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QUESTION 38

  • Which of the following is/are legal constraints on the defective design component of strict liability?

State-of-the-art

Practicality of use

Economic feasibility

All of the above.

QUESTION 39

  • Fran believes all people in a society have an implicit agreement with one another to obey moral rules. Which of the following ethical theories most accurately describes Fran’s beliefs?

Utilitarianism

Machiavellian ethics

Rousseau’s ethics

Ethical Relativism

QUESTION 40

  • Which of the following is a false statement?

The law in the United States has been mainly influenced by the French Napoleonic Code.

One major purpose of the law is to protect persons and their property from unwanted interference from others.

Those precepts that must be obeyed and followed by citizens subject to sanctions or legal consequences can be thought of as law.

Law serves both to maintain the status quo and to facilitate orderly change.

QUESTION 41

  • The intentional tort of false imprisonment is best defined as:

Being held in jail waiting for an arraignment.

The intentional confinement or restraint of another without authority or justification and without that person’s consent.

The holding in prison of a person convicted of a crime who is appealing the conviction.

A confinement that is caused by accidentally confining another person without that person’s consent.

QUESTION 44

  • What is a FALSE statement regarding contract damages?

The Mitigation Rule requires an aggrieved breach of contract party to make a good faith and reasonable effort to lessen his or her damages.

Consequential damages cannot be speculative.

Reliance and expectation damages are never recoverable as they are too speculative.

Liquidated damages are permissible if they are not deemed to be a “penalty.”

QUESTION 45

  • Which of the following is a false statement?

If a contract for the sale of goods does not include a price term, it nonetheless may still be enforceable pursuant to the Uniform Commercial Code.

If a contract for the sales of goods does not include the exact terms for payment, it normally will be unenforceable since it is impermissibly vague.

When an offer for the sale of goods does not specify a means of acceptance, the offer usually can be accepted by any manner reasonable under the circumstances.

A warranty is an assurance by the buyer to the seller that he or she will pay valid and good consideration for a product.

QUESTION 46

  • Which of the following is a true statement?

The offeree is the person who makes an offer.

A void contract is enforceable if it is in writing pursuant to the Statute of Frauds.

A contract can be created only when it is accepted by the offeree’s actual performance of an act.

A unilateral contract is accepted and formed under the common law when the one receiving the offer fully completes the requested act or performance.

QUESTION 47

  • Which of the following is a false statement?

A participant in a very dangerous activity, such as construction blasting, subject to the doctrine of strict liability is not liable if he or she exercised a great deal of care in undertaking the activity.

A person can sue an unlicensed professional, such as a lawyer, for negligence in handling his or her legal affairs.

Comparative negligence allows the plaintiff to make a partial recovery from the defendant in situations where the plaintiff was also to some extent at fault.

The defense of assumption of risk, if present, prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

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