Tort & Contract Law: Key Concepts

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Questions and Answers

Which of the following best describes the 'reasonable person' standard in negligence cases?

  • The standard of care expected of a person with superior knowledge and abilities.
  • The standard of care expected of a person with minimal knowledge and abilities.
  • The standard of care expected of a highly skilled expert in a particular field.
  • The standard of care that a hypothetical, ordinary, prudent person would exercise under similar circumstances. (correct)

A software company contracts to deliver a customized program to a client by a specific date, but fails to deliver on time. What legal principle applies?

  • Breach of contract (correct)
  • Contributory negligence
  • Negligence
  • Defamation

Which of the following elements is NOT typically required for the formation of a valid contract?

  • Emotional connection (correct)
  • Consideration
  • Offer
  • Acceptance

In a defamation case, what is the key distinction between libel and slander?

<p>Libel involves written statements, while slander involves spoken statements. (B)</p> Signup and view all the answers

A pedestrian crosses the street against a red light and is hit by a speeding car. How might the principle of contributory negligence apply?

<p>The pedestrian's damages might be reduced because they also acted negligently. (D)</p> Signup and view all the answers

What is the primary objective of damages assessment in both tort and contract law?

<p>To compensate the injured party for their losses. (B)</p> Signup and view all the answers

An antique dealer unknowingly sells a forged painting as an original. The contract states, 'Sold as is.' What is the likely outcome regarding the contract's validity?

<p>The contract is voidable by the buyer because of misrepresentation. (B)</p> Signup and view all the answers

In contract negotiations, a party responds to an offer by changing some of the original terms. What is this called?

<p>Counteroffer (A)</p> Signup and view all the answers

A homeowner hires a contractor to remodel their bathroom. The contractor does a poor job, causing water damage to the house. Under what legal concept is the contractor most likely liable?

<p>Breach of contract (B)</p> Signup and view all the answers

A famous actor makes false statements about a rival, impacting the rival's endorsement deals. What cause of action might the rival pursue?

<p>Defamation (B)</p> Signup and view all the answers

What distinguishes a void contract from a voidable contract?

<p>A void contract is invalid from the beginning, while a voidable contract can be cancelled by one party. (D)</p> Signup and view all the answers

A store owner fails to clear ice from the sidewalk in front of their store, and a customer slips and gets injured. What legal claim might the customer bring against the store owner?

<p>Negligence (A)</p> Signup and view all the answers

A company promises a bonus to its employees based on performance metrics, but later refuses to pay despite the metrics being met. Could the employees have a valid claim?

<p>Breach of Contract (B)</p> Signup and view all the answers

A blogger publishes false and damaging information about a local business, leading to a significant loss of customers. What cause of action is most appropriate?

<p>Defamation (A)</p> Signup and view all the answers

In contract law, what must an acceptance do to be valid?

<p>It must mirror the offer exactly. (D)</p> Signup and view all the answers

What type of damages aims to put the injured party in the position they would have been in if the contract had been fully performed?

<p>Expectation Damages (B)</p> Signup and view all the answers

A customer spills a drink in a grocery store and fails to clean it up or warn anyone. Another customer slips on the spill and is injured. How does the first customer's action relate to negligence?

<p>It could establish negligence if the customer had a duty to act reasonably and failed to do so. (A)</p> Signup and view all the answers

A company makes a contract with a supplier who is later discovered to be engaging in illegal activities. How does this affect the contract's enforceability?

<p>The contract is automatically void due to illegality. (C)</p> Signup and view all the answers

An advertisement states 'Satisfaction guaranteed or your money back.' A customer is dissatisfied but is refused a refund. Does this refusal potentially constitute a breach of contract?

<p>Yes, because the statement is a clear offer, which the customer accepted by purchasing the item. (D)</p> Signup and view all the answers

In a situation where a plaintiff is found to be 40% responsible for their injuries, and the total damages are assessed at $100,000, how would the damages be awarded under a comparative negligence system?

<p>The plaintiff receives $60,000. (C)</p> Signup and view all the answers

Flashcards

Negligence

Failure to exercise the level of care a reasonably prudent person would under similar circumstances, resulting in harm.

Breach of Contract

Occurs when one party to a contract fails to perform their obligations as specified in the agreement.

Defamation

Making a false statement that harms another’s reputation; can be libel (written) or slander (spoken).

Contract Formation

The process of creating a contract, requiring offer, acceptance, and consideration (something of value).

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Damages Assessment

The process of determining the monetary compensation to be awarded to the injured party.

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Contributory Negligence

When the injured party's own negligence contributed to the harm they suffered, potentially reducing the damages they can recover.

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Void or Voidable Contracts

A contract that is not valid from the beginning or one that can be cancelled by at least one party.

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Offers and Counteroffers

An offer is a proposal to form a contract and a counteroffer is a rejection of the original offer with a new offer in its place.

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Study Notes

  • Tort law and contract law are fundamental areas assessed in entrance tests.

Negligence

  • Negligence is a key tort, involving harm caused by a failure to exercise reasonable care.

Breach of Contract

  • Breach of contract occurs when a party fails to fulfill the terms agreed upon in a contract.

Defamation

  • Defamation involves false statements that harm someone's reputation.

Contract Formation

  • Contract formation requires offer, acceptance, and consideration.

Damages Assessment

  • Damages assessment aims to compensate the injured party for losses resulting from a tort or breach of contract.

Contributory Negligence

  • Contributory negligence may reduce damages if the injured party also acted negligently.

Void or Voidable Contracts

  • Void contracts are unenforceable from the start, while voidable contracts can be cancelled by one party.

Offers and Counteroffers

  • Offers and counteroffers are essential elements in contract negotiations.

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