Sophia-BUSLAW1001-Milestone-2
.pdf
keyboard_arrow_up
School
Western Governors University *
*We aren’t endorsed by this school
Course
LWC1
Subject
Law
Date
Jan 9, 2024
Type
Pages
20
Uploaded by SuperSardinePerson1020 on coursehero.com
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
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help