1. What is "comparative negligence?"
1) Comparative negligence is another term for strict liability.
2) Comparative negligence compares the negligence of one case against the negligence involved in similar cases.
3) Comparative negligence increases the recovery of plaintiffs in cases where the defendant engaged in especially bad behavior.
4) ) Comparative negligence reduces a plaintiff's recovery if the plaintiff was partly at fault.
2. Which of the following is not a necessary element to a legal contract?
1) Reasonably definite terms
2) Consideration
3) Written contract
4) Offer
3. Which of the following is NOT a public policy reason for the doctrine of strict liability?
1) manufacturers should have an incentive to avoid carelessness in the manufacture and design of their products.
2) manufacturers and sellers are in a better position to bear the costs of injuries resulting from faulty products than are consumers and users.
3) consumers should be responsible for their own safety.
4) consumers should be compensated for injuries caused by unsafe products.
4. Ira enters into a contract to buy a unique antique collection of sports memorabilia for $1,000 from Jane. Jane also signs the contract. On the day of performance, Jane refuses to sell the sports memorabilia. Assuming Ira really wants the sports memorabilia he should sue for?
1) Rescission
2) Specific Performance
3) Monetary Damages
4) Promissory Estoppel
5. John and Steve are playing one-on-one basketball. John charges Steve bumping into him andd fouling Steve. Steve is angered by this. Later, Steve thinks John is charging him again and rather than letting John bump him, Steve punches John in the face knocking him down (not part of the game). John sues Steve for the injury. What is the likely result?
1) Steve was negligent in how he played basketball and will have to pay for the injury.
2) John assumed the risk of basketball and being injured while playing and cannot recover from Steve
3) Steve battered John and would be liable to John for any damages.
4) John consented to play the sport of basketball with Steve and cannot now sue and win after he is injured.
6. You have a friend that is struggling financially and you tell the friend: "I promise I will give you $1,000 to help you through your difficulty" Your friend gratefully accepts your offer and deeply thanks you. Later you see that friend out shopping and buying expensive clothing. You are angered by this and confront the friend and say I am not longer giving you the $1,000. Your friend sues you for breach of contract. Select the best legal analysis.
1) No contract was formed because there was no consideration from your friend.
2) No contract was formed because you never made a serious offer.
3) A binding contract was formed because all the necessary elements were met: offer, acceptance, consideration and reasonably definite terms.
4) A binding contract was formed because you made a promise.
7. Don has a trampoline in his front yard that he has not used for years and it has fallen into disrepair. One day a group of school children saw the trampoline on his yard and went to play on it. The children were not invited on the yard and were trespassing on private property. When one of the children was jumping on the trampoline the rusted springs broke causing the child to fall to the ground causing her injury. She sued Don under the doctrine of:
1) Attractive Nuisance
2) Don has no duty to trespassers
3) Res Ipsa Loquiter
4) Intentional Infliction of Emotional Distress
8. Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina
1) had not shoplifted in the past.
2) did not actually shoplift.
3) had probable cause to leave the premises.
4) was detained for an unreasonably long time.
9. Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted
1) unreasonably.
2) unrealistically.
3) unreliably.
4) unrecognizably.
10. You happen to see Lindsay Lohan (famous movie star) at a SCSU Hockey game and she is wearing an SCSU sweatshirt. Without her permission, you take her picture. The picture turns out great and you use it to advertise SCSU hockey. Lohan sues you, What is her best legal argument?
1) Promissory Estoppel
2) Defamation
3) Privacy Intrusion into a person's private affairs.
4) Appropriation.