contract is a:
A) Consideration
B) Offer
C) Acceptance
D) Revocation
Answer: B — Offer initiates a contract.
Q3. That which the promisor demands as the price for a promise is:
A) Consideration
B) Revocation
C) Execution
D) Tort
Answer: A — Consideration is the exchange element.
Q4. Contracts in which all terms have been fulfilled are:
A) Executory
B) Executed
C) Void
,D) Revoked
Answer: B — Executed = fully performed.
Q5. An agreement with no legal effect is a:
A) Void Contract
B) Voidable Contract
C) Unilateral Contract
D) Executed Contract
Answer: A — Void = legally unenforceable.
Torts & Negligence
Q6. A private or civil wrong, other than breach of contract, for which damages
may be sought is a:
A) Tort
B) Statute
C) Battery
D) Bailment
Answer: A — Tort is a civil wrong.
Q7. Failure to exercise ordinary care is legally termed:
A) Fraud
B) Negligence
C) Battery
D) Malpractice
Answer: B — Negligence = lack of due care.
Q8. An award intended to punish the defendant rather than compensate the
plaintiff is:
A) Compensatory damages
B) Nominal damages
C) Punitive damages
D) Liquidated damages
Answer: C — Punitive = punishment, not compensation.
, Q9. A funeral director allows a body to be released to the wrong family. This is an
example of:
A) Statutory violation
B) Negligence
C) Bailment breach
D) Battery
Answer: B — Failure to exercise due care in identification.
Q10. Negligence requires proof of:
A) Duty, breach, causation, damages
B) Intent, act, benefit, harm
C) Offer, acceptance, consideration
D) Competence, execution, statute, precedent
Answer: A — Four elements of negligence.
Property Law & Bailments
Q11. Land and objects permanently attached to land are known as:
A) Chattel property
B) Bailment
C) Real property
D) Movable property
Answer: C — Real property = land + fixtures.
Q12. Transfer of possession but not title of personal property under agreement is
a:
A) Bailment
B) Tort
C) Lease
D) Statute
Answer: A — Bailment = possession transfer without title.
Q13. A family leaves jewelry with the funeral home for dressing the deceased. The
funeral home is a: