LEB 320F All Quiz Questions fully solved & updated.
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Course
LEB 320F
Institution
LEB 320F
common law
all the rules and principles currently existing in any state, regardless of their historical origin, that result form judicial decisions in those areas of law where legislatures have not enacted comprehensive statues (judge-made law)
statutory law
legal rules that have been form...
LEB 320F All Quiz Questions fully solved
& updated
Which of the following transactions would not be within the scope of Article 2 of
the UCC?
a. A leasing contract for an apartment.
b. Buying a car.
c. Buying a cell phone.
d. A contract to buy coal. - ANSWER- A. (A lease for an apartment is not within
the scope of Article 2 of the UCC because it is not a contract for tangible,
movable goods.)
A baseball team may avoid negligence liability by having an exculpatory clause
on the back of game tickets relieving them of liability to fans struck by foul balls. -
ANSWER- True. (Although exculpatory clauses are often found to be against
public policy, they are usually enforced for recreational activities.)
A claim arising out of the Americans with disabilities act, which is a Federal
statute, would be a Federal Question case and, therefore, be within a federal
district court's jurisdiction. - ANSWER- True. (Any case that arises out of a federal
statute, such as the Americans with disabilities act, can be brought in a Federal
District court.)
A company can be charged with copyright infringement for simply providing the
means to the actual infringer to commit the infringement. - ANSWER- True. (This
is called secondary infringement.)
A composition agreement generally involves one creditor accepting a percentage
of what he is owed from two separate debtors. - ANSWER- False. (A composition
agreement generally involves two creditors accepting a portion of what they are
owed from a single debtor. This is considered binding because, in order to
,receive any money from the debtor, both creditors accept only a portion of what
they are owed.)
A contract between a Texas corporation and a California corporation, containing
a provision that all litigation regarding the contract will be performed in Maine.
The contract was signed in New York. What state's law should apply under the
traditional view?
a. Texas
b. California
c. New York
d. Maine - ANSWER- c. (The traditional view is to apply the law of the state in
which the contract was made. Because the contract was signed in New York, New
York's law should apply.)
A contract calling for an action that does not violate a statute can still be found to
lack a legal purpose. - ANSWER- True. (Even if an action does not have a criminal
penalty or otherwise violate a statute, a contract for said action can be
considered illegal because the action is contrary to a state's public policy.)
A contract for the sale of corn is not considered a sale of goods, for the purposes
of Article 2, if the corn will be severed from the land by the buyer. - ANSWER-
False. (Under § 2-107 of the UCC, a contract for the sale of growing crops or
timber is a contract for the sale of goods, regardless who is to sever them from
the land.)
A contract involving a loan will be considered void if the interest rate agreed
upon is above state regulations. - ANSWER- True. (If interest rates of a loan are
above prescribed state maximums, the contract is considered usury and invalid.)
A contract may be modified without additional consideration under common law.
- ANSWER- False. (A modification contract— a contract that alters the terms of an
existing contract—typically requires some new consideration in order to be
enforceable.)
A contract may be set aside due to unequal bargaining power in certain
circumstances. - ANSWER- True. (please add why if you had this question)
A contract may sometimes be rescinded if only one party is mistaken as to a
portion of the contract. - ANSWER- True. (A contract may be rescinded due to a
unilateral mistake if the mistake was apparent, or should have been, to the other
party.)
,A contract of adhesion is one in which there is a certain amount of bargaining
between the parties used to decide the exact details of the contract. - ANSWER-
False. (A contract of adhesion is one in which one party has such superior
bargaining power it simply offers a "take it or leave it" contract. This is usually a
form contract offered by a merchant.)
A contract requiring that an illegal action take place is a voidable contract. -
ANSWER- False. (A contract requiring an illegal act is considered a void
contract.)
A contract that takes more than one year to complete doesn't necessarily need to
be in writing in order to satisfy the statute of frauds. - ANSWER- True. (please add
why if you had this question)
A contract with a third party must exist in order to establish a claim for intentional
interference with business relationships. - ANSWER- False. (Although the
existence of a binding contract subject to interference is one of the elements of
intentional interference with business relationships, the tort can be claimed to
exist if (a) a reasonable probability that the parties would have entered into a
contractual relationship; (b) an intentional and malicious act by defendant that
prevented the relationship from occurring, with the purpose of harming the
plaintiff; (c) defendant lacked privilege or justification to do the act; and (d) actual
damage or loss occurred.)
A contractual right cannot be assigned if which of the following is (are) true?
a. The terms of the contract expressly prohibit assignment.
b. The contract is "personal" in nature; the right in question involves a
substantial personal relationship between the original parties.
c. The assignment would materially alter the duties of the obligor.
d. All of the above - ANSWER- d. (These reasons would all block an assignment.)
A copyright is any distinctive word, phrase, symbol, or design adopted for the
purpose of identifying the origin of goods being offered for sale. - ANSWER-
False. (A trademark, not a copyright, is any distinctive word, phrase, symbol, or
design adopted for the purpose of identifying the origin of goods being offered
for sale.)
A copyright is within the scope of Article 2. - ANSWER- False. (Copyrights fail the
tangibility requirement and, therefore, are not considered goods for the purposes
of Article 2.)
, A copyright lasts for the life of the author plus 70 years. - ANSWER- True. (In
1998, Congress extended the term of copyright protection to the life of the author
plus 70 years. A work for hire copyright lasts for the shorter of 95 years from date
of publication or 120 years from date of creation.)
A corporation can be held criminally liable for any act of its employees. -
ANSWER- False. (A corporation can only be held criminally liable for acts
performed by an employee if that employee is acting within the scope of his or
her authority for the purpose of benefiting the corporation.)
A court can enforce a promise even though there was no express or implied
acceptance of the contract. - ANSWER- True. (A quasi-contract, also known as a
contract implied-in-law, is a contract implied regardless of whether the promisee
had any intention of making a contract. The promise is enforce as a matter of
equity to ensure that one party is not unjustly enriched, even though there is no
written agreement between the parties. )
A court enforces an injunction by charging the defendant with contempt of court
if the defendant fails to perform. - ANSWER- True. (An injunction is typically
enforced by the court holding defendants who fail to perform the court order in
contempt of court.)
A court of equity hears all cases that seek equitable remedies, such as
injunctions - ANSWER- False. (There are no longer courts of equity in most states
or in the federal system)
A court will generally consider the textual context of a statute when attempting to
determine the meaning of an ambiguous statute, prior to taking into account the
circumstantial context of the passing of the statute. - ANSWER- True. (Courts
often consider the textual context of a statute when trying to interpret the
meaning of the statute prior to considering the circumstantial context of when the
statute was passed.)
A debtor's written promise to pay a debt after the statute of limitations has
expired is enforceable despite lack of consideration. - ANSWER- True (In such a
case, the debt is said to have been "revived" and the creditor now has a new
statutory period in which to bring suit.)
A deposition is a series of questions sent by one party to the other, which much
be answered under oath. - ANSWER- False. (A deposition is testimony of a
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