Question 1

A contract to commit an unlawful act or to violate public policy is void.

Accepted Answer

This is a well-established principle of contract law. Any contract that involves an illegal or immoral act is considered void and unenforceable.

Question 2

John Parrimore and Mary Gonzales have entered into a _____. The legal and enforceable agreement between the two parties creates an obligation or duty to either do or not to do something specific.

Accepted Answer

A contract is a legal and enforceable agreement between two or more parties that creates an obligation or duty to either do or not to do something specific. It is a binding agreement that must have certain elements such as an offer, acceptance, consideration, and mutual intent to be valid. An agency agreement is a type of contract in which one party acts as an agent for another party, and a partnership is a type of business entity in which two or more individuals share ownership and control.

Question 3

To prove that an act, such as dropping a can of paint onto a homeowner's property, was negligent, the homeowner must demonstrate:

Accepted Answer

All three elements must be proven for an act to be considered negligent. The defendant must have owed a duty of care to the plaintiff, breached that duty, and caused injury or damage to the plaintiff or their property.

Question 4

The basic obligation that one person owes another not to cause harm or an unreasonable risk of harm is called _____.

Accepted Answer

The basic obligation that one person owes another not to cause harm or an unreasonable risk of harm is known as duty of care.

Question 5

A contract is _____.

Accepted Answer

A contract involves an exchange of a promise for an act, is legally enforceable, and requires both an offerer and an offeree. Therefore, all of the choices are correct.

Question 6

Most actions of any kind set in motion a series of consequent actions, and the court must decide the point beyond which a defendant is no longer liable for these actions. This point is called _____.

Accepted Answer

Proximate cause refers to the point where a defendant is no longer liable for the consequent actions set in motion by their initial action. Cause in fact refers to the actual cause of the injury or harm. Actual cause refers to the defendant's direct involvement in the injury or harm. Cause of duty is not a commonly used legal term.

Question 7

An employee's actions fall within the scope of his employment if _____.

Accepted Answer

An employee's actions fall within the scope of his employment if they are performed in order to fulfill contractual duties owed to his employer and if the employer is in some control, directly or indirectly, over the employee's actions. Therefore, both choices A and B are correct.

Question 8

The law works to make business relationships as predictable as possible.

Accepted Answer

The law provides guidelines and regulations to make business relationships as predictable as possible. By enforcing contracts and protecting property rights, businesses can make informed decisions and rely on the law to regulate their interactions.

Question 9

Litigation takes an average of 6 months from the time a complaint is filed until a judgment is rendered.

Accepted Answer

The duration of litigation varies depending on various factors such as the complexity of the case, legal procedures, and number of parties involved. It can take several months or years to resolve a case, and there is no fixed timeline for it.

Question 10

A contract that has been broken _____.

Accepted Answer

When a contract has been broken, it is considered breached, meaning that one or more parties failed to meet the obligations outlined in the contract. The other options do not accurately reflect the situation of a broken contract.

Question 11

Respondeat superior translates as _____.

Accepted Answer

Respondeat superior is a Latin phrase that means "let the master answer for the servant's actions." It is a legal doctrine that holds employers responsible for the actions of their employees when those actions occur within the scope of the employee's job duties.

Question 12

If a LuLu's Diner employee spills scalding hot coffee on a customer causing third degree burns, the owner of LuLu's Diner is held responsible for the employee's actions.

Accepted Answer

The legal doctrine of respondeat superior holds employers liable for the actions of their employees when those actions occur within the scope of their employment. Therefore, if an employee of LuLu's Diner spills scalding hot coffee on a customer causing third degree burns, the owner of LuLu's Diner may be held responsible for the employee's actions under this doctrine.

Question 13

Which of the following is NOT one of the requirements of a legal contract

Accepted Answer

While it is generally expected that each party to a legal contract will act in good faith and not cause harm or unreasonable risk to the other party, it is not considered a formal requirement of a contract. The four formal requirements of a legal contract are mutual agreement, legal capacity, consideration, and legality of purpose.

Question 14

The standard for determining proximate cause is generally foreseeability.

Accepted Answer

This is generally true. Proximate cause refers to the legal concept that a defendant can only be held liable for the harm caused by their actions if that harm was a foreseeable consequence of their conduct.

Question 15

The median award for damages in civil cases is $90,000.

Accepted Answer

The median award for damages in civil cases varies significantly depending on the type of case, jurisdiction, and year of the study. However, many studies and reports suggest that the median award is often lower than $90,000.

Question 16

Discuss employer-employee contracts and the doctrine of respondeat superior.

Accepted Answer

The answer of Discuss employer-employee contracts and the doctrine of...

Question 17

A contract can be enforced only if it has:

Accepted Answer

The purpose of the contract must be legal in order for it to be enforced. The other options, such as one party agreeing to the contract or agreeing to perform an act, are important elements of a contract but do not guarantee enforceability on their own. Additionally, there is no requirement for both parties to be over age 25 for a contract to be enforceable.

Question 18

Which of the following involves an exchange between an offeror and an offeree

Accepted Answer

A contract involves an exchange between an offeror (the person making the offer) and an offeree (the person to whom the offer is made). The offeror extends an offer, and if the offeree accepts the offer, a legally binding agreement is formed.

Question 19

The law assumes that, when performing employment duties, an employee is under the control of the employer.

Accepted Answer

This is a basic principle of employment law known as the "control test". It means that the employer is responsible for directing the work activities of their employees, and therefore liable for any harm caused by their actions within the scope of their employment duties.

Question 20

Offer and acceptance are the two parts of consideration in a contract.

Accepted Answer

Offer and acceptance are the elements that form the agreement in a contract, while consideration is a separate element that refers to what each party gets in return for fulfilling the contract terms.

Quiz 16: The Legal and Regulatory Environment of Business