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Exam (elaborations)

BUL 3310 Actual EXAM with Questions and 100% Correct Answers

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No, the buyer should have double checked the shipping date. - Answer Yes, there was a bilateral mistake of material fact Acme, a Dover, Delaware company, is to send widgets to a customer in Elmira, New York, under a destination contract. The contract will read F.O.B.Dover, Delaware F.O.B.Elmir...

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  • September 13, 2024
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  • BUL3310
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BUL 3310 Actual EXAM with Questions and
100% Correct Answers



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

,because the statements she made about him on the witness stand were ... - Answer
Dan cannot sue Wendy for defamation because she has an absolute privilege as a trial
witness

British Textile Manufacturer entered into a contract with Cotton Broker for 2,000 bales
of cotton to be shipped from India to England on the ship "Peerless, sailing from
Bombay." The contract was silent about the shipping date. Buyer expected the cotton
to be shipped on the Peerless that sailed from Bombay in October; seller expected to
ship the cotton on the Peerless that sailed from Bombay in December. By the time the
second ship arrived in England, buyer had found another supplier and refused to accept
the cotton. Does manufacturer have any defenses to the breach of contract suit
brought by Broker?


Yes, there was a unilateral mistake of material fact
Yes, there was a bilateral mistake of material fact
Yes, there was economic duress

No, the buyer should have double checked the shipping date. - Answer Yes, there was a
bilateral mistake of material fact



Acme, a Dover, Delaware company, is to send widgets to a customer in Elmira,
New York, under a destination contract. The contract will read


F.O.B.Dover, Delaware


F.O.B.Elmira, New York


F.A.S.Dover, Delaware


F.A.S.Elmira, New York - Answer F.O.B.Elmira, New York

,An illusory promise is consideration for a unilateral contract, but not for a bilateral
contract.
T/F - Answer F



Giving up the right to do something that one is legally entitled to do can serve
as consideration in a contract.
T/F - Answer T



An offeree is... - Answer The person to whom the offer to form a unilateral or
bilateral contract is made.



Plaintiff's duty to take steps to lessen the damages that result from a defendant's
breach of contract is the duty to


Mitigate
Subrogate
Abrogate
Ameliorate - Answer Mitigate


Which of the following is an illusory promise?


"I will buy tickets to the World Series if the Red Sox win the Pennant."



"I will go with you to the donkey basketball game if I can't think of anything better
to do."


"I will drive you to work if your car is still in the repair shop."

, "I will buy your car if my husband likes it." - Answer "I will go with you to the
donkey basketball game if I can't think of anything better to do."


Another term for special damages is _______________ damages.


Nominal
Mitigated
Consequential
Compensatory - Answer Consequential



What is the difference between libel and slander? - Answer Libel is
written communication, and slander is an oral communication



The majority of tort cases filed in the United States courts are based on negligence,
not on intentional torts
T/F - Answer T


The majority of tort cases in the United States are ___ cases - Answer Negligence



The earliest application of strict liability in American law was in cases involving which
of the following? - Answer Dangerous animals



Which of the following is not an element of negligence that must be proved by a
plaintiff? - Answer Superseding cause



Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine
patient, escaped. Cuddles ran around in the road and in an adjacent field until she was

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