Ethel Cheapskates goes to Rip-off Motors looking to buy a used car. A rather bold sporty model catches her eye, and Rip-off's salesperson, Fred Notell, and Ethel negotiate a purchase price of $20,000. The driver side front seat upholstery has a small tear, and Ethel wants that fixed. Ethel says, "Fix the seat as part of the deal, and I'll buy. To that, Notell says 'Sure thing - piece of cake". Ethel then signs the standard Ripp off Motors written contract, which clearly states that all cars are sold "as is "condition. After signing the contract and paying the purchase price, Ethel asks Notell, "When are you doing the repairs we discussed to the seat?" and he says, "Just bring the car in any day next week." Ethel did, but Rip-off refused to repair the car unless she paid extra. She sues Rip-off Motors.

Under the facts stated in the scenario, which of the following is true?

• The parol evidence rule will prevent Ethel from introducing evidence of any of Notell's fraudulent promises about the car seat repair, because they contradict the written contract.
• Ripp-off will not be bound by Fred's misrepresentations, because they fall clearly outside respondeat superiors requirements
• If Ethel asks for rescission and restitution based on either fraud or breach of contract, an issue will be whether the seat repair was material under the circumstances
• All of the above

2. The Doctrine of Respondeat Superior is least often applied in situations involving which of the following?

• Negligence of the agent
• Intentional Torts of the agent
• Crimes committed by the agent
• The doctrine is equally applied

3. Ethel Goldcoast Contracts with the portrait painter Raphael Jones for her portrait to be painted. The contract includes a clause stating that work must be to "my satisfaction" before Ethel is obligated to pay for the portrait. Based on this information, which of the following statements is true?

• Because the contracts are generally assignable, Jones can freely assign the contract to another artist to paint Ethel's portrait
• The "Satisfaction" clause constitutes a condition subsequent
• Ethel must still act in good faith - she cannot just say she is not satisfied for no good reason
• The "Satisfaction" clause makes the entire contract "illusory"

4. Hear Co entered into May 1, contract with Their Corp. for the sale of 10,000 widgets from Hear to Their. The contract called for a price of $3.50 per widget, payable at the time of delivery of the widgets. On July 1, when Hear attempted to deliver the widgets at Theirs's place of business in accordance with the parties' agreement, Their wrongfully refused to accept the widgets. Of course Their also refused to pay HEAR. Instead if attempting to resell the Widgets, HEAR sued THEIR for breach of contract. As od July 1, the relevant market price of widgets in THEIRs locality was $3.10 per widget.

Based on the facts in the scenario, which of these statements best describes HEARS rights?

• Is not entitled to recover any damages from THEIR, because HEAR made no attempt to mitigate damages by trying to resell the widgets to another party
• Should recover $4,000 in damages from THEIR, because that amount represents the differences between the contract price and the relevant market price.
• Is not entitled to recover any compensatory damages for the reason stated in answer (a), but should be awarded punitive damages because of THEIRs deliberate breach
• Should recover $35,000 in damages from THEIR, because that is the sum HEAR would have received if THEIR had performed the contract.

5. Acme TV, Manufacturer of TV sets, received a purchase order from Sam's Appliance City for 10 Carloads of TV sets. Acme Ships the sets, which are received by Sam's. Nine carloads are perfect, but the tenth contains several sets with visible damaged cartons. Sam's receiving people usually inspects shipments when received, but this time were too busy with another incoming shipment. Over six months of time had passed before the damaged cartons were discovered, after the payment was already overdue and the sets had been placed in Sam's distribution warehouse.

Based on the information in the scenario, which of these shipments best describes Sam's rights with respect to ACME TVs?

• Sam's has accepted all of the TVs
• Sam's can reject the damaged TV's based upon the perfect -tender rule
• Sam's can revoke its acceptance as to the damaged TV's because ACMD has failed to cure
• All of the above

6. Eiffel towers is an all pro center who signs to play for the new Norfolk, Virginia Basketball Club. Eiffel however gets a more lucrative offer and decides to play for another professional basketball team.

Based on the information in the scenario, which statement best describes the Norfolk Club's rights?

• Sue for specific performance, forcing Eiffel to play for the Norfolk team
• Obtain punitive damages, since the breach was intentional
• Obtain an injunction prohibiting Eiffel from playing for another basketball team
• All of the above

7. Parker Pens is a company which sells personalized pens to retailers, who then use them for advertising purposes. Fred Bowling Allwy orders 200 personalized pens from Parker, but cancels the order as the pens are being prepared for shipment.

Based on the information in the scenario, which if these statements best describes Parker's Pen's right?

• Can sue Fred for the entire purchase price
• Must try to sell the pends to another buyer, but may sue Fred for the difference
• Must sell the pens for scrap, but may sue Fred's for any deficiency
• Can sue Fred's only for the difference between the contract price and the market price

8. Todd suffered severe allergies, and the medicine prescribed by his doctor to alleviate his symptoms tended to make him drowsy. Despite his doctors warning he should not drive while taking the medication. Todd drove to a concert. Ashley Pricket, age 5 darted into the path of Todd's car from between two parked vehicles and was hit and seriously injured. The facts indicated Todd was driving at the legal speed limit and could not have avoided Ashley even if he had not been taking medication. The trial court dismissed Ashley's negligence suit against Todd.

Based on the information in the scenario, which element was missing in Ashley's negligence suit?

• Breach of duty
• Cause in fact
• Proximate cause
• Damages

9. Acme, maker of the child toy " Johnny Fun Bags" - essentially a plastic garment bag decorated with stenciled prints of Ninja Turtles - is sued when five year old Freddy suffocated while playing inside the bag and sealing off the open end.

• Evidence that the retailer to whom Acme sold the toy removed the warning statement "Do not allow children to play with his toy unattended by a parent or guardian" would be relevant to the defense of a strict liability suit against Acme
• Acme will be able to defeat an action based upon strict liablity merely upon the showing that Freddy's grandpa in Cleveland , not freddy;s parents was the purchaser of the toy, which he sent to Freddy as a birthday gift
• The defense of contributory negligence is available to Acme if it can show Freddy was using the toy in a careless manner
• All of the above

10. Ethel, attending a heavy metal concert by the Seattle grunge band "Bad Clothes" in City Auditorium, is injured by a chunk of ceiling which fell upon her during the grand finale of the band. The evidence shows that the band was so loud that the noise level exceeded the volume of an airliner during takeoff, and the seismic equivalent to an earthquake. The evidence also shows the city was in violation of a ceiling maintenance ordinance. Assume no sovereign immunity defense exists for the city. Ethel sues the City. Ethel sue the City for negligent maintenance of the ceiling.

Based on the information in scenario, what result is most likely?

• If Ethel introduces the City's violation of the ordinance governing ceiling maintenance, she is attempting to establish the elements of duty and breach
• If Ethel shows the ceiling was in the exclusive control of the City and the auditorium ceiling do not formally fall except where there is careless maintenance, she is attempting to invoke the doctrine of res ips loquitor
• If the City is able to introduce conclusion evidence showing that the band's volume and vibration caused thereby was so powerful that the ceiling would have fallen from the vibration event if the City compiled with the safety statue, such evidence destroys the element of cause in fact.
• All of the above