Question
1) Don was standing in line at the company cafeteria, holding a plate of food. Tim, a co-worker, was upset with Don. Tim came up
1) Don was standing in line at the company cafeteria, holding a plate of food. Tim, a co-worker, was upset with Don. Tim came up behind Don and hit Don over the head with a china plate, causing Don to fall on the floor.Don broke his nose in the fall and has experienced much pain at the back of his head.Don did not see Tim come up behind him or see Don swing the china plate at his head.Don can successfully sue Tim for which tort(s) ?
- neither an assault nor a battery.
- an assault, but not a battery.
- a battery, but not an assault.
- both an assault and a battery.
2) Becky is a sculptor, and she has created a new sculpture that she has called "The Last Reunion."Most of Becky's sculptures sell for a lot of money, because she is very well-known in the art world, and she has had several of her sculptures on display at major museums like the Museum of Modern Art ("MOMA") in New York.Becky took her sculpture to the New Seattle Art Gallery in Pioneer Square, for them to evaluate as a possible piece of art for their next show.The New Seattle Art Gallery accepted the sculpture, to sell for Becky for a 15% sales commission, with a proposed sales price of $30,000.Unfortunately, one of the New Seattle Art Gallery employees knocked the sculpture over and it shattered.When Becky demanded that the NSAG pay for the full value of the sculpture, NSAG denied liability.
- the NSAG is liable based on the doctrine of bailment.
- the NSAG is liable based on the doctrine of criminal negligence.
- the NSAG is not liable - only the employee has any liability.
3) Natasha makes an offer to Rachel:"I will pay you $100 if you will tutor me for four hours before the big accounting exam on Friday."Ting overhears Natashamake her offer to Rachel.Before Rachel can give an answer to Natasha, Ting says to Natasha:"I overheard your offer, and I accept it!" Natasha is confused about what her status is at this point - what does she have now?
- Natasha has a contract with Ting.
- Natasha has a contract with Rachel..
- Natasha has no contract at all at this point.
4) Byron bought out the entire inventory of 1,000 Sony LCD Television sets from the local K-Mart store that was being closed, for $150 each. Byron hires Lorenzo as his agent, and give him authority to negotiate and sign a sales contract with Costco Corporation for the sale of all of these Sony TV sets for the highest amount possible, hopefully for about $300 per set.Lorenzo is to get 5% commission on the sale.The Costco buyer makes this offer to Lorenzo:We will pay you (Lorenzo) a $10,000 under-the-table bonus if you let us buy the entire inventory of Sony TVs for $250 each.What obligation does Lorenzo have to Byron?
- Lorenzo has an obligation to share the information on the entire offer (including the $10,000 bonus) to his principal Byron.
- Lorenzo does not have any obligations to Byron - he can just sign an acceptance of Costco's offer of $250 per unit on behalf of Byron, and take the bonus without telling Byron.
- Lorenzo has an obligation just to share the information on Costco's offer to buy the TVs for $250, and does not have to reveal the bonus that was offered to him.
5) Sandra sued her supervisor, and her employer (the Boeing Co.), claiming that she was sexually harassed on the job, by her supervisor, who was trying to get Sandra to give him sexual favors in return for a promotion.Sandra had complained to upper management about his behavior, but the company had done nothing to correct the problem.If Sandra wins the case against the supervisor and Boeing, then he (and Boeing) would have to pay her money damages. This is an example of a"criminal"lawsuit.
True
False
6) Nick files an action in the local King County Superior Court, against Heather.He is claiming that she is about to publish a book that is defamatory to Nick's reputation.He wants the court to issue an order that would keep Heather from publishing the book.The type of court order that he is seeking would be:
- an equitable remedy called rescission.
- a legal remedy called damages.
- a legal remedy called punitive damages.
- an equitable remedy called injunction.
- an equitable remedy called specific performance.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started