Q. What must a plaintiff prove to establish negligence?
-
A.
Intent to harm.
-
B.
Breach of duty, causation, and damages.
-
C.
A written contract.
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D.
Absence of consent.
Solution
To establish negligence, a plaintiff must prove breach of duty, causation, and damages.
Correct Answer:
B
— Breach of duty, causation, and damages.
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Q. What remedy was awarded in the case of Peevyhouse v. Garland Coal & Mining Co.?
-
A.
Specific performance
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B.
Expectation damages
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C.
Reliance damages
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D.
Restitution
Solution
Expectation damages were awarded, reflecting the difference between the value of the property as it was and as it should have been.
Correct Answer:
B
— Expectation damages
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Q. What type of damages are awarded to compensate for actual losses suffered due to a breach?
-
A.
Punitive damages
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B.
Nominal damages
-
C.
Compensatory damages
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D.
Liquidated damages
Solution
Compensatory damages are awarded to compensate for actual losses suffered due to a breach.
Correct Answer:
C
— Compensatory damages
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Q. What type of damages are intended to cover the actual loss suffered by the non-breaching party?
-
A.
Consequential damages
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B.
Nominal damages
-
C.
Compensatory damages
-
D.
Liquidated damages
Solution
Compensatory damages are intended to cover the actual loss suffered by the non-breaching party.
Correct Answer:
C
— Compensatory damages
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Q. What type of damages are intended to put the injured party in the position they would have been in had the contract been performed?
-
A.
Consequential damages
-
B.
Punitive damages
-
C.
Compensatory damages
-
D.
Nominal damages
Solution
Compensatory damages are designed to compensate the injured party for losses directly resulting from the breach.
Correct Answer:
C
— Compensatory damages
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Q. What type of damages were sought in the case of Baird v. Franklin?
-
A.
Consequential damages
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B.
Liquidated damages
-
C.
Expectation damages
-
D.
Restitution
Solution
Restitution damages were sought to recover the benefits conferred due to the breach.
Correct Answer:
D
— Restitution
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Q. What was the outcome in the case of McDonald v. Mobil Oil Corp. regarding breach of contract?
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A.
Specific performance was granted
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B.
The contract was deemed void
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C.
Damages were awarded for lost profits
-
D.
No damages were awarded
Solution
Damages were awarded for lost profits due to the breach of contract by Mobil Oil.
Correct Answer:
C
— Damages were awarded for lost profits
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Q. When a party to a contract fails to perform their obligations, what is the first step the non-breaching party should take?
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A.
Sue for damages
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B.
Notify the breaching party
-
C.
Terminate the contract
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D.
Seek specific performance
Solution
The non-breaching party should notify the breaching party of the breach before taking further action.
Correct Answer:
B
— Notify the breaching party
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Q. Which of the following best describes 'performance' in contract law?
-
A.
The act of fulfilling contractual obligations
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B.
The negotiation process before a contract is signed
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C.
The legal consequences of breaching a contract
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D.
The drafting of the contract terms
Solution
Performance refers to the act of fulfilling contractual obligations as agreed upon in the contract.
Correct Answer:
A
— The act of fulfilling contractual obligations
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Q. Which of the following can constitute a valid acceptance?
-
A.
Silence
-
B.
A counter-offer
-
C.
A signed letter
-
D.
A phone call
Solution
A signed letter can constitute a valid acceptance if it clearly indicates agreement to the terms of the offer.
Correct Answer:
C
— A signed letter
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Q. Which of the following can terminate an offer?
-
A.
Revocation by the offeror
-
B.
Counteroffer by the offeree
-
C.
Expiration of time
-
D.
All of the above
Solution
An offer can be terminated by revocation, counteroffer, or expiration of time.
Correct Answer:
D
— All of the above
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Q. Which of the following is a condition precedent?
-
A.
A condition that must be fulfilled before a contract becomes effective
-
B.
A condition that must be fulfilled after a contract is formed
-
C.
A condition that is implied by law
-
D.
A condition that is not enforceable
Solution
A condition precedent is a condition that must be fulfilled before a contract becomes effective.
Correct Answer:
A
— A condition that must be fulfilled before a contract becomes effective
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Q. Which of the following is a defense to the enforcement of a contract?
-
A.
Lack of consideration.
-
B.
Mutual assent.
-
C.
Legality of purpose.
-
D.
Capacity to contract.
Solution
Lack of consideration can be a defense to the enforcement of a contract.
Correct Answer:
A
— Lack of consideration.
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Q. Which of the following is a remedy for breach of contract?
-
A.
Specific performance
-
B.
Punitive damages
-
C.
Injunction
-
D.
All of the above
Solution
All of the options listed can be considered remedies for breach of contract.
Correct Answer:
D
— All of the above
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Q. Which of the following is a requirement for a party to recover consequential damages?
-
A.
The damages must be foreseeable
-
B.
The damages must be punitive
-
C.
The damages must be nominal
-
D.
The damages must be liquidated
Solution
To recover consequential damages, the damages must be foreseeable at the time the contract was made.
Correct Answer:
A
— The damages must be foreseeable
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Q. Which of the following is a requirement for a party to recover damages for breach of contract?
-
A.
The damages must be foreseeable
-
B.
The damages must be punitive
-
C.
The damages must be nominal
-
D.
The damages must be agreed upon in advance
Solution
To recover damages for breach of contract, the damages must be foreseeable at the time the contract was made.
Correct Answer:
A
— The damages must be foreseeable
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Q. Which of the following is a requirement for a valid acceptance?
-
A.
It must be communicated to the offeror
-
B.
It must be in writing
-
C.
It must be made within a reasonable time
-
D.
All of the above
Solution
A valid acceptance must be communicated to the offeror, and while it is often in writing, it is not strictly required unless specified.
Correct Answer:
A
— It must be communicated to the offeror
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Q. Which of the following is a valid defense against a breach of contract claim?
-
A.
Impossibility of performance
-
B.
Lack of consideration
-
C.
Mutual mistake
-
D.
All of the above
Solution
All of the listed options can serve as valid defenses against a breach of contract claim.
Correct Answer:
D
— All of the above
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Q. Which of the following is a valid defense to a breach of contract claim?
-
A.
Impossibility of performance
-
B.
Lack of consideration
-
C.
Mutual mistake
-
D.
All of the above
Solution
All of the listed options can serve as valid defenses to a breach of contract claim.
Correct Answer:
D
— All of the above
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Q. Which of the following is an example of a breach of contract?
-
A.
One party fails to deliver goods as promised.
-
B.
One party offers a lower price.
-
C.
One party changes their mind about the deal.
-
D.
One party asks for more time to think.
Solution
A breach of contract occurs when one party fails to fulfill their obligations under the contract.
Correct Answer:
A
— One party fails to deliver goods as promised.
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Q. Which of the following is an example of a condition precedent?
-
A.
A contract that is void from the start
-
B.
A contract that requires payment before delivery
-
C.
A contract that is fulfilled immediately
-
D.
A contract that can be terminated at any time
Solution
A condition precedent is an event that must occur before a contract becomes effective, such as payment before delivery.
Correct Answer:
B
— A contract that requires payment before delivery
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Q. Which of the following is NOT a common remedy for breach of contract?
-
A.
Damages
-
B.
Specific performance
-
C.
Rescission
-
D.
Injunction
Solution
Injunctions are typically used in tort law and are not a common remedy for breach of contract.
Correct Answer:
D
— Injunction
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Q. Which of the following is NOT a remedy for breach of contract?
-
A.
Damages
-
B.
Specific performance
-
C.
Rescission
-
D.
Negotiation
Solution
Negotiation is not a legal remedy for breach of contract; it is a method of resolving disputes.
Correct Answer:
D
— Negotiation
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Q. Which of the following is NOT a requirement for a valid marriage contract?
-
A.
Consent of both parties
-
B.
Legal capacity to marry
-
C.
A marriage license
-
D.
A religious ceremony
Solution
A religious ceremony is not a requirement for a valid marriage contract; legal capacity, consent, and a marriage license are essential.
Correct Answer:
D
— A religious ceremony
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Q. Which of the following is NOT a requirement for a valid offer?
-
A.
Intention to create legal relations
-
B.
Certainty of terms
-
C.
Communication to the offeree
-
D.
Acceptance by a third party
Solution
Acceptance by a third party is not a requirement for a valid offer; the offer must be accepted by the offeree.
Correct Answer:
D
— Acceptance by a third party
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Q. Which of the following is NOT a requirement for acceptance of an offer?
-
A.
Acceptance must be communicated
-
B.
Acceptance must be unconditional
-
C.
Acceptance can be implied by conduct
-
D.
Acceptance must be in writing
Solution
Acceptance does not have to be in writing unless specified by the offeror.
Correct Answer:
D
— Acceptance must be in writing
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Q. Which of the following is NOT a type of breach of contract?
-
A.
Minor breach
-
B.
Material breach
-
C.
Anticipatory breach
-
D.
Partial breach
Solution
Partial breach is not a recognized type of breach; the correct terms are minor, material, and anticipatory breaches.
Correct Answer:
D
— Partial breach
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Q. Which of the following is NOT a type of consideration?
-
A.
Past consideration
-
B.
Present consideration
-
C.
Future consideration
-
D.
Moral consideration
Solution
Moral consideration is not recognized as valid consideration in contract law; valid consideration must be legal and tangible.
Correct Answer:
D
— Moral consideration
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Q. Which of the following is NOT a type of remedy for breach of contract?
-
A.
Compensatory damages
-
B.
Punitive damages
-
C.
Specific performance
-
D.
Rescission
Solution
Punitive damages are generally not available for breach of contract, as they are intended to punish wrongful conduct rather than compensate for loss.
Correct Answer:
B
— Punitive damages
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Q. Which of the following is NOT a valid form of acceptance?
-
A.
Silence
-
B.
Verbal agreement
-
C.
Written agreement
-
D.
Conduct indicating acceptance
Solution
Silence is generally not considered a valid form of acceptance unless there is a prior agreement stating otherwise.
Correct Answer:
A
— Silence
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