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Law, Practice

Business Law Practice Questions MULTIPLE CHOICE (answers at bottom level of page) 1 . Paul filed a lawsuit for false imprisonment against Dan’s Bookstore. Within a visit to Dan’s Bookstore, Serta stopped Paul as he left the store.

Kemudian accused Paul of stealing a book through the store. After briefly looking into Paul’s purchasing bag, Dan determined that Paul did not shoplift. He apologized to Paul and released him. On these types of facts, Kemudian will likely: a. b. c. win the situation, because the shopkeepers’ privilege statut gives retail outlet merchants absolute, wholehearted immunity (protection) from such lawsuits. shed the case, since Paul would not shoplift. in the case, but only if a courtroom or trier of truth concludes that Dan had reasonable trigger to believe Paul may possess shoplifted, held him to get a reasonable time, and in a reasonable manner. drop the case, because Dan would not have a warrant. g.

2 . You possess wrote McGuire, “I promote you my house and whole lot at 419 West Lombard Street, Bay area, California intended for $950, 1000 payable upon merchantable action, deal to be completed within just 60 days in the date of your acceptance.  Assuming that Bonds’ letter contains terms which can be deemed completely certain and definite, which in turn of the subsequent statements is proper?. Bonds’ letter is not an offer until Bonds planned it to become an offer. w. Bonds’ notification is rather than an offer except if McGuire thought Bonds meant to make an provide. c. Bonds’ letter is definitely an offer if a reasonable person with complete knowledge of conditions would be justified in considering it was designed as an offer.. d. Bonds’ letter can be not a present unless both Bonds and McGuire deemed it because an offer. several. Iverson Company wrote a letter to Miller, “We have received a remarkably fine home winding Rolox watch which we promote to you by a very favorable price.  a. b. c. m.

The page is an offer to sell. A legitimate offer cannot be made by notification. The letter contains a valid offer that may terminate within a reasonable period. The notice lacks one of many essential elements of an offer. some. Don was negligently traveling south upon Merdock Opportunity when his car rear-ended a car driven by Patty. The force of the effect forced Patty to rear-end Terry’s car. In turn, the force from the second impact caused Terry’s car hitting a lamppost, which then fell on a house owned by Paul. The force from the impact worried Paul, leading to him to immediately have a myocardial infarction.

Paul sues Don pertaining to negligence. In the event that Paul stabilizes, the most very likely reason is: a. w. c. deb. Paul surely could prove that Don proximately induced Paul’s traumas. Paul could prove that the damages he suffered had been actually caused by Don. Paul was able to provide evidence that Don breached a duty of due care owed by simply Don to Paul. Paul was able to prove all of the above (a, b & c). 5. Sammy agreed to promote and Larry agreed to acquire Sammy’s car for $400, payable upon delivery. Sammy delivered and left the vehicle with Larry. However , Larry failed to shell out Sammy the $400.

After eight years had handed following the delivery and acceptance of the car by Lewis, Sammy sued Larry in state courtroom for inability to pay out him the $400. Based only around the above explained facts, which will of the following statement is most accurate? Believe the UCC applies plus the statute of limitations for oral deals is two years and for crafted contracts is four years. a. Simply no contract was ever made between Sammy and Lewis. b. A contract was created nevertheless likely not really enforceable because the statute of limitations has expired. c. A contract was developed, but it is merely enforceable whether it is in writing. g.

A contract was developed and is enforceable. 6. Costs purchased a can of Sipep in the Ajax Minimart. After this individual finished ingesting the Sipep, Bill noticed that the can contained lifeless insects stuck on the inside lower part of the may. In a tight product the liability tort actions against Ajax, Bill must prove, and a lot more, that: a. b. c. d. Ajax is a vendor selling Sipep. Ajax knew or must have known in the defective state. Ajax had prior see of additional similar problems with Sipep products. Ajax in fact placed the dead bugs into the can easily.

7. Beneath which from the following conditions does rigid product legal responsibility apply?. n. c. deb. Sale of a defective and unreasonably hazardous product. Produce of a faulty and maniacally dangerous item. Both (a) and (b) are correct. Neither (a) nor (b) are accurate. 8. On, may 1, Back-Talk Computer Shop offerd to offer five (5) computer servers to Gatekeeper Company for $5, 1000. 00 every single, delivery to be on May 35. Later that day (May 1), Gatekeeper responded that this would purchase the computers only if they were sent within 3 business days and nights. Back-Talk advised Gatekeeper the following day, May a couple of, that it probably would not be able to provide the goods in the time requested by Gatekeeper.

Which with the following holds true regarding Back-Talk’s offer? a. There is no agreement between Back-Talk and Gatekeeper. b. Gatekeeper’s additional term became part of the contract, therefore Back-Talk can be obligated to provide the goods within just three organization days. c. Back-Talk’s provide was approved by Gatekeeper d. Gatekeeper may after accept Back-Talk’s May you offer if it is then happy to accept delivery in 4 weeks. 9. The body of law which in turn establishes rights between folks and provides intended for redress intended for violation of people rights is recognized as: a. n. c. deb. Criminal Regulation. Civil Rules.

The Consistent Commercial Code. Stare decisis. 10. Donny threw a knife in Sally, planning to injure her severely. However , Donny overlooked Sally. Sally saw surgery just as that whizzed by her mind, missing it by about 1 inch. As a result, Sally was very worried. Sally sued Donny intended for assault and battery. Which will of the next is most correct? a. n. c. m. Donny will be liable for battery, but not invasion. Donny will probably be liable for strike, but not electric battery. Donny will probably be liable for strike and for battery. Donny are not liable for possibly assault or perhaps battery because is only a criminal subject. 1 . In many states the following types of contracts happen to be within the arrêté of scams. a. m. c. d. Contracts for the sale associated with an interest in personal items. Contracts that can be performed within a year from your date with their formation. Deals for someone buy of goods. Agreement sfor the sale of goods for any price of $500 or even more. 12. On, may 1, 2005, Eckerly Realty Inc. mailed a created offer to Masse to get the sale of an office building. The offer included an share term which it would run out on 06 30, 2005 if the approval was not provided into the hands of the offeror by the expiry date.

In June 30, 2005 for 8: 00 a. meters., Masse delivered a written acceptance to Eckerly through Masse’s personal messenger. However , the messenger was not in a position to deliver the popularity until September 1, 2005. On Come july 1st 2, june 2006, Eckerly contacted Masse, informing him the acceptance was delivered 1 day late. Because of this, Eckerly rejected to reverance the approval. Which in the following is considered the most correct affirmation? a. You cannot find any contract between Eckerly and Masse. However , if Masse would have mailed the acknowledgement on 06 30, 2006, a contract could have been made. b. There is a contract among Eckerly and Masse.

The moment that Masse gave the acceptance towards the messenger, a contract was formed since acceptances will be valid quickly upon distribute. c. There is a contract among Eckerly and Masse. The simple fact that the acknowledgement arrived just one day later is of zero significance. d. There is no deal between Eckerly and Ton. 13. Which of the next statements is proper concerning the “reasonable person” standard in atteinte law? a. The sensible person standard varies from individual to individual. b. The reasonable person standard concentrates on the defendant’s subjective mental state rather than for the defendant’s tendencies. c.

A person which has a physical impairment must act as would a fair person while using same handicap. d. A person with a mental disability must work as would a person together with the same mental disability. 18. Robert makes the following statement while settling the sale of his car, “This is a sharpest car on the market.  His declaration may support a declare for: a. b. c. d. misrepresentation. fraud. fraudulence and misrepresentation. non-e from the above. 15. Paula hired an apartment to Dave for $500 monthly. Paula and Dave agreed upon a one-year lease, to work beginning January 1st. After three months, Dork decided that he did not like the condo.

He offered Paula a 30-day written-notice, stating that he would vacate the local rental unit at the end of the 1 month, which was Apr 30th. Upon receipt of Dave’s recognize, Paula produced reasonable attempts to find a fresh tenant. Even so, the condo remained vacant from May well 1 st through Summer 30 a. Paula re-rented the house beginning Come july 1st 1 st for one year. Paula sues Dave in small claims court. Precisely what is the probably outcome? a. Paula is definitely entitled to the balance of the lease contract, or $4, 000, because Dave would not have a legitimate reason to breach the contract. m. Paula is usually entitled to nothing at all, because Sawzag gave Paula thirty-days written-notice. c.

Paula is allowed to $1, 000, because the girl tried to get another tenant immediately upon learning of Dave’s intent to breach the contract, unfortunately he unable to re-lease the apartment until This summer 1 st d. Paula is qualified for $500, which usually represents one-month’s rent. sixteen. Tom and Jerry created a contract whereby Tom agreed to sell Jerry $1, 1000 worth of heroin, a great illegal element. This is among the a: a. b. c. d. quasi contract. gap contract. voidable contract. secondary party named beneficiary contract. Modified: 01/06 Answers to Business Law Practice Questions 1 . c 2 . c 3. d 5. d a few. b 6. a 7. c eight. a on the lookout for. b 12. b 10. d 12. d 13. c 18. d 15. c 16. b