LEGS 3010 FINAL EXAM QUESTIONS WITH CORRECT ANSWERS LATEST UPDATE 2025/2026
Which of the following is not an element of fraudulent misrepresentation?
A.) Justifiable reliance on the false statement by the innocent party.
B.)A false statement about a material fact of the contract.Intent to deceive.
C.) All of these are elements required to prove fraudulent misrepresentation.
D.) None of these are elements of fraudulent misrepresentation. - Answers C.) All of these are
elements required to prove fraudulent misrepresentation.
A voidable contract may be rescinded. TRUE OR FALSE - Answers TRUE
Which of the following in not generally an obstacle to genuine assent in a contract?
A.) Undue influence
B.) Unilateral mistake
C.) Duress
D.) Misrepresentation - Answers B.) Unilateral mistake
What exists if one party threatens the other party with physical harm to gain consent to a
contract?
A.) Undue influence
B.) Duress
C.) Misrepresentation
D.) Mistake - Answers B.) Duress
Which type of misrepresentation exists when the party making the statement would have known
the truth about the fact had it used reasonable care to discover it?
A.) Negligent misrepresentation
B.) Innocent misrepresentation
C.) Fraudulent misrepresentation
D.) Intentional misrepresentation - Answers A.) Negligent misrepresentation
Which of the following is true of a mutual mistake?
,A.) The mistake does not have a material effect on the agreement.
B.) The mistake is caused by a clerical error that resulted from gross negligence.
C.) One party makes a mistake about a material fact that the other party is ignorant of.
D.) A contract entered into based on mutual mistakes can be rescinded by either party. -
Answers D.) A contract entered into based on mutual mistakes can be rescinded by either party.
On the streets of New York, a man sells you a pocket watch for $20. He says all the watch
needs is a new battery and it will be just like new and work perfectly. You buy a new battery for
the watch, but the watch still does not work. The man selling the watch knew that the watch
would not work, even with a new battery, but he told you it would anyway.
A.) Fraudulent misrepresentation
B.) Innocent misrepresentation
C.) Lack of scienter
D.) Negligent misrepresentation
E.) Nondisclosure - Answers A.) Fraudulent misrepresentation
Taking advantage of one's dominant position in a relationship to unduly persuade the other
party is known as __________.
A.) undue influence
B.) misrepresentation
C.) duress
D.) bullying - Answers A.) undue influence
What degree of trust generally exists when a party is able to unduly influence another party?
A.) Low
B.) Moderate
,C.) High
D.) Depleted - Answers C.) High
The effect of both _____________ and ____________ is that the victim can either rescind the
contract or keep the contract and sue for damages.
A.) innocent misrepresentation; fraudulent
misrepresentation
B.)negligent misrepresentation; innocent misrepresentation C.) innocent misrepresentation;
intentional misrepresentation
D.) intentional misrepresentation; concealment
E.) negligent misrepresentation; fraudulent misrepresentation - Answers E.) negligent
misrepresentation; fraudulent misrepresentation
In a negligence action, what standard do courts use to evaluate the actions of an individual?
A.)Subjective standard.
B.) Reasonable person standard.
C.) Fault-based standard.
D.) Foreseeability standard. - Answers B.) Reasonable person standard.
Liability without fault is known as:
A.) Negligence.
B.) Strict liability
C.) Intentional tort.
D.) Misdemeanor. - Answers B.) Strict liability
Which doctrine allows a judge to infer that the defendant's negligence was the cause of the
plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care?
, A.) Res ipsa loquitur.
B.) Mens rea.
C.) In pari delicto.
D.)Actus reus. - Answers A.) Res ipsa loquitur.
Each of the following situations would qualify as a tort of trespass to realty except
A.) Linda enters the private school downtown after hours without permission.
B.) Linda continues sunbathing on her neighbors private beach after being told to leave by her
neighbor.
C.) Linda refuses to remove the statue that she placed on her neighbor's lawn after her neighbor
asked her to do so.
D.)Linda steals a watch from the passenger next to her in the subway.
E.)Linda plants several trees on a farmer's property without the farmer's permission. - Answers
D.)Linda steals a watch from the passenger next to her in the subway.
What is the purpose of punitive damages?
A.) To fully compensate the plaintiff.
B.) To recognize that the defendant committed a tort against the plaintiff.
C.) To punish the defendant.
D.) To collect insurance proceeds. - Answers C.) To punish the defendant.
In which tort, must a plaintiff prove that the defendant published a false statement of material
fact, about the plaintiff's product or service, that resulted in a loss of sales?
A.) Libel.
B.) Slander.
C.) Fraudulent misrepresentation.
Which of the following is not an element of fraudulent misrepresentation?
A.) Justifiable reliance on the false statement by the innocent party.
B.)A false statement about a material fact of the contract.Intent to deceive.
C.) All of these are elements required to prove fraudulent misrepresentation.
D.) None of these are elements of fraudulent misrepresentation. - Answers C.) All of these are
elements required to prove fraudulent misrepresentation.
A voidable contract may be rescinded. TRUE OR FALSE - Answers TRUE
Which of the following in not generally an obstacle to genuine assent in a contract?
A.) Undue influence
B.) Unilateral mistake
C.) Duress
D.) Misrepresentation - Answers B.) Unilateral mistake
What exists if one party threatens the other party with physical harm to gain consent to a
contract?
A.) Undue influence
B.) Duress
C.) Misrepresentation
D.) Mistake - Answers B.) Duress
Which type of misrepresentation exists when the party making the statement would have known
the truth about the fact had it used reasonable care to discover it?
A.) Negligent misrepresentation
B.) Innocent misrepresentation
C.) Fraudulent misrepresentation
D.) Intentional misrepresentation - Answers A.) Negligent misrepresentation
Which of the following is true of a mutual mistake?
,A.) The mistake does not have a material effect on the agreement.
B.) The mistake is caused by a clerical error that resulted from gross negligence.
C.) One party makes a mistake about a material fact that the other party is ignorant of.
D.) A contract entered into based on mutual mistakes can be rescinded by either party. -
Answers D.) A contract entered into based on mutual mistakes can be rescinded by either party.
On the streets of New York, a man sells you a pocket watch for $20. He says all the watch
needs is a new battery and it will be just like new and work perfectly. You buy a new battery for
the watch, but the watch still does not work. The man selling the watch knew that the watch
would not work, even with a new battery, but he told you it would anyway.
A.) Fraudulent misrepresentation
B.) Innocent misrepresentation
C.) Lack of scienter
D.) Negligent misrepresentation
E.) Nondisclosure - Answers A.) Fraudulent misrepresentation
Taking advantage of one's dominant position in a relationship to unduly persuade the other
party is known as __________.
A.) undue influence
B.) misrepresentation
C.) duress
D.) bullying - Answers A.) undue influence
What degree of trust generally exists when a party is able to unduly influence another party?
A.) Low
B.) Moderate
,C.) High
D.) Depleted - Answers C.) High
The effect of both _____________ and ____________ is that the victim can either rescind the
contract or keep the contract and sue for damages.
A.) innocent misrepresentation; fraudulent
misrepresentation
B.)negligent misrepresentation; innocent misrepresentation C.) innocent misrepresentation;
intentional misrepresentation
D.) intentional misrepresentation; concealment
E.) negligent misrepresentation; fraudulent misrepresentation - Answers E.) negligent
misrepresentation; fraudulent misrepresentation
In a negligence action, what standard do courts use to evaluate the actions of an individual?
A.)Subjective standard.
B.) Reasonable person standard.
C.) Fault-based standard.
D.) Foreseeability standard. - Answers B.) Reasonable person standard.
Liability without fault is known as:
A.) Negligence.
B.) Strict liability
C.) Intentional tort.
D.) Misdemeanor. - Answers B.) Strict liability
Which doctrine allows a judge to infer that the defendant's negligence was the cause of the
plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care?
, A.) Res ipsa loquitur.
B.) Mens rea.
C.) In pari delicto.
D.)Actus reus. - Answers A.) Res ipsa loquitur.
Each of the following situations would qualify as a tort of trespass to realty except
A.) Linda enters the private school downtown after hours without permission.
B.) Linda continues sunbathing on her neighbors private beach after being told to leave by her
neighbor.
C.) Linda refuses to remove the statue that she placed on her neighbor's lawn after her neighbor
asked her to do so.
D.)Linda steals a watch from the passenger next to her in the subway.
E.)Linda plants several trees on a farmer's property without the farmer's permission. - Answers
D.)Linda steals a watch from the passenger next to her in the subway.
What is the purpose of punitive damages?
A.) To fully compensate the plaintiff.
B.) To recognize that the defendant committed a tort against the plaintiff.
C.) To punish the defendant.
D.) To collect insurance proceeds. - Answers C.) To punish the defendant.
In which tort, must a plaintiff prove that the defendant published a false statement of material
fact, about the plaintiff's product or service, that resulted in a loss of sales?
A.) Libel.
B.) Slander.
C.) Fraudulent misrepresentation.
