A promise made without the intention of performing it amounts to – Question 18Answer a. negligent Misrepresentation b. wrongful misrepresentation c. innocent misrepresentation d. fraud
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- Sample Question and Answer: Question: James was elderly, disabled, and afflicted with very bad arthritis. One day, his 20 year-old neighbor pulled James’s chair out from under James. The girl said she didn’t mean to hurt him. James was not amused and sued the girl for damages. Will James likely be successful? Yes_____ No_____ Reason [Please state the rule(s) of law and your analysis] Answer: James would likely win for the tort of battery which is the intentional harmful or offensive touching of another (the “rule of law”). Analysis: Jokes and pranks are capable of resulting in battery. The chair was pulled out intentionally, which caused offensive contact between James’s body and the floor, in that, the chair was arguably within James’s zone of personal bodily integrity and, thus, an extension of his body. The fact that James was not physically injured is irrelevant. All that matters is that the girl intended the act or knew with substantial certainty of the consequences…please choose the most correct anwser.A tort is a breach of a contractual agreement Select one: True False Clear my choice O O
- During an embezzlement trial, the plaintiff’s attorney is performing a direct examination of a witness. The attorney asks the witness, “What happened when you asked your supervisor what they knew about the incident?” The witness replies, “my supervisor said that Mr. Smith had embezzled money from the company.” Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witness’s response? A. The witness’s response is hearsay, but it is admissible because a hearsay exception applies. B. The witness’s response is not hearsay, and it is admissible. C. The witness’s response is not hearsay, but it is inadmissible because it is unreliable. D. The witness’s response is inadmissible hearsayFraudulent misrepresentation requires Multiple Choice. choose correct option and explain and also explain incorrect option Note - I am not satisfy give downvote • Maliciousness and repugnant intent •Negligent disregard for the truth •Reckless disregard for the truth •ScienterWhich of the following would NOT prohibit an individual from getting a real estate license? A. conviction for DUI B. conviction for forgery C. revocation of license in another state D. inability to provide evidence of legal status
- Anticipatory repudiation can occur in which of the following ways? I. A statement by one party of its intent not to perform. II. An action by the promisor that rendered performance impossible. III. Knowledge by the parties that one party may be unable to perform despite both parties' efforts. IV. After a contract has been discharged. Multiple Choice II and III. I and II. I and III. III and IV. I, II, and III.29 of 75 If a buyer does not make inspections during the inspection period, the standard purchase and sale agreement automatically extends the inspection period unless the seller objects. requires the buyer to accept the property "as is." requires the seller to have the inspections performed at the buyer's expense. states that the closing date will be postponed subject to negotiation.Your client has been renting a house and carries a Tenants Comprehensive policy through your office. He/she is getting married soon and has just bought a house into which he/she will soon move. Which one (1) of the following actions should you NOT do? OA) Endorse his/her Tenants policy to show the new address and add building coverage in the amount of the purchase price of the house. OB) Use a Home Calculator to estimate the replacement cost of the house. OC) Check into the security arrangements in the house as it may affect the premium to be charged. OD) Cancel his/her Tenant policy and re-write their insurance as a Homeowners policy.
- Consideration must move at the desire of Question 17Answer a. both the promisor and the promisee. b. the promisor, c. the promisee, d. promisor or any other third party, Clear my choiceSubject:- accountingWhile on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made. Derek wants to hold the tour company liable for his injury. Which of the following is most likely true? A. Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack. B. The company is not at fault because it does not owe Derek a duty of care. C. Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company. D. Derek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable.