Please answer the following questions:

4) Harold offered to sell his car to Nicole for $3,000 but did not specify the location, or time of sale. Nicole agreed saying "Great, it's a deal if you deliver the car within one week with a valid registration". Under these circumstances, a court would probably find that: a) They don't have a contract: Nicole's terms constituted a counteroffer which Harold may accept or reject. b) They had a contract: the terms added by Nicole would normally be implied. c) They don't have a contract: there is a lack of promissory intent. d) They had a contract: the terms are reasonable and Harold must accept all reasonable changes to his offer. 5) Three sixteen-year-old boys drag race on Foothill BLVD. at 3 a.m. when there is very little traffic. The speed limit on the street is 40mph, but they exceed 90mph. In analyzing negligence: a) since the boys are under eighteen, the tort of negligence did not occur. b) The tort of negligence does not exist. c) All of the elements of the prima facie case of negligence exist d) Although no actual injury occurred, since the boys are breaching a duty, the tort of negligence can be established. 7) Russel, upset that his ex-wife, Katy, is now involved in a new relationship, gets drunk, then gets in his car to take a drive on a windy road near his house. Due to his drunken state, he panics when an oncoming car's headlights shine in his face and he drives off the road, into a neighbor's living room. When the neighbor, John, yells at Russel for causing so much damage, Russel punches John in the face. Determine the best claims for John to bring in a lawsuit against Russel. a) John can claim that Russel was negligent in his driving. His subsequent conduct was, at most, negligent since his inebriated state prevented him from forming the intent necessary to prove the intentional torts of battery or assault. b) John can claim that Russel's intentional trespass caused him to negligently drink, drive, and batter John. c) John can claim that Russel was negligent in driving and that his subsequent conduct constituted the intentional torts of assault and battery. d) John can claim that Russel committed to intentional tort of truck driving and that Russel negligently trespassed and assaulted John. 8) Electric City, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely: a) will be considered valid by federal courts b) Will require employees to go to court to resolve employment-related disputes. c) Will be unenforceable in federal courts. d) Will result in employees having to mediate their employment-related claims against Electric City. 9) Jack was trying to hang a picture of Jennifer Lopez in his apartment. Since he did not have a hammer, he tried to pound a nail into the wall using a can of Slickem hair spray for men. Unfortunately, the can exploded injuring Jack. a) Jack will win an action against Slickem under strict product liability if can did not have a notice warning consumers not to use the can in this manner. b) None of the answers c) Jack will win an action against Slickem based on battery. d) Jack will win an action against Slickem for negligence since his injury was foreseeable. 10) Samantha and Sabrina open a specialty gift store where they change their inventory depending on the season or upcoming holiday. On September 15, they contract with Ghouls R Us to provide their store with a wide variety of Halloween decorations and costumes by October 1. On October 10, Ghouls informs Samantha and Sabrina that due to an unfortunate fake cobweb accident, they cannot fill Samantha and Sabrina's order. Determine the likely outcome of the case when Samantha and Sabrina sue Ghouls for breach of contract. a) Samantha and Sabrina won't recover damages because the contract was executory. b) Samantha and Sabrina will recover damages for lost sales through October 10, but may have to show they tried to get the Halloween items from another seller and failed in order to get any additional damages. c) Samantha and Sabrina won't recover damages because they had a duty to find a backup supplier. d) Samantha and Sabrina will recover damages for lost sales through the season because Ghouls breached their contract. 12) Sam paints the ceiling of his home to conceal the fact that the roof leaks and offers to sell his house to Linda. Sam's action would be characterized as: a) an active concealment of a material fact b) An innocent misrepresentation. c) None of the above d) The concealment of an immaterial fact. 13) which of the following is most likely to constitute fraud? a) a statement that a $55,000 car attracts members of the opposite sex. b) A statement that a car is "the best deal in town" when, in fact, the car broke down two months after the sale. c) Failure to speak about the existence of a toxic waste problem on real property that the purchaser couldn't reasonably discover. d) A prediction that a painting's value will rise, when in fact it did not. 14) in order to comply with a statute of limitations: a) personal service contracts cannot have a term of more than seven years. b) A complaint must be filed within a specified period of time. c) All contracts that cannot be performed within one year must be in writing. d) The parties must determine the period in a signed writing. 16) Regarding criminal law, all of the following statements are true except: a) criminal law is comprised of principles and rules intended to protect all of society. b) Criminal law defines public wrongs prohibited by a state or the federal government. c) Failure to meet standards of conduct specified by the criminal law can result inprosecutions being brought in the name of the state or federal government. d) Criminal law defines the rights and duties that exist between private parties. 17) the defense of contributory negligence: a) is generally structured to allow for a percentage of recovery. b) Does not apply to negligence actions. c) Generally bars any recovery d) Is no longer recognized in the United States 18) which of the following is true concerning the statute of fraud? a) It makes all oral contracts void. b) It makes certain contracts unenforceable if they are not evidenced by ladequate writing. c) It details the remedies available to people who are victimized by fraud d) It makes all written contracts void