Questions 40 - 41 are based on the following fact pattern:

Poor "Lucky," the 12 year-old recently neutered, partially blind pit bull with a missing right ear, and missing tail, his luck finally ran out - a car accidentally ran a stop sign and ran over Lucky while he was being walked by his owner.Lucky's owner was not injured.Lucky's owner rushed Lucky to the veterinarian and received a $10,000 bill.The owner's best friend, Lucky, could not be saved.

40.What damages are available to Lucky's owner.

a.The fair market value of a 12 year-old recently neutered, partially blind pit bull with a missing right

ear, and missing tail.

b.Emotional distress damages for witnessing Lucky being run over by a car.

c.Loss of companionship damages

d.$10,000 for the veterinarian bill.

e.A and D are correct.

ANSWER:__________

41.Under California law, Lucky is considered to be:

a.Personal property entitling the owner to economic damages for Lucky's death.

b.Unique property entitling the owner to non-economic damages for Lucky's death.

c.Special property entitling the owner to economic and non-economic damages for Lucky's death.

d.Unique property entitling the owner to special damages for Lucky's death.

ANSWER:__________

42.Billy-Bob owes Homer $10,000,Jethro telephones Billy-Bob and tells him not to worry,that he'll pay Homer the money that Billy-Bob owes him.This promise is:

a. Unenforceable because it is an oral guarantee to pay the debt of another.

b. Enforceable because of the partial performance doctrine.

c. Unenforceable because Jethro's promise is valued at over $500.

d. Enforceable as an oral promise.

ANSWER:__________