An electronics wholesaler has a contract to purchase 100 receivers for resale. The supplier is unable to deliver the receivers. What should the wholesaler do?

1. Sue for liquidated damages
2. Attempt to cover by purchasing the receivers from another source, then sue for any damages
3. Sue for expectation damages
4. Sue for incidental damages

Ben, who is a partner in an accounting firm organized as a general partnership, is being sued for malpractice by a client. If the jury finds for the client, which of the following parties will have liability for the judgment?

1. The accounting firm
2. Ben, the accounting firm, and all the other partners of the firm
3. Ben and the accounting firm
4. Ben

Carlton lives in a jurisdiction that applies joint and several liability along with the doctrine of comparative negligence. He was also involved in a very unfortunate motor vehicle accident. Shawn hit Carlton's car in the rear just as Juliet crossed the center line and sideswiped Carlton's car on the driver's side. Carlton's car was severely damaged and Carlton suffered from whiplash for a few weeks. Carlton sued both Shawn and Juliet. It was determined at trial that both Shawn and Juliet were negligent, that Carlton was not negligent, that Shawn was 60% responsible for Carlton's injuries, that Juliet was 40% responsible for Carlton's injuries, and that Carlton's total damages were $100,000. Assuming she has the financial resources or sufficient insurance, can Carlton recover the entire $100,000 from Juliet?

1. Only if Carlton can establish that Shawn is insolvent can he recover the entire amount from Juliet.
2. Yes.
3. No, because joint and several liability is in effect.
4. No, but only because she was found to be less at fault than Shawn.

Which of the following is generally NOT a factor in determining if an employee was acting within the scope of employment?

1. Was the employee carrying on the employer's business when the tort was committed?
2. Was the employee disobeying the instructions of the employer when the tort was committed?
3. Was the instrumentality of the injury furnished by the employer?
4. Did the employer authorize the employee to use the instrumentality of the injury?