1.) Which of the following people would likely be issued an order for specific performance or an injunction, rather than a monetary award?

• a.)Louisa's screen printing company orders a new batch of t-shirts from their supplier for delivery on Monday. The order is delayed and doesn't arrive until Wednesday. Louisa's company sues for breach of contract.
• b.)Jonah orders and pays for some wood from a local lumber company to build a custom desk for his home office. When the wood arrives, part of it is rotting. When Jonah can't get the lumber company to return his phone call, he sues them for breach of contract.
• c.)Lee signs a contract to purchase the last remaining beachfront plot of land in his town from Ursula. Ursula then decides she will keep the land and build a house for herself on it. Lee files suit against Ursula for breach of contract.
• d.)Fallon's moving company accidentally breaks three dining chairs when they transport Aliyah's furniture to her new home. The chairs are expensive, but not irreplaceable. Aliyah sues Fallon's moving company for breach of contract when they refuse to replace the chairs.

2.) Select the example that isinconsistentwith the provisions of the UCC for contract remedies for a seller's breach of contract.

• a.)The sales contract for a clothing company specifies that the only remedy for non-delivery of items ordered by the buyer is a full refund.
• b.)The sales contract for a furniture company specifies that the statute of limitations for any charges of breach of contract shall be limited to two years.
• c.)In its sales contract, a manufacturing company that makes sewing machines excludes responsibility for any commercially-related consequential damages that stem from the company's failure to deliver goods on time.
• d.)In its sales contract, a car dealership specifies that there is no remedy for the buyer if the dealership delivers the correct make and model of car, but in the wrong color.

3.) Cynthia orders 100 shirts priced at $4.99 each for her screenprinting business from Juan, a shirt supplier. Cynthia is not insolvent, but after she receives the first box (which contains 50 shirts), she decides she has enough and will not accept delivery of the second box of 50 shirts.

What remedy does Juan have in this scenario?

• a.)Juan can resell the remaining 50 shirts at public auction, but since they have already been identified to his contract with Cynthia, he may not sell them through another private contract.
• b.)Juan's only recourse in this scenario is to sue Cynthia for the contracted price of the 50 remaining shirts.
• c.)Juan must ship the remaining 50 shirts if he has not already done so, and once Cynthia refuses to accept delivery, he can reclaim the shirts and recover damages.
• d.)Juan can resell the remaining 50 shirts to another buyer, upon which time he is entitled to recover the difference between his contract price with Cynthia and the contract price with the new buyer, plus any incidental costs incurred.

4.) Heidi purchases an original work by one of her favorite sculptors from an art dealer for $8,000. After three months of waiting for the sculpture to be delivered, Heidi discovers that the art dealer sold the sculpture to another buyer for $10,000 after her contract was signed.

What remedy does Heidi have in this scenario?

• a.)Heidi is entitled to recover her $8000 and any other damages she may be able to prove, including compensatory, consequential, and incidental damages.
• b.)Heidi is entitled to sue the new buyer to recover the sculpture, but she has no recourse against the art dealer other than recovering the $8,000 that she paid.
• c.)Heidi is entitled to punitive damages, so that the art dealer is discouraged from breaking another contract in the future.
• d.)Heidi is only entitled to recover the $8,000 that she paid for the sculpture.

5.) When one party to a contract breaches the contract, what duty is placed on the non-breaching party?

• a.)The non-breaching party has a duty to mitigate their damages.
• b.)Since they did not breach the contract, nothing is required of them.
• c.)The non-breaching party is required to pursue all of their contractual remedies.
• d.)If the breach includes tortious conduct, the non-breaching party must file a civil lawsuit.

6.) In an effort to boost sales, a small-scale clothing company prints an image of a famous musician's face on its new run of shirts.

Which type of intentional tort does this represent?

• a.)Invasion of privacy
• b.)This action does not rise to the level of an intentional tort.
• c.)Misrepresentation
• d.)Defamation

7.) Which of the following is true of property ownership in the United States?

• a.)Property ownership has always been available to everyone in the United States.
• b.)Property rights have remained static over time.
• c.)Nonhuman legal persons, such as corporations, may own property.
• d.)The legal system still recognizes ownership of a human body as long as it is your own.

8.) When does a bailee owe a bailor only a minimum duty of care?

• a.)When the bailee and bailor both benefit from the bailment
• b.)A bailee always owes a bailor more than a minimum duty of care.
• c.)When the bailment only benefits the bailor
• d.)When the bailment only benefits the bailee

9.) Gertrude, a literature professor, copies and distributes the full text of a copyrighted novel she's teaching without permission from the copyright owner. She does this in order to help out some of her students who can't afford to buy the book.

Select the correct classification for this example.

• a.)Direct copyright infringement
• b.)Legal use of a copyright license
• c.)Contributory infringement
• d.)Fair use

10.) Max and Maura, a retired couple, decide to travel around the world for a year. They need someone to manage their financial affairs while they're gone, so they sign a written document authorizing their daughter to act on their behalf in any financial matters.

Which type of agent relationship does this represent?

• a.)Power of attorney agency
• b.)Subagent
• c.)Special agent
• d.)Agency coupled with an interest

11.) Which of the following is true of an agent's duty to a principal?

• a.)An agent has a duty to warn a principal of any anticipated risk of physical harm.
• b.)An agent has a fiduciary duty to a principal.
• c.)An agent must preserve a principal's confidential information, but only until the end of his or her agency.
• d.)An agent must obey all directions given by a principal.