The extreme risk of an activity is NOT a primary for imposing strict liability on an alleged tort-feasor
An assumption of risk defense requires on that there be knowledge of the risk
Normally a court will not question the adequacy of consideration if the consideration is legally sufficent
Strict liability is liability without fault
For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendants act
Parties cannot form a contract without putting the terms in writing
To exercise power of acceptance, the offeree must accept unequivocally
In forming a bi-lateral, one party may be bound while the other is not
Forfeiture of a business interest and dissolution of a business are possible penalties under RICO
A reasonable person standard determines whether an offeror's "offer" represents a serious intention to enter into a contract
An offer does NOT need to be communicated to the offeree to be effective
A valid contract may have an illegal purpose
A plaintiff cannot succeed in a lawsuit for negligence against a manufacturer unless the plaintiff bought the defective good from the manufacturer
A contact lacking reasonably definite terms may not be enforceable
In an auction with reserve, the seller cannot withdraw the goods before the auctioneer closes the sale by announcement or by the fall of the hammer
An oral contract including all of the essential terms is an express contract
An offeror's subjective beliefs or assumptions determines his or her intent to enter in a contract
A reasonable person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.
A promise to do what one already has a legal duty to do is not consideration
If all the terms in the contract have been fully performed, the contract is an executed contract
An unforeseen intervening event can break the connection between a wrongful act and an injury to another
A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanorq
Generally, offers may be revoked at anytime before they are accepted
An unenforceable contract is one that cannot be enforced because of certain legal defenses against it.
If no time for acceptance is specified in an offer, the offer terminated at the end of a reasonable time.
the objective theory contracts
Bob claims Carol breached their contract. Carol responds she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to what?
no contract, because Dan sent the letter to more than one party
Ed tells Dan he would like to buy Dan's Farm. Later, Dan decides to sell the farm and sends to Ed, and others, a flyer describing the details. Ed responds with a letter of acceptance. Dan and Ed have
Adam and Beth make promises to eachother. Contract law shows to what extent society allows people to make promises enforceable
cannot refuse to testify on Fifth Amendment grounds
Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privledge against self-incrimination and
words and conduct
Local Delivery Service, offers to deliver computers to Micro Stores customers for a certain price. Local's intent to extend a serious offer to micro is determined in reference to Local's
even if Beth was only slightly at fault
beth is injured in a car accident and sues Curt, alleging negligence. Curt claims beth was driving more carelessly than he was. Compartive negligence may reduces beth recovery
there is no reasonable alternative design
Best Appliances INC makes consumer appliances. Best could be liable for a design defect is there is a foreseeable risk of harm posed by a product and what?
only invites Kris to negotiate
John says to Kris, "I would like to sell you my sports memorabilia collection." This is NOT an offer because of what?
defines the contracts terms
sam and tiffany enter into an implied-in-fact contract. The parties' conduct
George agrees to deliver fifty ipod nanos to Harry's E-store. George delievers buy Harry does not pay. To recover the price george can collect from Harry on the basis of there what?
only after Frank unload the truck
Eve tells frank she will pay Frank $50 is he unloads her truck. frank's acceptance is complete when?
an illusory contract
Gamma Corporation promises to pay its employees a year end bonus "if management think it is warranted." This is...
Freida an Gail enter into a bilateral contract, which is created when Freida gives a promise to Gail in exchange for Gail's
the design or the manufacture of the tires
Good tire company designs and manufactures car and truck tires. In a product liablilty suit based on negligence, Good tire could be liable for violating its duty of care with respect to..
trying someone for criminal offense
Bob is arrested at his home, after the police search it and seize certain property to use a evidence. A judge set bobs bail, as required by state statute, and bob is put on trial. The US constitution provides safeguards against all of the following except:
Enforceable, if the parties intent the clause to be binding
Donna and earl sign a lease that includes a clause permitting Donna to extend the lease at an amount of rent to be agreed on at the time of extension. The Clause is
Ted was injured due to a defect in Vans car
Van buys a car and takes it out for a ride on the Ohio Turnpike. The airbag suddenly inflates, blocking Vans view of the road and causing him to crash into Ted, who is changing a tire on the side of the road. Ted may recover from the car's manufacturer only if
Sam, an engineer, supervises the contstruction of a new bridge. When the bridge collapses fur to faulty construction, sam is sued by those injured in the collapse. As a professional sam is held to the same duty of care of
Fun stuff corp manufactures skateboards, which it sells to good times stores. Good times sells the skateboards to consumers, including holly. in a product liablilty suit based on strict liablity due to a defect in the skates, fun stuff may be liable to
Jill offers to pay kyle $500 if he jogs across the Golden gate bridge. Kyle can accept the offer only by jogging across the bridge. If kyle jogs across the bridge, he and jill will have formed what?
Jill suffered an actual injury cause by the defect
Micro ovens, manufactures among other products microwave ovens. Jill discovers her micro ovens microwave is defective. Jill sues the manufactures for product liablity based on negligence. To recover jill must show what?
not liable, bc the statement was an opinion
Beth goes to Dr. Carl for surgery. Carl says beth should be fulled healed within a week. Beth is not healed within a weak. With respect to breach of contract, Carl is
Negligence per se
An iowa state statute required amusement parks to amintain equipment in specidic condition for the protection of patrons. Jack's amusment park fails to maintain it equipment as required. Kathy, a patron, is injured thereby. Jack's has committed
committed two or more certain federal or state crimes
Don, a business person, is charged with RICO Offenses. Don may be subject to penatlies RICO only if he
A fundamental public policy of the US
Holly enters into a contract to design robotic software for interstate assembly corporation. The freedom to end into contract is..
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