Houria went to a baseball game and was sitting in a section of ballpark that had no protective screen. During the game, a stray baseball hit Houria in the face. Houria wants to sue the ballpark for damages. The ballpark will likely raise which defense?
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Vanessa purchased a designer Gucci handbag from Helen on craigslist.org. Helen represented that the handbag was an authentic Gucci product made of leather. Vanessa relied on Helen’s representation and purchased the handbag. When Vanessa received the handbag, she discovered that the bag was plastic and not an authentic Gucci product. Vanessa’s remedy in this situation is:
| To receive the difference between the value of an authentic Gucci bag and the value of the plastic knock-off |
| To force Helen to give Vanessa what Vanessa was expecting, an authentic Gucci bag |
| To rescind the contract for fraud, return the handbag and recover the purchase price |
| To rescind the contract for fraud, keep the handbag and recover the purchase price |
A vice president of Shoes Corporation makes vague statements to a representative of Global Distribution, Inc. regarding a potential business deal. Under the objective theory of contracts, the vice president’s words and conduct are held to mean whatever:
| the vice president subjectively intended them to mean |
| the representative subjectively thought they meant |
| a reasonable person in the representative’s position would think they meant |
| a reasonable person in the vice president’s position would think they meant |
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Robbie announces that he plans to paint his Rolls-Royce pink. Walker, who cannot bear the sight of a pink Rolls-Royce, offers to pay Robbie $500 to paint the car a more traditional color. Robbie paints his car a more traditional color the next day. Walker’s promise to pay is:
| enforceable because Robbie agreed to refrain from doing something that he was legally entitled to do |
| unenforceable even if Robbie paints the car a more traditional color |
| enforceable because Robbie preferred the pink color to the more traditional color as evidenced by his prior statement |
| unenforceable because Robbie should not have considered painting the Rolls-Royce pink in the first place |
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Reggie sued his former business partner John for breach of contract. Reggie wants to introduce evidence of John’s prior felony conviction that occurred decades before Reggie ever met John. The felony conviction was for armed robbery. John’s strongest objection against allowing this evidence at trial is:
| The conviction records are hearsay |
| Reggie has no personal knowledge of John’s felony conviction |
| John’s conviction for armed robbery is irrelevant to Reggie’s breach of contract claim |
| The felony records are privileged |
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Steve and Selena were in a car accident and Steve wants to sue Selena in a civil lawsuit. Joey was an eye witness to the car accident but he refuses to voluntarily testify at trial. If Steve wants Joey to testify at trial, Steve must obtain a:
Stacy, a resident of Washington state, wants to sue Ladders, Inc. in federal court in Washington State. Ladders, Inc. is incorporated in Delaware and it’s headquarters are in Atlanta, Georgia. For purposes of determining whether there is diversity jurisdiction, Ladders, Inc.’s citizenship is in
The law generally recognizes the following communicative privileges EXCEPT for the:
| confidential marital communications privilege |
| attorney-client privilege |
| student-teacher privilege |
