1) If an engineer designs a bridge without consideration for the weight of traffic that would travel over the bridge, and the bridge collapses, the engineer may be

a)not negligent in the performance of his or her professional duty but liable for the loss or injury that results.

b)negligent in the performance of his or her professional duty but not liable for the loss or injury that results.

c)None of the responses are true

d)negligent in the performance of his or her professional duty and liable for the loss or injury that results.

2) Lisa, a three-year-old girl, was having her tonsils removed. Towards the end of the surgery, Dr. Talker answered her cell phone and failed to thoroughly check for sponges in Lisa's throat. Lisa choked to death. Can Lisa's family successfully sue Dr. Talker?

a)Yes, Dr. Talker failed to meet the standard of care for a surgeon.

b)Yes, Dr. Talker had a duty of care to Lisa.

c)All of the responses are correct.

d)Yes, Dr. Talker's negligence caused the injury

3)A tort must be intentional in order to sue as we do not allow people to sue for accidents.

TrueFalse

4)Teresa is suing the Driver Trucking Co. because she was injured when one of their trucks negligently crashed into the bus shelter in which she was standing. Since Driver Trucking Co. can do nothing to protect itself from its driver's negligence, it is unfair to hold the company liable for its employee's actions.

TrueFalse

5) Marc intends to sue Colleen for negligence. As a general rule, absent any unusual circumstances, Marc will not win unless he can prove to the court that it is more likely than not that what he alleges about Colleen's actions is true.

TrueFalse

6) The basic premise upon which tort liability is founded is that individuals and corporations living in a civilized society will not (and should not) intentionally cause injury to one another or others' property.

TrueFalse

7) Bernie Nohave is operating a scheme whereby investors' money is utilized to buy AIDS drugs in Africa. The money is then deductible as a charitable donation for tax purposes. Tom invests in this scheme to generate tax losses knowing that medicine is not being purchased. Is the contract valid?

a) Yes, there are all elements of a valid contract present

b)No, this transaction is ultra vires of Bernie's corporation

c)No, the subject matter of the contract is illegal

d)Yes, there is consideration

8) When the seller unknowingly makes an erroneous statement regarding the type of processor contained in a computer during negotiations leading to the sale of the computer, the contract

a)contains a common mistake

b)contains a unilateral mistake

c) contains a fraudulent misrepresentation

d)contains an innocent misrepresentation

9) Awards which are not compensation of the plaintiff but rather punishment of the defendant for a breach of contract which is deceitful, malicious, or offensive to ordinary standards of morality are known as which kind of damages?

a)punitive damages

b)general damages

d) liquidated damages

e) special damages