Sophia-BUSLAW1001-Milestone-2.pdf

1 21/21  that's 100% RETAKE  21 questions were answered correctly . Under contract law, a promise not to do something that a person could otherwise do __________.     is called a forbearance, but is not adequate legal consideration for a contract  is only deemed legal consideration for a contract if the person giving it is financially harmed  is called promissory estoppel, and qualifies as legal consideration  is called a forbearance and is an adequate legal value to support the existence of consideration for a contract UNIT 2 — MILESTONE 2 SCORE 21/21

CONCEPT  Contract Formation 2 Report an issue with this question A driver is texting and runs into a pedestrian crossing the road at a crosswalk. The pedestrian suffers a broken leg and is rushed to the hospital. Is the driver liable for negligence if the pedestrian sues?     Yes, because the driver had a duty of care which was breached by texting while driving, and the pedestrian had legally recognizable injuries directly resulting from that breach.  No, because it would be diﬃcult to prove that the driver's texting was the proximate cause of the pedestrian's broken leg.  No, because even though the driver was texting while driving, the pedestrian had a duty to look out for possible dangers before entering the crosswalk.  Yes, because the driver broke the law by texting while driving.

CONCEPT  Negligent Torts: Liability 3 Report an issue with this question Select the example that is inconsistent with the provisions of the UCC for contract remedies for a seller's breach of contract.     In order to be more competitive with buyers, the sales contract for a television manufacturer extends the statute of limitations for breach of contract claims to six years.  In its sales contract, a software company specifies that its sole obligation in the event that its software is defective is to replace it with a non-defective copy.  An appliance company sells a defective stove that injures its owner. The sales contract excludes responsibility for consequential damages except those deemed unconscionable, so the company replaces the stove and compensates the woman for her injury. The sales contract for a shoe

CONCEPT  Remedies in General Under the Uniform Commercial Code 4 Report an issue with this question Andy is driving a 20-year-old boat that he borrowed from a friend. While he's on the water, the steering system fails and the boat crashes. Subsequent investigation shows that the steering system failed as a result of corrosion. Andy sues the boat manufacturer for negligence. How strong is his negligence case against the product manufacturer?     company specifies that the statute of limitations for any charges of breach of contract shall be limited to two years.  Strong, because there is no evidence that Andy's own actions contributed to the damages.  Weak, unless he can show that the corrosion was the result of a design defect rather than normal wear and tear on a 20-year-old boat.  Strong, because proximate cause between the corroded steering system and the crash is easy to establish.

CONCEPT  Negligent Products Liability 5 Report an issue with this question Cynthia orders 100 blue shirts for her screenprinting business from Juan, a shirt supplier. When Cynthia receives the shirts, she discovers that Juan has sent her a batch of pink shirts. She rightfully rejects delivery, and the shirts are shipped back to Juan. Because of the delay in receiving the blue shirts, Cynthia is unable to fill a large order and loses $500 in sales. What remedy does Cynthia have in this scenario?    Weak, because he does not have privity of contract, since he was borrowing his friend's boat.  Since she rejected the delivery, Cynthia has no recourse in this scenario except for a refund of the price she paid for the shirts.  Cynthia must fulfill the contract by paying for the blue shirts when they finally arrive, but she is entitled to recover damages relating to her business losses in the meantime. Cynthia can cancel the contract

CONCEPT  Buyer's Remedies Under the Uniform Commercial Code 6 Report an issue with this question A manufacturer of an electric meter that included surge protectors to prevent damage to the meter from overloads is sued exclusively for strict product liability by an electric company after the surge protectors failed and damaged the electric meters. The manufacturer defends the claim of strict product liability on the basis that the defect in the product only damaged the product itself and there were no personal injuries. How strong is this defense by the manufacturer?     with Juan and recover in full what she paid for the shirts, as well as sue for damages since she suffered a loss directly related to the non-delivery.  Cynthia may either replevy the shirts or sue Juan for specific performance.  Weak, because strict product liability applies to defective products even when they do not cause personal injuries or damage a company's property. Strong, unless the electric company can provide a

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