14

A properly-drafted business contract may include the following sections:

1. A non-competition clause.
2. A choice of forum and law clause.
3. An arbitration clause.
4. Any or all of the above might be included in a business contract.

 15

Of the following, which is the BEST definition/example of the tort of defamation?

1. Intentionally communicating to a third party a false statement of fact that is harmful to the plaintiff's reputation.
2. Invading a defendant's privacy.
3. Publishing a written news article that injures the plaintiff's business.
4. Calling someone a liar to their face, when in fact that person was telling the truth.

QUESTION 16

Which of the following is considered a property right in most states?

1. False light privacy invasion.
2. Appropriation of plaintiff's image or name for commercial gain.
3. Photographing plaintiff while they sunbathe in their backyard.
4. Publication of plaintiff's confidential medical records.

 17

A promise to do something for another at a future time, where the promise is not supported by any value received from the promisee, would be considered:

1. an implied contract.
2. an express contract.
3. a promise of a gift that is not enforceable in court.
4. a promise of a gift that is enforceable in court.

 18

The remedy of specific performance is available:

1. whenever there is a breach of contract.
2. in any tort or breach of contract case.
3. when there is a breach of contract by a seller of goods.
4. when there is a breach of contract by a seller of unique goods or land.
5. when there is a breach of contract by a seller of unique goods or services.

19

A contract that is enforceable unless it is rejected by one of the parties, is called:

1. Void.
2. Valid.
3. Voidable.
4. Valid, but unenforceable.
5. None of the above.

QUESTION 20

A non-competition clause:

1. is always void.
2. is generally voidable.
3. generally could be considered valid and enforceable, if it is part of an employment agreement.
4. is punishable by death in the event of a breach.

QUESTION 21

Bob paid Phillip $1000 in return for Phil's promise not to open a retail store for 2 years and within 100 miles of Bob's store. This agreement occurred as part of the transaction wherein Bob bought his store from Phillip.

1. Bob can enforce this agreement against Phillip.
2. Bob cannot enforce this agreement against Phillip.
3. Phillip can open his store right next to Bob's store, whenever he wants.
4. Neither of the above.

QUESTION 22

If a minor rejects a contract for necessities, they:

1. would still be liable for the contract price.
2. may still be liable for the reasonable value of what they received.
3. would not be liable for anything.
4. can sue the other party to the contract, for damages.

QUESTION 23

Usually, the rule of quasi-contract is imposed

1. on parties who do not know how to read and write.
2. where no contract exists, but a court still requires payment due to some special need or policy.
3. by a court when the amount of money at issue is less than $100.
4. none of the above.

QUESTION 24

The following is true about contract consideration.

1. the consideration provided by each party must be equal in value.
2. the consideration must be something performed at the time the contract is created.
3. A promise to perform in the future is sufficient consideration to create a contract.
4. Consideration can violate the law, so long as it is not criminal conduct.

QUESTION 25

If a court decides that a person who slipped on ice in front of the defendant's retail store was entitled as an invitee to be protected against the danger posed by the ice, that person was probably a:

1. customer of the store
2. a state fire inspector
3. a pedestrian passing by the premises
4. a thief trying to break in.

QUESTION 26

If a minor rejects a contract for necessities, they might still have to pay:

1. because an implied contract would be created.
2. because the contract cannot be rejected.
3. because of the concept of quasi-contract.

QUESTION 27

In most civil lawsuits, the plaintiff must prove three things. Which of the following is NOT one of them

1. Defendant breached a duty
2. Defendant committed a crime
3. Plaintiff suffered harm
4. The cause of plaintiff's harm was defendant's breach of duty

QUESTION 28

A person lacks legal capacity to contract if:

1. they are under 18.
2. they do not understand what they are doing at the time they entered the contract.
3. if they have the flu.
4. they have had a few beers.

QUESTION 29

In an intentional tort lawsuit, the plaintiff would never be allowed to recover which of the following?

1. Punitive damages.
2. Compensatory damages.
3. Imprisonment of the defendant.
4. Foreseeable damages

QUESTION 30

A defendant could be liable for gross negligence if he was found to have acted:

1. unreasonably
2. intentionally
3. recklessly
4. with criminal intent

QUESTION 31

Six months in advance, a wedding planner hired a band to play at a wedding. Two weeks before the wedding, the band told the planner that they had decided to play a concert gig on the same night as the wedding and would not be doing the wedding. The wedding planner did not try to find another band to play the wedding and then sued band for the full $100,000 cost of the wedding that was ruined because there was no music. This was the amount the planner had to reimburse the wedding party.

1. The band was only liable for the full $100,000, if the planner tried to find another band after the first band breached, but could not find anyone else to play the wedding.
2. The band was liable for the full $100,000 because they breached and curing the breach was not the planner's problem.
3. The band was not liable for anything because they did not owe a duty to the planner.
4. The band was liable for compensatory and punitive damages.

QUESTION 32

A promise of a gift is:

1. enforceable in court.
2. a contract.
3. not a contract and not enforceable in court.
4. a contract, but still not enforceable in court.

QUESTION 33

A state law that violates the U.S. Constitution

1. can be enforced by that state's government only.
2. can be enforced by the federal government only.
3. can be enforced by the United States Supreme Court only.
4. cannot be enforced.

QUESTION 34

If one of the parties to a contract substantially performs their contractual obligations,

1. the non-breaching party's obligations will be discharged.
2. the non-breaching party can sue for damages caused by the material breach.
3. the non-breaching party can sue for damages caused by the non-material breach.
4. both a. and b. are correct.
5. both a. and c. are correct.

QUESTION 35

All of the following are legal remedies, EXCEPT:

1. Any damages.
2. Injunction.
3. Punitive damages.
4. Compensatory damages.

QUESTION 36

A restaurant menu is given to a customer by a server, after they are first seated at a table by the restaurant hostess. That menu would be:

1. an offer.
2. an acceptance.
3. a contract.
4. an invitation to negotiate.

QUESTION 37

The general rule for an oral agreement is that it is:

1. enforceable.
2. never enforceable.
3. enforceable, but only if there is a writing to confirm it.
4. always enforceable.

QUESTION 38

If a non-competition agreement is overly restrictive in time, territory or market,

1. It would be considered valid.
2. It would be considered void.
3. It would be considered voidable.
4. It would result in all of the parties going to jail.

QUESTION 39

In order to prove defamation, a plaintiff may have to prove all of the following, except:

1. Defendant made a false statement of fact about plaintiff.
2. That a false statement was heard by someone other than the plaintiff.
3. That the false statement caused some sort of harm to plaintiff.
4. That the defendant knew that the statement was false, when they made it.

QUESTION 40

Which of the following is generally not an essential element of a contract?

1. Contractual capacity
2. Consideration
3. money paid at the same time the contract is entered.
4. Legality