Podcast
Questions and Answers
Which of the following best describes the 'reasonable person' standard in negligence cases?
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?
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?
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?
In a defamation case, what is the key distinction between libel and slander?
A pedestrian crosses the street against a red light and is hit by a speeding car. How might the principle of contributory negligence apply?
A pedestrian crosses the street against a red light and is hit by a speeding car. How might the principle of contributory negligence apply?
What is the primary objective of damages assessment in both tort and contract law?
What is the primary objective of damages assessment in both tort and contract law?
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?
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?
In contract negotiations, a party responds to an offer by changing some of the original terms. What is this called?
In contract negotiations, a party responds to an offer by changing some of the original terms. What is this called?
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?
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?
A famous actor makes false statements about a rival, impacting the rival's endorsement deals. What cause of action might the rival pursue?
A famous actor makes false statements about a rival, impacting the rival's endorsement deals. What cause of action might the rival pursue?
What distinguishes a void contract from a voidable contract?
What distinguishes a void contract from a voidable contract?
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?
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?
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?
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?
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?
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?
In contract law, what must an acceptance do to be valid?
In contract law, what must an acceptance do to be valid?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
Flashcards
Negligence
Negligence
Failure to exercise the level of care a reasonably prudent person would under similar circumstances, resulting in harm.
Breach of Contract
Breach of Contract
Occurs when one party to a contract fails to perform their obligations as specified in the agreement.
Defamation
Defamation
Making a false statement that harms another’s reputation; can be libel (written) or slander (spoken).
Contract Formation
Contract Formation
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Damages Assessment
Damages Assessment
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Contributory Negligence
Contributory Negligence
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Void or Voidable Contracts
Void or Voidable Contracts
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Offers and Counteroffers
Offers and Counteroffers
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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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