Q. In the context of tort law, what is negligence?
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A.
A breach of a legal duty.
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B.
An intentional act.
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C.
A strict liability offense.
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D.
A criminal act.
Solution
Negligence is defined as a breach of a legal duty that results in harm to another party.
Correct Answer:
A
— A breach of a legal duty.
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Q. What does 'performance' refer to in contract law?
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A.
The act of fulfilling contractual obligations.
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B.
The negotiation process.
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C.
The drafting of the contract.
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D.
The signing of the contract.
Solution
Performance refers to the act of fulfilling the obligations set forth in a contract.
Correct Answer:
A
— The act of fulfilling contractual obligations.
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Q. What is the 'reasonable person' standard in negligence cases?
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A.
A subjective standard based on the defendant's perspective.
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B.
An objective standard based on how a typical person would act.
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C.
A standard that varies by jurisdiction.
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D.
A standard that only applies to professionals.
Solution
The 'reasonable person' standard is an objective standard based on how a typical person would act in similar circumstances.
Correct Answer:
B
— An objective standard based on how a typical person would act.
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Q. What is the primary remedy for breach of contract?
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A.
Injunction.
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B.
Specific performance.
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C.
Damages.
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D.
Rescission.
Solution
The primary remedy for breach of contract is typically monetary damages.
Correct Answer:
C
— Damages.
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Q. What must a plaintiff prove to establish negligence?
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A.
Intent to harm.
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B.
Breach of duty, causation, and damages.
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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. Which of the following is a defense to the enforcement of a contract?
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A.
Lack of consideration.
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B.
Mutual assent.
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C.
Legality of purpose.
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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 an example of a breach of contract?
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A.
One party fails to deliver goods as promised.
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B.
One party offers a lower price.
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C.
One party changes their mind about the deal.
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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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