Question 211 pts

The element of causation has two tests. One for actual cause and one for proximate cause -- respectively, the But for test and the Foreseeability test.

Group of answer choices

True

False

Flag question: Question 22

Question 221 pts

Edward is cited for texting after his car rear-ends the car in front of him. He will be liable based on negligence per se.

Group of answer choices

True

False

Flag question: Question 23

Question 231 pts

In a negligence action if the injury to plaintiff was unforeseeable plaintiff will not recover from the defendant.

Group of answer choices

True

False

Flag question: Question 24

Question 241 pts

Sparks flew from plaintiff's hair dryer when she turned it on but she continued to use it until it caught fire and burned her scalp. She sues Target where she bought the hair dryer for strict liability. Target would be liable in damages to her unless it proves the affirmative defense of assumption of the risk.

Group of answer choices

True

False

Flag question: Question 25

Question 251 pts

Comparative negligence is a defense to fraud.

Group of answer choices

True

False

Flag question: Question 26

Question 261 pts

Institutional lenders like credit unions and banks are exempt from usury laws.

Group of answer choices

True

False

Flag question: Question 27

Question 271 pts

Mutual assent is comprised of two contractual elements: offer and acceptance.

Group of answer choices

True

False

Flag question: Question 28

Question 281 pts

Before parties make a contract they have no contractual rights or duties between them. After making the contract their rights and duties are limited to the promises or actions agreed to.

Group of answer choices

True

False

Flag question: Question 29

Question 291 pts

Walter pays Ellen $50 to hold onto 6 rare wines that he may or may not buy within two months for $3,400. Two contracts between Walter and Ellen are identified here. One is an option contract. The consideration for the option contract is $50 from Walter in exchange for Ellen holding onto the rare wine for two months.

Group of answer choices

True

False

Flag question: Question 30

Question 301 pts

Express contracts can be written or oral. Implied contracts are based on conduct.

Group of answer choices

True

False