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![A tort is a type of contract.
a. False
b. True
A tort is a wrong that arises from a violation
of public duty.
a. False
b. True
For strict liability, there should be an
inherent danger in the underlying activity.
а.
False
b. True](/v2/_next/image?url=https%3A%2F%2Fcontent.bartleby.com%2Fqna-images%2Fquestion%2F58f901b7-6156-4205-bfff-0a30e8c6c9ed%2Fd6b6945f-e68e-4cf4-9aab-443a78f1150e%2Fb8a8or4_processed.jpeg&w=3840&q=75)
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- An anti-modification clause: O a) prevents the terms of a contract from being changed by repeated waivers of breaches. O b) prevents evidence of prior or contemporaneous agreements which conflict or add to the terms of a written contract. O c) specifies the amount of damages in the event of a contractual breach and states that such damages cannot be modified or changed. O d) is necessary in a writing to satisfy the statute of frauds.1. Which of the following describes when a person does not understand that a contract is being made or does not understand its general nature due to a mental condition caused by medication, drugs, alcohol, illness, or age. Factual incapacity Status incapacity Infactual incapacity Illegal incapacity 2. It’s possible the validity of a contract may be affected if one or both parties made a mistake. True False 3. Which of the following is not a problem area in determining whether the parties to a contract have genuinely agreed to be bound by the terms: Lack of contractual capacity Deception Pressure Privity of contract Mistake2. Punitive damages are: a. generally not available in tort cases. b. often awarded in cases of contract interference. c. only available in negligence actions. d. None of the above
- 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.A tort is a breach of a contractual agreement Select one: True False Clear my choice O OPhillip is a broker who was hired by Sam to help him find a new investment property. Phillip identifies a property that fits Sam's investing criteria. Sam asks Phillip to do some research and provide him with an opinion of title on the property. Is Phillip permitted to do this? ○ No. This would be considered an unauthorized practice of law. No. Phillip needs his sales associates license in order to issue an opinion of title. Yes. Brokers are always permitted to issue an opinion of title. Yes. As long as Phillip notifies FREC, he can issue an opinion of title.
- A severability provision a. rescinds the entire contract upon request of the party who drafted it. b. transfers benefits under a contract to another person. c. asks the court to delete the offending clause and enforce the rest of the contract. d. transfers the obligations of a contract to another party.Believing that his debt is due when in fact it is not, Dr paid his 10,000 debt to Cr. Give the effect of this payment? A. Dr may not recover because the payment is valid. b. Dr may not recover because anyway he is indebted to that amount and it has to paid. C. Dr. may recover his payment because it was not yet due together with the fruits and interest from the time of payment. d. Both a and b56. A sales associate presents an owner with an offer for $175,000 on behalf of a buyer. The owner countered at $185,000. While the buyers are considering their response, the owner sends an email rescinding the counteroffer. Which of the following statements is correct? O There is no contract. O The seller has signed the counteroffer so it stands. The buyers are the only ones that can rescind the counteroffer. О The sales associate must be paid the full commission.
- QuestionsT/F: Each contract should cover a singular promise and if multiple promises are involved, multiple contracts should be createdT/F: Boris sky dives out of a plane and gets hung up in a tree, hopelessly suspended and swinging precariously in his parachute from the branches of the tree. Natasha sees that be is in trouble and comes to his rescue. Once Boris is safely on the ground, he gratefully promises to give Natasha half of his life savings account. When he changes his mind, Natasha will probably be unsuccessful in enforcing his promiseT/F: Most oral agreements will be enforceable as contracts by courtsT/F: An option contract has to do with a contract that gives one of the parties a choice of consideration to acceptT/F: Duress must be based on a physical threat and not an economic oneT/F: An option contract refers to the choices that one has when entering into a contractT/F: Larry has had a few beers and is starting to get a bit drunk. He isn't acting strange and…Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss’s desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract. Which response aligns best with this situation? A) Enforceable or unenforceable with agency B) MUST be enforced because Elaine is an agent C) Enforceable or unenforceable—no agencyMiss Tomato initiates her action under Small Claim Procedure. Which of the following statement is CORRECT to describe her action? A.She can represent herself in such action. B.She may hire a legal representative; i.e. lawyer. C.She must file her action in High Court. D.Her action must exceed RM5,000.
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