answer all questions as parts to whole subject

5. Sly offered Merry Lamb a watch for $100 and falsely represented that it was studded with diamonds, whi

would make its retail value $650. In reliance on Sly's statement, Merry paid $100 for the watch. She later le;

that its stones were fake and its retail value was only $100. In a tort action based on fraud, what will be the

measure of Merry's damages?

0,100,550,650

7. A manufacturer who fails to exercise due care in the manufacture or handling of a product may be held liable for

negligence. A defendant manufacturer will prevail, however, when the

O negligence was in the design of the product.

O product was assembled improperly.

O product was designed to be safe for proper use but not for an unforeseea

O conduct complained of was merely a failure to warn.

8. To establish a cause of action based on strict liability in tort for personal injuries resulting from using a defective

product, one of the elements the plaintiff must prove is that the seller (defendant)

O failed to exercise due care.

O was in privity of contract with the plaintiff.

O defectively designed the product.

O was engaged in the business of selling the product.

9. Merton Morgan is suing the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw

Morgan purchased. Which of the following statements is true under the theory of strict liability?

O The manufacturer will avoid liability if it can show it followed the custom of the industry.

O Morgan may recover even if he cannot show any negligence was involved.

O Contributory negligence on Morgan's part will always be a bar to recovery.

O Privity will be a bar to recovery insofar as the wholesaler is concerned if the wholesaler did not have a reasonable opportunity

to inspect.

10. Interests in real property include the airspace above the surface of the land. Which of the following is true?

O The landowner owns all the airspace extending upward indefinitely from the surface of the land.

O Airspace is not separately transferable.

O No trespass occurs if an aircraft flies 1,000 above land in a populated area.

O Because of the public interest in air transportation, no trespass is recognized for entry into a landowner's airspace.

11. Abram owned a fee simple absolute interest in certain real property. Abram conveyed it to Fox for Fox's

lifetime with the remainder interest upon Fox's death to Charlie. What are the rights of Fox and Charlie in the real

property?

O Charlie may not sell his interest in the property until the death of Fox.

O Fox has a possessory interest in the land and Charlie has a future interest.

O Charlie must outlive Fox to obtain any interest in the real property.

O Any conveyance by either Fox or Charlie must be joined in by the other party to be valid

12. A life estate is the right of a person to use the property for the rest of his or her life. This person is a life

tenant. Certain duties and limitations are imposed on the life tenant to safeguard the remainderman's rights. The

life tenant

O is entitled to the use of the land but must not receive profits from it.

O is not responsible for taxes on the land because the remainderman is to receive the long-term benefits from the land.

O may exploit natural resources of the land in reasonable amounts if the land was so used when the life estate was granted (i.e.,

there was already an oil well on the land).

O must preserve the land in the same repair as when the life estate was granted.

13. Abe, Bo, and Cy own a building a joint tenants with the right of survivorship. Abe gave his interest in the

building to Zeb by executing and delivering a deed to Zeb. Neither Bo nor Cy consented to this transfer. Bo and

Cy subsequently died. After their deaths, Zeb's interest in the building would consist of

O a 1/3 interest as a tenant in common.

O a 1/3 interest as a joint tenant.

O total ownership due to the deaths of Bo and Cy.

O no interest because Bo and Cy did not consent to the transfer.

14. Mark Moore has obtained title to land by adverse possession. He

O can convey good title to a subsequent purchaser.

O must record his interest in the property in order to perfect his interest against the holder of record.

O must have occupied the property initially with the permission of the owner of record.

O must personally have occupied the land for a period of time equal to or greater than the prescribed period.

15. Which of the following is true with respect to an easement acquired by an express grant?

O The easement is extinguished if the grantee dies

O The easement cannot be sold or transferred by the owner of the easement.

O The easement gives the owner of the easement the right to physical possession of the property subject to the ec

0 'The easement must be in writing to be valid.