the promise that benefits the third party

QUESTION

1. The ______ in a third-party beneficiary contract is the party to the contract who madethe promise that benefits the third party.ObligeeAssignorPromisorPromiseeObligor2. Assuming proper proof, which of the following represents damages a buyer or lesseemay recover in the event of a breach?Incidental damages, consequential damages, and remedial damagesRemedial damages but not consequential damages or incidental damagesIncidental damages and consequential damages, but not remedial damagesConsequential damages but not incidental damages or remedial damagesIncidental damages but not consequential damages or remedial damages3. Workers’ compensation laws are primarily federal laws.TrueFalse4. Which of the following may be held liable in a malpractice action?Doctors, accountants, and real estate brokersAccountants and real estate brokers but not doctorsDoctors and real estate brokers but not accountantsDoctors but not accountants or real estate brokersDoctors and accountants but not real estate brokers5. Which of the following is true regarding the intent needed for an intentional tort?The intent at issue is intent to harm that results in an injury, physical or economic, toanother.The intent at issue is not intent to harm and is not intent to engage in a specific act.Instead, negligence will suffice.The intent at issue is intent to harm that results in physical injury to another. Economicinjury is insufficient.The intent at issue is not intent to harm but, rather, is intent to engage in a specific act,which ultimately results in an injury, physical or economic, to another.The intent at issue is not intent to harm but, rather, is intent to engage in a specific act,which ultimately results in a physical injury to another. Economic injury is insufficient.6. Which of the following is true regarding a signature on a document falling within thestatute of frauds?So long as it is meant as a signature, a party required to sign may sign at any place onthe document.Any party required to sign must sign at the end of the document.There is no requirement of any signature of either party to satisfy the statute of frauds.Any party required to sign must sign both at the end and at the beginning of thedocument.Any party required to sign must sign at the beginning of the document.7. A[n] ______ mistake is a mistake that is shared by both parties to an agreement.DoubleMutualUnilateralUnclearClear8. Under the market share theory, a plaintiff may be able to recover in a products liabilityaction even if the plaintiff cannot trace the harmful product to a particular manufacturer.TrueFalse9. Under a strict product liability theory, who is considered a reasonably foreseeableparty who may recover if injury is sustained?The buyer only.Only the buyer, the buyer’s family, and the buyer’s guests.The buyer, the buyer’s family, the buyer’s guests, and foreseeable bystanders.Only the buyer and the buyer’s family.Only the buyer and any one present in the buyer’s home when injury is sustained.10. A mistake of fact is an erroneous belief about the facts of the contract at the time thecontract is concluded.TrueFalse11. For purposes of jurisdiction, an LLC is considered a citizen of every state in which itsmembers reside.TrueFalse12. The courts generally hold that landowners have a duty to protect individuals on theirproperty.TrueFalse13. Courts usually award punitive damages in cases in which the offender has committed______.A tort directly involving negligence per seNegligenceStrict liability offenseA res ipsa loquitur offenseGross negligence14. The concept of at-will employment excludes the concept that an employee may quitat any time.TrueFalse15. In the area of employee testing, which of the following measures a psychological traitneeded to perform a job?Content validityCriterion-related validityObject validityConstruct validityPerformance validity16. Under the UCC, how may an acceptance be made?By any reasonable means of communication.Only by electronic communication or by a writing.Only by facsimile or by mail.Only by a writing.Only orally or by a writing.17. Under the UCC a delay in delivery or nondelivery, in whole or in part, is not a breachin circumstances in which performance has been made ______ because a contingency hasoccurred that was not contemplated when the parties reached the agreement.UnprofitableUnreasonableImpracticableMore difficultLess profitable18. In some situations, the law specifies the duty of care one individual owes to another.TrueFalse19. For purposes of determining capacity, intoxicated persons include those under theinfluence of alcohol, but not drugs.TrueFalse20. Which of the following is true regarding the law of negligence in Germany?It focuses only on unconscious negligence.Both mental and physical capabilities are taken into account in determining whether adefendant is negligent.It focuses only on conscious negligence.Courts distinguish between conscious and unconscious negligence with defendants whohave engaged in only conscious negligence being found not guilty.It is the same as the law of negligence in the United States.21. Which of the following must a plaintiff generally show in order to recover in a productliability lawsuit?That the defendant was negligent.Only that the product is defective.That the product is defective, that the defect existed when the product left thedefendant’s control, and also that the defendant was negligent.That the product is defective and also that the defect existed when the product left thedefendant’s control.That the defect should have been discovered and fixed prior to sale.22. If a quasi-contract is imposed, the amount of damages for a breach is based upon thefair market value of any service provided to the defendant.TrueFalse23. Which of the following are the categories protected by Title VII?Race, color, religion, sex, national origin, and ageRace, color, religion, sex, and national originRace and colorRace, color, and religionRace, color, religion, and sex24. Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in thetext in which the defending newspaper reporter claimed that he could not be held liableto the plaintiff for making alleged defamatory statements because the plaintiff’sreputation as a kidnapper and murderer serving three life sentences was so bad that hisreputation could not be further harmed?The court allowed the lawsuit to proceed ruling that whether the plaintiff already had abad reputation was irrelevant in relation to the lawsuit involved, an action for libel,although the plaintiff’s reputation would likely have barred an action for slander.The court allowed the lawsuit to proceed ruling that whether the plaintiff already had abad reputation was irrelevant in relation to the lawsuit involved, an action for slander,although the plaintiff’s reputation would likely have barred an action for libel.The court allowed the lawsuit to proceed ruling that whether the plaintiff already had abad reputation was irrelevant in relation to a defamation lawsuit.The court dismissed the lawsuit on the basis that the statements were not false but alsorecognized that the only proof justifying application of the libel-proof doctrine is proofthat a defendant has been sentenced to death.The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction’sdescription of when the libel-proof doctrine might apply based upon the plaintiff’s alreadybad reputation.25. What does the UCC say regarding a limitation of consequential damages for injury tothe person in the case of consumer goods?A limitation of consequential damages for injury to the person is acceptable so long asthe injuries are not life threatening.A limitation of consequential damages for injury to the person is analyzed in the sameway as a limitation of consequential damages where the loss is commercial.A limitation of consequential damages for injury to the person is prima facieunconscionable.A limitation of consequential damages for injury to the person is acceptable so long asboth parties are represented by an attorney.A limitation of consequential damages for injury to the person is acceptable so long asany consumer was represented by an attorney.26. Under the Uniform Commercial Code, contracts for the sale of goods totaling morethan ______ must be in writing.$600$200$300$500$1,00027. Federal law is the primary method by which to interpret sales contracts.TrueFalse28. _______________ damages are a small amount of money given to recognize that adefendant did indeed commit a tort in a case in which there were no compensabledamages suffered by the plaintiff.CompensatoryPunitiveRevengeRetaliatoryNominal29. In recent years the number of sexual harassment claims filed under Title VII has beenin decline.TrueFalse30. Strict liability is liability without fault.TrueFalse31. Which of the following is not a defense available to employers charged with agediscrimination under the Age Discrimination in Employment Act?The bona fide occupational qualification defenseThat decisions are based on reasonable factors other than ageThe qualified but aged defenseThe operation of a bona fide seniority systemThe executive exemption32. Harry and Frank are in agreement that Harry will pay Frank $2,000 for a used car. Atwhat point is there a binding contract?Twenty days after the car is delivered and approved.When the money is paid.When the car is delivered.When the agreement is made.Ten days after the car is delivered and approved.33. What type of notice must a party who wishes to replace nonconforming goods andcure within the time set for performance give the other party?Notice within 10 days of deliveryNotice within 5 days of deliveryThere is no set time so long as notice is given prior to the time set for performanceNotice within 1 day of deliveryPrompt notice34. In order to proceed in a products liability action, a plaintiff must establish to acertainty that the product was not damaged after its purchase.TrueFalse35. Today’s law of contracts originated from judicial decisions in ______.FranceItalySwitzerlandSpainEngland36. A[n] ______ beneficiary is a third party who benefits from a contract in which thepromisor agrees to give a gift to the third party.IncidentalAvowedCreditorDoneePromised37. The most frequently awarded damages are compensatory damages.TrueFalse38. Under the UCC, when is an acceptance effective?When dispatched only when the telephone is used, otherwise on receipt.When dispatched only if the U.S. mail is used, otherwise on receipt.When dispatched.When received only if acceptance by electronic means is made, otherwise on dispatch.When received.39. Which of the following is true regarding the sources of laws that interpret salescontracts?The Uniform Commercial code is the only source of law interpreting sales contracts.Two sources of laws that interpret sales contracts exist: state common law and statestatutory law.Two sources of laws that interpret sales contracts exist: state common law and theUniform Commercial Code.Three sources of laws that interpret sales contracts exist: state common law, the UniformCommercial Code, and state statutory law.Two sources of laws that interpret sales contracts exist: the Uniform Commercial Codeand state statutory law.40. Which of the following is true regarding what meets the UCC definition of a good?Real estate, trade fixtures, and corporate stocks meet the definition of a good under theUCC, but copyrights do not.Copyrights meet the definition of a good under the UCC, but real estate, corporatestocks, and trade fixtures do not.Trade fixtures meet the definition of a good under the UCC, but real estate, corporatestocks, and copyrights do not.Corporate stocks, real estate, and copyrights meet the definition of a good under theUCC, but trade fixtures do not.Real estate, corporate stocks, copyrights, and trade fixtures all meet the definition of agood under the UCC.41. Which of the following is true regarding oral assignments?In some cases, assignments may be made orally.Assignments, regardless of the terms, are not covered by the statute of frauds.The UCC requires that assignments be in writing when the amount being assigned isgreater than $1,000.The UCC requires that assignments be in writing when the amount being assigned isgreater than $2,000.The UCC requires that assignments be in writing when the amount being assigned ingreater than $1,500.42. Which of the following are common classifications of torts?Intentional, criminal, and strict liability.Administrative, civil, and criminal.Intentional, negligent, and criminal.Criminal, negligent, and strict liability.Intentional, negligent, and strict liability.43. Which of the following would constitute the privacy tort of false light?Defaming a public figure.Defaming a public figure for personal gain.Attributing characteristics or beliefs to a person that he or she does not possess.Defaming a person with actual malice.Disclosing private facts about a person in order to obtain some sort of personal gain.44. A[n] ______ beneficiary is a third party who benefits from a contract in which thepromisor agrees to pay the promisee’s debt.IncidentalAvowedCreditorDoneePromised45. When all products of a particular design are defective and dangerous, those productshave which of the following type of defects?Exclusionary.Primary.Design.Warning.Manufacturing.46. Which of the following is a defense used by a defendant to demonstrate that hisalleged negligent behavior was reasonable, given the available scientific knowledgeexisting at the time the product was sold or produced?Reasonable behavior defense.Reasonable manufacturer defense.Assumption of the risk.State-of-the-art defense.Scientific knowledge doctrine.47. Which of the following occurs when an individual is confined or restrained against hisor her will for an appreciable period of time?False detention.Forcible detention.False imprisonment.Contained detention.Qualified imprisonment.48. In District of Columbia v. Wayne Singleton, the case in the text involving the singlevehicle bus accident, the court applied the doctrine of res ipsa loquitur because a singlevehicle accident is a type that does not normally occur in the absence of negligence.TrueFalse49. Nondisclosure involves the active hiding of the truth about a material fact.TrueFalse50. Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in alawsuit.TrueFalse51. n an auction _________, the seller is treated as making an offer to accept the highestbid.Without reserveWith controlsWith reserveWithout qualificationsWithout controls52. Which of the following is true regarding material considered goods under the UCC?Minerals taken from real estate and sold by the owner, soil taken from real estate andsold by the owner, and the right to remove soil from real estate are all considered goodsunder the UCC.The right to remove soil from real estate is considered a good under the UCC, but neitherminerals taken from real estate and sold by the owner nor soil taken from real estate andsold by the owner are considered goods under the UCC.Soil taken from real estate and sold by the owner is considered a good under the UCC,but neither minerals taken from real estate and sold by the owner nor the right toremove soil from real estate are considered goods under the UCC.Minerals taken from real estate and sold by the owner and soil taken from real estate andsold by the owner are considered goods under the UCC, but the right to remove soil fromreal estate is not considered a good under the UCC.Minerals taken from real estate and sold by the owner and the right to remove soil fromreal estate are considered goods under the UCC, but soil taken from real estate and soldby the owner is not considered a good under the UCC.53. A donee beneficiary is a third party that benefits from a contract in which thepromisor agrees to pay the promisee’s debt in return for compensation plus interest.TrueFalse54. In the employer/employee context, the purpose of a covenant not to compete is torestrict what an employee may do after leaving a company.TrueFalse55. Which of the following is an element of a legally binding contract?KnowledgeInquiry

ANSWER

CLICK HERE TO GET AN EXPERT SOLUTION TO THE QUESTION