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Regarding fault, tort law is different from criminal law in that __________. under tort law, a plaintiff may recover even if the tortfeasor is not

Regarding fault, tort law is different from criminal law in that __________.

  • under tort law, a plaintiff may recover even if the tortfeasor is not involved in intentionally wrongful conduct
  • under tort law, a plaintiff may recover only if the defendant had a deliberate desire to do harm
  • under tort law, a plaintiff may only recover if a wrongful act has been committed by the defendant
  • under tort law, a tortfeasor may only be held liable if he or she did not observe all possible precautions

In which scenario would strict liability most likely apply?

  • The ceiling of a city hall crumbles and injures a few employees.
  • A fire at a grocery store injures several customers.
  • An explosion at a chemical plant injures several workers.
  • A deck collapses at a restaurant, injuring two diners.

The Uniform Commercial Code (UCC) is the primary source of law for contracts regarding __________.

  • the sale of goods and services
  • the sale or lease of goods only
  • the sale of goods and real estate
  • the sale of goods, services, and real estate

Which of the following is an example of a voidable contract?

  • A 21-year-old adult forms a written contract with an able-bodied and competent adult neighbor to clean his house for $1 per month.
  • A 21-year-old forms a contract with an able-bodied and competent 30-year-old neighbor to drive her to work all year in exchange for gas money.
  • A 52-year-old forms an oral contract with an able-bodied and competent adult neighbor to paint his deck for $1,000.
  • A 28-year-old adult forms a written contract with an able-bodied and competent 17-year-old neighbor to cut her lawn for $200 per week.

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?

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

Which contract generally must be in writing under the Statute of Frauds?

  • Alejandro purchases part of his neighbor's fields to expand his growing capacity.
  • Jamal agrees to dog-sit for his neighbor for the weekend.
  • Robert buys a used computer from a store for $400.
  • Nora accepts a job working for a local nonprofit agency.

A firefighter is injured by smoke inhalation while fighting an accidental fire at a local resident's house.

Is the homeowner liable for negligence if the firefighter sues?

  • No, because the firefighter was acting unreasonably by entering a burning home.
  • Yes, because the homeowner breached a duty of reasonable care to the firefighter.
  • Yes, but only if causation can be established.
  • No, because the homeowner had no duty of care to the firefighter.

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