QUESTION 38
- Which of the following is/are legal constraints on the defective design component of strict liability?
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State-of-the-art |
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Practicality of use |
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Economic feasibility |
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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?
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Utilitarianism |
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Machiavellian ethics |
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Rousseau’s ethics |
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Ethical Relativism |
QUESTION 40
- Which of the following is a false statement?
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The law in the United States has been mainly influenced by the French Napoleonic Code. |
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One major purpose of the law is to protect persons and their property from unwanted interference from others. |
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Those precepts that must be obeyed and followed by citizens subject to sanctions or legal consequences can be thought of as law. |
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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:
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Being held in jail waiting for an arraignment. |
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The intentional confinement or restraint of another without authority or justification and without that person’s consent. |
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The holding in prison of a person convicted of a crime who is appealing the conviction. |
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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?
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The Mitigation Rule requires an aggrieved breach of contract party to make a good faith and reasonable effort to lessen his or her damages. |
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Consequential damages cannot be speculative. |
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Reliance and expectation damages are never recoverable as they are too speculative. |
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Liquidated damages are permissible if they are not deemed to be a “penalty.” |
QUESTION 45
- Which of the following is a false statement?
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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. |
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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. |
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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. |
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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?
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The offeree is the person who makes an offer. |
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A void contract is enforceable if it is in writing pursuant to the Statute of Frauds. |
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A contract can be created only when it is accepted by the offeree’s actual performance of an act. |
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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?
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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. |
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A person can sue an unlicensed professional, such as a lawyer, for negligence in handling his or her legal affairs. |
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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. |
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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. |
