Car Sale Commission Dispute

A has fulfilled the express condition precedent to her duty to perform. Under her contract with B, A’s duty to perform is absolute. If A then fails to perform: Question * options: a) A will be in breach. b) A will be in breach unless her duty to perform has been discharged. c) B can demand adequate assurances. d) A will not be in breach.

Farmer contracted to sell Rancher *,* bushels of corn raised to Rancher’s specifications for Rancher’s pesticide and hormone-free organic beef operation. Due to a drought, Farmer could only produce *,* bushels of corn and was unable to buy additional corn that met Rancher’s specifications. When Rancher sues, Farmer will: Question * options: a) successfully argue for discharge based on impracticability. b) successfully argue for discharge based on impossibility. c) successfully argue for discharge based on frustration of purpose. d) be liable for breach, because Farmer assumed the risk of loss.

Developer hired Builder to construct an eight-story building to Developer’s specifications, on Developer’s land. Twice, the building has collapsed after reaching the height of the third floor due to unstable subsoil. Before entering into the agreement with Developer, Builder examined the reports of the State Geological Survey, which indicated that the nearest unstable subsoil was over * miles away from the construction site; Builder’s agreement with Developer is silent regarding who bears the risk for such problems. If Builder refuses to try again and Developer sues for damages, Builder will: Question * options: a) successfully argue for discharge based on impossibility. b) unsuccessfully argue for discharge based on impossibility because Builder assumed the risk of collapse. c) successfully argue for discharge based on impracticability. d) successfully argue for discharge based on frustration of purpose.

State hired Contractor to rebuild a historic wooden bridge in a state park. Contractor had completed over half of the work when the fire destroyed the partially rebuilt bridge along with most of the lumber that Contractor had stored nearby for use in the project. If Contractor refuses to continue working on the project, what is Contractor’s best argument that her duty to rebuild the bridge has been discharged? Question * options: a) Frustration of purpose b) Impracticability c) Contractor has no argument to make d) Impossibility

In support of his planned landscaping business, Gardener contracted with Supplier for Supplier to provide Gardener with regular shipments of trees. When Gardener was unable to lease a location for the business, Gardener notified Supplier that their deal was off. Gardener's best argument that his duty to buy trees has been discharged would be: Question * options: a) Impossibility b) Impracticability c) Frustration of purpose d) There is no argument to make for Gardener

Seller is located in New York, Buyer is located in Los Angeles. Seller's contract with Buyer includes this term: "FOB Los Angeles." Which of the following statements is true? Question * options: a) The risk of loss passes to Buyer when the goods are loaded on the carrier in New York. b) The risk of loss passes to Buyer when the goods arrive in Los Angeles. c) The risk of loss passes to Buyer when the goods are alongside the carrier in New York. d) None of the above.

In exchange for a right of way given by Landowner to Waterpark, Waterpark agreed to give Landowner annual passes to Waterpark for the rest of Landowner’s life. When State passed a law making annual passes illegal, Waterpark stopped issuing the annual passes, and Landowner sued for breach. Waterpark will be: Question * options: a) successful in arguing for discharge based on impossibility. b) successful in arguing for discharge based on impracticability. c) unsuccessful in avoiding liability for breach. d) successful in arguing for discharge based on frustration of purpose.

Weaver contracted to purchase silk from Spinner, with shipment to be made by rail (the least expensive method) before March *. Due to a railroad workers’ strike, Spinner could not make shipment until March *, and Weaver now refuses to pay. What impact does this delay have? Question * options: a) None. Weaver received the silk and is required to pay. b) None. Weaver's duty to pay was suspended during the temporary impossibility but resumed when the circumstances causing the impossibility ended. c) Weaver's duty to pay will be discharged due to impossibility. d) Weaver's duty to pay will be discharged, notwithstanding the end of the circumstances causing the impossibility, if conditions have changed sufficiently during the temporary impossibility such that performance would now be substantially more burdensome for Weaver.

Mill contracted to pay Lumberjack $* per cord to cut and deliver pulpwood from a particular tract of land. Before the first delivery was due, a fire destroyed most of the trees on the land, except for trees on a mountain that could only be cut and delivered at a cost to Lumberjack of $* per cord. Lumberjack refuses to deliver pulpwood from the mountain, and Mill sues for breach. Lumberjack will be: Question * options: a) successful in arguing for discharge based on impossibility. b) successful in arguing for discharge based on impracticability. c) unsuccessful in avoiding liability for breach. d) successful in arguing for discharge based on frustration of purpose.

Mill contracted to pay Lumberjack $* per cord to cut and deliver a certain quantity of pulpwood from a particular tract of land. Before the first delivery was due, a fire destroyed enough of the trees that only half of the quantity could be cut and delivered unless Lumberjack used trees from a mountain that would cost Lumberjack $* per cord to cut and deliver. Lumberjack refuses to perform, and Mill sues for breach. Lumberjack will be: Question * options: a) successful in arguing for complete discharge based on impossibility. b) successful in arguing for complete discharge based on impracticability. c) unsuccessful in completely avoiding liability due to partial impracticability. d) successful in arguing for complete discharge based on frustration of purpose.

Owner contracts to have Painter paint Owner’s house in a color combination that will highlight its Victorian architecture. Owner is very specific about the colors to be used, which parts of the house will be painted which colors, and the use of Brand A paint with a *-year guarantee. When the painting was nearly done, Owner discovered that Painter had used Brand B paint. At trial, Painter shows that Owner’s colors were used, that the parts of the house were painted with the colors Owner required, and that Brand B paint had a *-year guarantee. The result at trial: Question * options:

a) Owner will prevail, as this represents a material breach; Owner's damages will be the cost of repainting the house with Brand A paint. b) Owner will prevail, as this represents a minor breach; Owner's damages will be the cost of repainting the house with Brand A paint. c) Owner will prevail, as this represents a minor breach; Owner's damages will be nominal or nothing. d) Painter will prevail; because Owner's damages will be nominal or nothing, Painter is not in breach.

Developer agrees to buy land from Seller for $*,*, on the condition that Developer can get a mortgage from Bank and makes a $*,* down payment. Developer has the land surveyed (at a cost of $*,*) and pays $* in application fees to Bank. Developer hires an appraiser for $* (required by Bank for the mortgage), who determines the land is worth $*,*. Seller repudiates the contract and refunds Developer’s down payment. If Developer sues Seller for reliance damages for breach, Developer will recover: Question * options: a) the cost of the application and the survey. b) the cost of the appraisal and the survey. c) the cost of the application, the appraisal, and the survey. d) nothing, as the lost profits from Developer's future development of the land are speculative.

Factory contracts with Supplier to purchase and install a large piece of machinery. The contract contains this provision “buyer is responsible for ensuring foundations are adequate to support machinery.” After upgrading the foundation, Factory receives notice that Supplier has discontinued the model Factory ordered and is canceling the order. Factory is able to secure substitute machinery from another vendor at *% of the cost of, and 30 days later than, the order canceled by Supplier. Factory will be able to recover: I. The cost to upgrade the foundation. II. The additional cost of the substitute machinery. III. Foreseeable losses from orders canceled due to the delay in installing the machine. IV. Costs avoided due to the delay in installing the machine. Question * options: a) I and II. b) I, II, and IV. c) I, II, and III. d) I, II, III, and IV.

Carrier was hired to deliver the custom-made sets and unique scenery and costumes for the hit Broadway musical “Van Buren!” on each stop on Traveling Company’s *-city tour. Due to mechanical problems, Carrier delivered late, forcing Traveling Company to cancel opening night in Chicago. Carrier will be: Question * options: a) liable for consequential damages. b) liable for consequential damages, which were foreseeable because Carrier knew the performance dates and the consequences of non-delivery were obvious. c) not liable for consequential damages, which were not foreseeable. d) not liable for consequential damages, as Traveling Company had a duty to mitigate damages by seeking alternative sets, scenery, and costumes.

Driver contracts with Dealer to buy a new car, selecting the car’s color and accessories from the manufacturer’s available range of options. Before the car is delivered, Driver loses his job and calls Dealer to let Dealer know that he can no longer afford the car and to cancel the order. Dealer: Question * options: a) can sell the car to another buyer and recover the difference between the contract price and the market price. b) can sell the car to another buyer at a discount because Driver selected the car's color and accessories and recover the difference between the contract and market prices. c) is a lost volume seller and can recover lost volume profits from the canceled sale. d) is not a lost volume seller and cannot recover lost volume profits from the canceled sale.

Florist contracts with Wholesaler for an extra shipment of flowers for a wedding. When Wholesaler’s refrigerated truck arrives at Florist, Florist tells Wholesaler that the wedding is off and that the flowers are not needed. Heading back from Florist with the load of flowers, Wholesaler’s refrigerated truck breaks down. Wholesaler hires Trucker’s refrigerated truck to transport the flowers to Wholesaler’s warehouse. When Wholesaler sues Florist for breach, Wholesaler: Question * options: a) will not be able to recover the extra cost for hiring Trucker. b) will not be able to recover the extra cost of hiring Trucker because Wholesaler assumed the risk that the truck might break down. c) will be able to recover the extra cost of hiring Trucker. d) will be able to recover the extra cost for hiring Trucker if the extra cost is reasonable under the circumstances.

What are the two required elements required for assumption of the risk? Question * options: a) Voluntary and negligence. b) Knowledge and voluntary. c) Assumption and risk. d) Knowledge and negligence.

In Tunkl v. Regents of University of Cal., the court ruled that: Question * options: a) The release form was valid because it was a nonprofit hospital. b) The release form was invalid because it lacked consideration. c) The release form was valid. d) The release form was invalid because it violated public policy.

Which one of the following statements is correct about immunity for charitable organizations? Question * options: a) Most states have eliminated charitable immunity because the reasons that justified it no longer exist. b) Most states have maintained charitable immunity to protect nonprofit organizations from lawsuits. c) States have eliminated charitable immunity because people no longer need services from nonprofit organizations. d) Most states have maintained charitable immunity to encourage the formation of nonprofit organizations.

Which one of the following statements is correct regarding governmental immunity? Question * options: a) Ministerial acts are protected by immunity. b) The military does not have immunity. c) The federal government has retained immunity for some intentional torts. d) Municipal governments are protected by immunity for proprietary functions.

In Whisnant v. United States, the court ruled that: Question * options: a) The government was immune because the claims in the lawsuit involved ministerial acts. b) The federal government was not immune from the claims in the lawsuit because the claims involved ministerial acts. c) The government was immune because the claims in the lawsuit involved proprietary acts. d) The government was not immune because the claims in the lawsuit involved discretionary acts.

Which of the following is true regarding discretionary and ministerial acts? Question * options: a) Discretionary acts involve public officials and ministerial acts involve elected officials. b) Discretionary acts involve implementation and a lack of discretion. Ministerial acts involve public policy decisions. c) Discretionary acts involved public policy and the exercise of discretion. Ministerial acts involve implementation and a lack of discretion. d) Discretionary acts are not protected by immunity. Ministerial acts are protected by immunity.

Spousal immunity: Question * options: a) Still exists in most states. b) Has been eliminated in the majority of states and limited in those states that still have it. c) Only protects spouses that have liability insurance. d) Only protects spouses from property or economic torts.

Which of the following is not a difference between ordinary negligence and professional negligence? Question * options: a) The required elements. b) The relationship between the plaintiff and the defendant. c) The use of experts. d) The standard of care

In professional negligence cases, experts are: Question * options: a) Not required. b) Not required if the issues in the case are within the common knowledge of the jury. c) Always required. d) Always required in medical malpractice cases only.

Which of the following is used to establish the standard of care in professional negligence? Question * options: a) Customary or accepted practices used by professionals. b) Expert testimony about what the expert would do in a given situation. c) Evidence about what a reasonable person would do. d) All of the above.

In Hall v. Hilbun, the court: Question * options: a) Ruled that the locality rule applied and limited expert testimony to those experts that practiced medicine in the same locality as the defendant doctor. b) Ruled that the locality rule applied and that the standard of care was what a minimally competent doctor who practiced medicine in the same geographical area as the defendant doctor would do in similar circumstances. c) Ruled that a national standard of care applied with a local component to take into account the available resources, equipment, and facilities. d) Ruled that experts must be familiar with the local resources available to the defendant doctor in order to be able to testify.

What factors did the court use in Lewis v. Rodriquez to determine if professional negligence or ordinary negligence applied to a polygraph examiner? Question * options: a) Reasonableness, training, the exercise of judgment. b) Experience, training, the exercise of judgment. c) Reasonableness, the exercise of discretion, licensure. d) Training, the exercise of judgment and discretion, licensure.

Able and Baker were each driving in their automobiles when they collided. Both parties were negligent because at the moment of impact, Able was speeding and Baker failed to signal when making a lane change. Able sues Baker for injuries sustained in the collision. If the jurisdiction where the lawsuit is filed adopted the pure form of comparative negligence, how should the court rule? Question * options: a) Judgment for Baker, because Able was negligent. b) Judgment for Able, and Able may recover for all of his injuries because Baker was negligent. c) Judgment for Able, but only if Baker's fault in causing the accident was greater than Able's. d) Judgment for Able, and Able may recover for all his injuries but his judgment will be reduced in direct proportion to the percentage of his fault.

Able and Baker were playing football in the street. Able threw a long pass to Baker. Baker ran into an automobile driven by Charlie while attempting to catch the pass and suffered from several broken bones and other internal injuries. Able saw the automobile approaching but threw the long pass anyway, believing that Charlie would see Baker and stop his automobile safely before reaching Baker. Baker brought suit against Able and Charlie to recover for his injuries. At the close of the trial, the jury determined that Baker had suffered $*,* in damages and that Able was *% at fault, Baker *% at fault, and Charlie was *% at fault for causing the injuries Baker sustained.

Assume all parties are solvent and have sufficient assets and insurance to cover any judgment amount awarded. The jurisdiction where the lawsuit was filed uses contributory negligence, the last clear chance doctrine, and joint and several liability. If Baker seeks to recover a portion of the $*,* judgment from Charlie, will Baker succeed?

a) No, because Baker was negligent. b) No, because Charlie's negligence exceeded Baker's. c) Yes, if Charlie could have avoided the harm. d) Yes, because Able's negligence exceeded Baker's.

If Baker seeks to recover all of the $*,* judgment from Charlie, how much will Baker be entitled to recover? Question * options: a) $*,*. b) $*,*. c) $*,*. d) Nothing.

Dan the doctor operates on Paul the patient. He removes Paul’s gallbladder. Paul develops a variety of problems after the surgery and he sues Dan claiming that the surgery was not performed correctly. Which of the following is true? Question * options: a) Paul will be able to use res ipsa loquitur to establish that Dan did not perform the surgery correctly. b) Whether or not Dan performed the surgery correctly is within the common knowledge of the jury. c) Paul will need an expert to testify about what the expert would have done differently if the expert had performed the surgery. d) Paul will need to provide expert testimony to establish the standard of care and that Dan breached that standard of care.

Paul was a passenger in Deke's car. Deke was driving and, while not paying attention to the road, collided with a car driven by Trudy. Trudy was late for work and was driving in excess of the posted speed limit when she collided with Deke's car. Paul suffered a broken leg and brought an action against Deke to recover for his injuries. At trial, evidence of all the above facts was introduced. Will Paul prevail? Question * options: a) No, if Trudy is found negligent and a cause in fact of Paul's injuries. b) No, unless Deke's negligence exceeded Trudy's. c) Yes, if Deke was negligent and a cause in fact of Paul's injuries. d) Yes, unless Trudy had the last clear chance to avoid the accident.