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BUL 3310 Actual EXAM with Questions and 100% Correct Answers
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Typically in construction contracts there will be a provision awarding damages to the buyer at "X" amount of dollars per day for each day the builder is late in completing the work. The parties to the contract agree upon this amount in advance because they know the buyer will incur added costs, ...

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  • September 2, 2024
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  • 2024/2025
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BUL 3310 Actual EXAM with Questions and
100% Correct Answers

Typically in construction contracts there will be a provision awarding damages to the
buyer at "X" amount of dollars per day for each day the builder is late in completing the
work. The parties to the contract agree upon this amount in advance because they know
the buyer will incur added costs, or will lose profits, because of the delay. If the amount
fixed for the damages is unreasonably high, the court will consider it a
________________and will not enforce it.


A. Tort
B. Crime
C. Penalty
D. Act of extortion - Answer penalty


Which of the following statements is true about modifying contracts governed by the
Code?


-No new consideration is required to modify an existing contract.
-Modifications must be made in good faith
-Parties may agree that all modifications to an existing contract must be in writing.
-All of the above are true statements. - Answer All of the above are true statements.


Under the common law, modifications to existing contracts required new consideration
from each party.
True
False - Answer T

,In contributory fault states, if the plaintiff was responsible for 20 percent of his own
injuries, he will still be able to collect the other 80 percent from the negligent defendant
T/F - Answer F


A tort can be a wrongful act against a person, a person's property, or both.
T/F - Answer T


All of the following are economic losses except: - Answer Losses from pain and suffering


The doctrine under which employers are liable for torts committed by employees while
they are acting within the scope of their employment is ___


a. Joint and several liability
b. Respondeat superior
c. Negligence per se
d. Res ipsa loquitur. - Answer Respondeat superior


Al, Bill, Chad, and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity got out of hand. Al, Bill, and Chad do not have the
money to pay for their share of the damages. The only solvent defendant is Dan. The
most that Dan will have to pay is - Answer 100,000


In Joint and several liability one party is potentially liable to pay the entire amount of
the judgement
T/F - Answer T

,In most states, children under the age of ___ cannot be held liable for negligence -
Answer 7


There are no defenses available to a defendant manufacturer in market share liability
cases
T/F - Answer F


An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering
T/F - Answer T


To be liable for trespass to land a person must know that the property belongs to
another
T/F - Answer F


Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against hunting. If
Neighbor sues Hunter,


- Hunter will be liable for willful trespass to land
- Hunter may be liable for punitive damages
- Hunter may have to pay neighbor's court costs and attorney's fees
-All of the above are possible legal consequences - Answer All of the above are possible
legal consequences


Tom took Al's car without Al's permission and used it for two days before returning it.
Tom has committed the tort of conversion
T/F - Answer F

, Injunctions are available as remedies in nuisance cases
T/F - Answer T


Sam's neighbor has opened an animal rescue on his property. This is an entirely legal
enterprise, but Sam hears animals barking, squaking, screaming, etc... 24 hours a day,
cannot hear his television or talk on the phone. What tort, if any, is ... - Answer Nuisance


Company A has entered into a contract to acquire Company B. Hearing of this, Company
C offers to acquire Company B for more money and to idemnify the directors of
Company B for any damages resulting from its breaching its contract with Company A.
Company A can sue Company C for the tort of


a.Breach of Contract
b.Trespass
c.Interference with contractual relations
d.Interference with prospective advantage - Answer Interference with contractual
relations


To bring a suit for disparagement, the plaintiff must show specific pecuniary losses
attributable to the falsehood
T/F - Answer T


The tort of wrongful appropriation of another's goodwill includes reverse engineering
another's product
T/F - Answer F


Wendy Witness testified for the plaintiff in a suit against Dan Defendant in which he was
charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation

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