Question 1

Last September, you and I discussed you cutting my lawn this summer for $50 per week. This June, you began cutting my lawn every week.

We have a(n) __________.

• unenforceable contract
• implied contract
• quasi-contract
• express contract

Question 2

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A red car crashes into a blue car at night on a dark road. The driver of the blue car sues the other driver for negligence.

Assuming it is true, which of the following would represent a strong defense against the negligence claim?

• Neither driver was wearing a seatbelt.
• Both drivers assumed the increased risk associated with driving at night.
• The red car was rushing to the scene of another accident to provide medical care.
• The driver of the blue car was drunk and driving erratically, which caused the accident.

A manufacturer of an electric meter that included surge protectors to prevent damage to the meter from overloads is sued exclusively for strict product liability by an electric company after the surge protectors failed and damaged the electric meters. The manufacturer defends the claim of strict product liability on the basis that the defect in the product only damaged the product itself and there were no personal injuries.

How strong is this defense by the manufacturer?

• Strong, because strict product liability does not allow for economic loss occasioned from a defect in a product that only causes damage to the product itself.
• Strong, unless the electric company can provide a reasonable alternative design to the meter that would have mitigated the risk of the surge protectors failing.
• Weak, because strict product liability applies to defective products even when they do not cause personal injuries or damage a company's property.
• Weak, because there is no indication that the electric company was aware of the product's defective surge protectors and elected to use the meters anyway.

Question 5

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Which of the following scenarios would likely result in an order for specific performance or an injunction, rather than a monetary award?

• Paul and Jordan hire a pool company to install a new pool in their backyard. When the pool is complete, it's clear the company did a poor job, and chlorine water is leaking out of the pool and killing their grass. Paul and Jordan sue the pool company for breach of contract.
• Fortuna owns a painting done by a famous artist, and she agrees to sell it to Langston for a significant sum of money. Later, Fortuna changes her mind and refuses to part with the painting. Langston sues Fortuna for breach of contract.
• Hannah agrees to sell her used nursery furniture to her friend, Melissa. Several months pass and it seems clear that Hannah will not follow through on the contract, so Melissa sues her for breach of contract.
• When a tree removal service comes to Amanda's house to cut down several trees, it ends up damaging the roof of her garage. The company refunds the tree work but refuses to pay to repair her garage. Amanda sues the company for breach of contract.

Question 6

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Select the statement that is true of consumer law prior to the 20th century.

• It was rooted in the fact that consumers had much more direct contact with producers than they do now.
• It essentially functioned in the same way as current products liability law.
• It relied primarily on the threat of litigation to ensure product safety.
• Its central tenet was "seller beware."

Question 7

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

• The sales contract for a lumber mill that sells building materials includes a liquidated damages clause for the amount of $50 million in the event of a breach of contract.
• In its sales contract, amaker of musical instruments gives buyers a maximum of two years to raise any concerns relating to breach of contract.
• The sales contract for a swimming pool supply store allows for a single remedy for any contract breaches.
• The sales contract for a consumer electronics company excludes specific performance as a remedy for non-delivery of items ordered by the buyer, but it allows for refunds.