1
CONCEPT
Monetary Awards
2
5/21 that's 24%
RETAKE THIS PRACTICE MILESTONE
5 questions were answered correctly.
16 questions were answered
incorrectly
.
When Tom's furniture delivery is delayed three weeks beyond the date stipulated in his contract, he has to
temporarily rent furniture to furnish his apartment. The delivery company is required to pay for his rented furniture.
This is an example of which type of monetary award?
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Consequential damages
Restitution
Punitive damages
Incidental damages
UNIT 2 — PRACTICE MILESTONE 2
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SCORE
5/21
CONCEPT
Products Liability
3
Select the statement that is true of current products liability law.
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A welder borrows a new face shield from a coworker when soldering metal in a new building. When sparks hit the
shield, they penetrate the plastic and burn the welder's face. The welder sues the manufacturer of the shield.
How strong is the negligence case against the product manufacturer?
It has changed little in the last several hundred years.
It forces buyers to take primary responsibility for the products they
purchase.
It shifts some of the costs of industrial expansion onto
manufacturers, rather than exclusively burdening consumers.
It is less important now that consumer products are more
sophisticated.
Weak, because there is no privity of contract between the welder
and the manufacturer.
Strong, because the product is clearly not safe for its intended use.
Weak, because the plaintiff knowingly assumed the risk of burns
CONCEPT
Negligent Products Liability
4
CONCEPT
Limitations on Contract Remedies
5
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Which of the following would be a legal justification for a seller to "avoid" a contract for a new car purchase?
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Jane sues the manufacturer of a treadmill after she was hurt when using it. While running, Jane stumbled and the
treadmill carried her violently backward, causing significant personal injuries. Jane argues that the treadmill had a
defective design by not incorporating a “kill switch” that would instantaneously stop the treadmill from moving if a
when he became a welder.
Strong, because the manufacturer did not place a warning on the
face shield.
The car's price is lower at another dealership.
The car's fuel efficiency is less than represented.
The buyer is 17 years old.
The buyer's down payment check bounced.
CONCEPT
Strict Products Liability
6
user stumbled.
How strong of a case does Jane have for strict product liability based on the defective design of the treadmill?
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Cynthia orders 100 blue shirts for her screenprinting business from Juan, a shirt supplier. When Cynthia receives
the shirts, she discovers that half of them are blue, but the other half are pink. She accepts the delivery, and says
nothing to Juan about the issue.
What remedy does Cynthia have in this scenario?
Weak, because in order for Jane to get injured in such a manner,
she must have been using the treadmill in a way for which it was not
designed.
Strong, because the treadmill was unreasonably dangerous under
normal use without a “kill switch,” a technology that is available and
not overly expensive to incorporate.
Weak, because none of the treadmills produced by this
manufacturer incorporate "kill switches."
Strong, because the dangers of running on a treadmill are not
commonly known.
CONCEPT
Buyer's Remedies Under the Uniform Commercial Code
7
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A tortious act is different from a criminal act in that __________.
Cynthia has no recourse, because a buyer surrenders all rights to
remedy if he or she accepts non-conforming goods.
Cynthia may recover what she paid for all of the shirts, since half of
the order was non-conforming.
Cynthia has no remedy unless she notifies Juan of the non-
conforming goods within a reasonable time period.
Cynthia can recover what she paid for the pink shirts, as well as any
compensatory damages that stem from the breach.
a criminal act is a public wrong against the people, and a tortious
act is a private wrong against an individual
a criminal act is always potentially punishable by incarceration, and
a tortious act is punishable only by monetary damages
a criminal act is purelyimmoral, while a tortious act is not
necessarily immoral
CONCEPT
Introduction to Tort Law
8
CONCEPT
Intentional Torts
9
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Two men at a baseball game get into an argument over the umpire's call, and one man throws a punch that hits the
other.
Which type of intentional tort does this represent?
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A man goes skydiving. He jumps out of the plane, and as he approaches the ground, a strong gust of wind comes
out of nowhere and causes him to land roughly. He suffers a broken ankle and sues the skydiving company for
a criminal act always involves violence, and a tortious act is always
nonviolent
Assault and battery
This action does not rise to the level of an intentional tort.
Battery only
Assault only
CONCEPT
Negligent Torts: Damages and Defenses
10
negligence.
Assuming it is true, which of the following would represent a strong defense against the negligence claim?
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Which of the following is a primary source of law for real estate contracts?
The man assumed the risks associated with a dangerous and
unpredictable activity like skydiving.
The man has been very vocal in the past about his dislike of the
owner of the skydiving company.
There is no circumstance that would defend against this negligence
claim.
The skydiving company had the man sign a form that released them
from all responsibility for injury under any circumstances.
CISG
Common law
Statutory law
CONCEPT
Sources of Contract Law
11
CONCEPT
Remedies in General Under the Uniform Commercial Code
12
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Select the sales contract that violates the provisions of the UCC for contract remedies.
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Which of the following best describes the essential elements of a valid and enforceable contract?
UCC
A sales contract that includes an unreasonable liquidated damages
clause
A sales contract that extends the statue of limitations for contract
breaches to three years
A sales contract that excludes commercially-related consequential
damages
A sales contract that excludes all remedies for contract breaches
CONCEPT
Contract Formation
13
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In which scenario would strict liability most likely apply?
Offer and acceptance, consideration, performance, and intent
Offer and acceptance, consideration, legality, and capacity
Performance, legality, consent, and written form
Consent, execution, performance, and structure
A man tosses a cigarette out of his car window, and it winds up
starting a fire.
A woman orders coffee from a restaurant and burns her mouth
when she takes her first sip.
A man stands on a chair to reach a book. The chair tips over and he
falls.
A woman ingests a pesticide that was packaged in a bottle
resembling a juice container.
CONCEPT
Strict Liability
14
CONCEPT
Problems with Strict Products Liability
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A glass soda bottle manufacturer is sued for strict product liability after Roger is injured by a soda bottle that
exploded when he attempted to open it by banging it across a steel radiator. The manufacturer defends against
strict product liability by alleging that Roger intentionally misused the glass bottle by trying to open the bottle as he
did instead of usinga bottle opener.
How does Roger's claim stand up to the manufacturer's defense?
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Roger is likely to lose, because banging a glass bottle against a
steel radiator to open it could reasonably be considered a misuse of
the product.
Roger is likely to win, because misuse of a product is not a
recognized defense to strict products liability claims.
Roger is likely to win, because the soda bottle did not come with a
warning that it should only be opened with an appropriate bottle
opener.
Roger is likely to lose, because he suffered no real economic loss
when the soda bottle exploded.
15
CONCEPT
Negligent Torts: Liability
16
Two men pass one another on a street. One man has a large dog, who barks loudly at the other man when they
pass.
Is the dog owner liable for negligence if the other man sues?
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Which contract generally must be in writing under the Statute of Frauds?
Yes, because it was foreseeable that a dog might bark at someone
passing by.
Yes, because there was a lack of intent to cause harm.
No, because there was no legally recognizable injury.
No, because causation would be difficult to prove.
Rory plans to purchase a used car for $12,000.
Walter orders a meal to go from his favorite pizza restaurant.
CONCEPT
Statute of Frauds
17
CONCEPT
General Perspectives on Contracts
18
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Contracts and contract law __________ economic transactions.
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Select the factor that would always render a contract unenforceable.
Darcy agrees to write a college application essay for a friend, who
will pass it off as his own.
Masha promises to pay $1,000 toward a vacation rental that he is
renting with his sister.
discourage
complicate
organize
limit
CONCEPT
Unenforceable Contracts
19
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When is the remedy of specific performance justified?
If a party to the contract lacks the mental capacity to understand the
contract
If a party to the contract changes his or her mind
If a party to the contract lacks the ability to financially perform their
obligations under the contract
If the terms of the contract are not in writing
When the injured party requests it
When the party in breach of the contract has a demonstrated history
of breaking contracts
When a monetary award of compensatory damages would not be
adequate to pay the damages suffered
When the party in breach of the contract is unable to pay
compensatory monetary damages
CONCEPT
Equitable Remedies: Specific Performance and Injunction
20
CONCEPT
Different Types of Contracts
21
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Which of the following is an example of an implied contract?
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Cynthia orders 100 shirts in a variety of colors for her screenprinting business from Juan, a shirt supplier. Juan
ships the shirts right away, but three months go by and Cynthia still has not paid for them.
What remedy does Juan have in this scenario?
Cheryl cleans her neighbor's house after they negotiate a price of
$100.
Jonah hires a plumber to complete repairs to his bathroom, for
which he promises to pay $200.
Hannah orders a pizza for delivery, which will cost $20.
Alec agrees to buy Fiona's computer for $400.
CONCEPT
Seller's Remedies Under the Uniform Commercial Code
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Juan may recover the shirts that he shipped to Cynthia if they are
still in her possession, but he must pay for shipping costs.
Juan may declare the contract cancelled and sue Cynthia for the
unperformed balance that is due to him.
Juan may recover the shirts that he shipped to Cynthia, including
those that she screenprinted and resold to her customers.
Juan has no recourse in this scenario except to require that Cynthia
pay in cash ahead of delivery for any future orders.
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