Question

1. In a negligence case, to show that the tortfeasor’s conduct was the proximate cause of their injuries, the injured party must show that:

A. But-for the tortfeasor’s conduct, the injury would not have occurred.
B. There is a causal link between the tortfeasor’s conduct and the injury.
C. That the tortfeasor owed a special duty of care to the injured party.
D. That the injury was a foreseeable result of tortfeasor’s negligence conduct.

2. U.S company ABC Company agrees to buy 1,000 widgets from U.S. company Supplier, Inc. for $15 each to be delivered by December 15, 2019. On November 15 , Supplier realizes they only have 800 widgets and ships them to ABC Company, and they are received on November 16th by ABC. ABC rejects the shipment and immediately sues. Supplier sends the remaining 200 widgets on January 2, 2020. ABC rejects the goods and does not withdraw their lawsuit. Who prevails?

A. ABC because Supplier has violated the conforming goods rule.
B. Supplier because Supplier had a right to cure the deficiency within a reasonable time past the original due date of delivery.
C. Supplier because the goods were not rightfully rejected by ABC as Supplier substantially performed the contract.
D. ABC because Supplier had the right to cure only until the original contract delivery date of December 15, 2019.

3. Which of the following is not true of strict liability?

A. intent to injure does not have to be proven
B. it primarily applies in defective product and abnormally dangerous situations

C. injury need not occur or be proven
D. it is based on state law.

4. Max has contracted with Lew to have his house painted. The contract specifically stated that the job was to be completed by 8/25 and Lew was aware of an upcoming business development event scheduled at the home on 8/30. Lew completes the job on 9/1 and Max had to cancel the business development/networking event at his home, thereby missing out on potential customers. Max has suffered no other damages due to the delay. The job was otherwise done exactly to all contract requirements and specifications. If Max sues Lew for breach of contract due to the missed completion date, were the courts to award damages, what type of damages would most likely be awarded?

A. punitive damages
B. consequential damages

C. restitution
D. nominal damages

5. When Maria comes home from work, she finds that her front porch has been painted. An hour later a man comes to her door to collect payment for painting her porch. Maria refuses to pay him because she has never seen him before, nor had she hired him to do the work. Which of the following is accurate?

A. This is an implied, unilateral contract so she must pay.
B. Maria has received unjust enrichment so a quasi-contract is formed so she must pay.

C. The court would make Maria pay the reasonable cost of the work to be fair to both parties.
D. Maria would not have to pay anything as she was not unjustly enriched.

Answer 1

1. That the injury was a foreseeable result of tortfeasor 's negligence conduct.
2. ABC becomes supplier had the right to cure only until the original contract delivery date of December 15 ,2019.
3. It is based on state of law
4. Consequential damage
5. Maria would not have to pay anything as she was not unjustly enriched.