Comprehensive Practice Questions

Chapters 1, 3, 7, 8, 9, 10, 11, 12, & Product Strict Liability

===============================================================
TABLE OF CONTENTS
===============================================================
1. Chapters 1 & 3
2. Chapter 7 (Intentional Torts)
3. Chapter 8 (Negligence)
4. Chapter 9 (Introduction to Contracts)
5. Chapter 10 (Mutual Assent)
6. Chapter 12 (Consideration)
7. Chapter 11 (Conduct Invalidating Assent)
8. Product Strict Liability

Use these questions for practice. For suggested answers, see the separate
“Comprehensive_Practice_Answers.docx” document.

***************************************************************
1. CHAPTERS 1 & 3
***************************************************************

1. (Multiple Choice)
Which of the following best distinguishes civil law from criminal law?
A. The parties involved
B. The burden of proof
C. The type of remedy sought
D. All of the above

2. (Scenario) Jurisdiction
Paula, a resident of State A, sues Don, a resident of State B, for injuries sustained in a car
accident that took place in State B. The amount in dispute is $100,000. Paula wants to file the
suit in federal court in State A. Under what conditions (if any) might the federal court in State A
properly exercise jurisdiction over Don?

3. (Short Answer) Stare Decisis

Explain what stare decisis is and give one reason why courts follow it.

4. (Multiple Choice) Summary Judgment

A defendant moves for summary judgment. Which of the following must be established for
summary judgment to be granted?
 A. There is a genuine dispute over a material fact but the judge dislikes the defendant
B. No genuine dispute of any material fact exists, and the moving party is entitled to judgment
as a matter of law
C. The plaintiff filed the complaint out of state
D. The case is too complex for a jury to decide

5. (Short Answer) Alternative Dispute Resolution

Name one advantage and one disadvantage of arbitration compared to traditional litigation.

6. (Scenario) Venue
Rachel is injured in a slip-and-fall in County X, State Y. She files suit in County Z of the same
state. The defendant moves to change venue to County X. On what basis might the defendant
succeed in getting the case transferred?

7. (Multiple Choice)
Mediation differs from litigation because:
A. The mediator issues a binding order on the parties
B. The mediator can impose fines on the losing party
C. The parties themselves decide whether to settle or not
D. No attorneys are allowed at mediations

***************************************************************
2. CHAPTER 7 (INTENTIONAL TORTS)
***************************************************************

1. (Scenario) Battery vs. Assault

Max tries to punch Nina but misses. Nina sees the swing coming and ducks. Does Max’s act
constitute battery, assault, or both? Explain briefly.

2. (Multiple Choice)
Which of the following is NOT a required element to prove false imprisonment?
A. Confinement of a person
B. No reasonable means of escape
C. The victim’s awareness or harm resulting from the confinement
D. Physical injury is required

3. (Short Essay) Defamation

Explain the elements of defamation and distinguish between libel and slander. Under what
circumstances would defamation per se arise?

4. (Scenario) Invasion of Privacy

 Olivia snaps a photo of Paula inside Paula’s private backyard using a zoom lens from the
street. Olivia then sells the photo to a tabloid. Has Olivia committed intrusion, public disclosure
of private facts, or both? Defend your answer.

5. (Scenario) Intentional Infliction of Emotional Distress

George is furious that his friend posted a mean prank about him online, so he stands outside his
friend’s house, screaming insults and obscenities nonstop for 12 hours. The friend is severely
emotionally upset and experiences panic attacks. Could this be IIED?

6. (Multiple Choice)
Bill sees that Mary is about to slap John. Bill pushes Mary away to protect John. Mary hits the
ground and is injured. Bill could claim:
A. Self-defense
B. Defense of others
C. Conversion
D. Duress

7. (Scenario) Interference with Contractual Relations

Company A has an existing contract with Supplier X. Company B knows about this contract
but promises Supplier X a higher price if they immediately break their contract with Company A.
Supplier X breaches the contract with Company A. Does Company A have any tort claims
against Company B?

***************************************************************
3. CHAPTER 8 (NEGLIGENCE)
***************************************************************

1. (Multiple Choice)
Which is NOT one of the five elements of negligence?
A. Duty of Care
B. Breach of Duty
C. Actual & Proximate Cause
D. Criminal Intent

2. (Scenario) Duty to Trespassers

Lester places a vicious dog in his backyard. He knows children sometimes cut through his yard
without permission. A child climbs the fence and is badly bitten. What might a court say
regarding Lester’s liability, if any?

3. (Short Essay) Negligence vs. Strict Liability

 Compare how a plaintiff would prove a negligence claim vs. a strict liability claim for the same
harmful event.

4. (Multiple Choice) Defenses

Under a pure comparative negligence system, if the plaintiff is found 80% at fault, the plaintiff:
A. Recovers nothing
B. Recovers 20% of damages
C. Recovers 80% of damages
D. Recovers 100% of damages

5. (Scenario) Res Ipsa Loquitur

A chairlift collapses at a ski resort, injuring passengers. The cables, machinery, and
maintenance are solely controlled by the ski resort. The cause of the collapse is unknown. How
might the injured parties use res ipsa loquitur in their lawsuit?

6. (Multiple Choice) Proximate Cause

Dan leaves open a sidewalk cellar door. Mindi falls in and fractures her leg. En route to the
hospital, the ambulance is hit by a drunk driver, causing Mindi further injuries. Which injuries
might Dan be liable for?
A. Only the initial injuries from the cellar fall
B. All the injuries including those in the ambulance crash
C. No injuries at all because the drunk driver was an intervening cause
D. The entire chain of events is unforeseeable

***************************************************************
4. CHAPTER 9 (INTRODUCTION TO CONTRACTS)
***************************************************************

1. (Multiple Choice)
A contract is best described as:
A. A formal promise between close friends
B. A legally enforceable agreement
C. A moral obligation only
D. A document that must be in writing to be valid

2. (Scenario) Bilateral vs. Unilateral

Jade says to Kurt, “I’ll pay you $100 if you promise to mow my lawn next week.” Kurt says,
“Deal!” Meanwhile, Lulu says to Manny, “I’ll pay you $50 if you mow my lawn,” and Manny
just starts mowing. Identify which agreement is bilateral and which is unilateral.

3. (Short Answer) Promissory Estoppel

 Define promissory estoppel and provide one example where a court might apply it.

4. (Scenario) Void vs. Voidable

Mike, who is 16 years old, enters into a contract to buy a used motorcycle from Nova (an
adult). Is this contract valid, void, or voidable? Why?

5. (Multiple Choice) Sources of Contract Law

The Uniform Commercial Code primarily governs:
A. Sale of services
B. Sale of goods
C. Real property transactions
D. All of the above

***************************************************************
5. CHAPTER 10 (MUTUAL ASSENT)
***************************************************************

1. (Scenario) Offer & Acceptance

Liz emails Rob: “I’ll sell you my laptop for $400.” Rob replies, “I accept, but only if you
include a carrying case at no extra charge.” What is the status of the contract under common
law?

2. (Multiple Choice) Mailbox Rule

Darren mails a letter revoking his offer on Monday. Kim mails an acceptance on Tuesday
before receiving the revocation. The revocation arrives on Wednesday; the acceptance arrives on
Thursday. Under the mailbox rule:
A. The acceptance is invalid because the revocation arrived first
B. A valid contract exists when Kim mailed her acceptance
C. No contract exists because Kim never saw the revocation first
D. The contract only forms when acceptance is received

3. (Short Essay) Firm Offer vs. Option Contract

Distinguish a UCC firm offer from a common law option contract. Why might a buyer prefer
one over the other?

4. (Scenario) Lapse of Time

Jane sends an offer to Bill, stating it expires in 10 days. Bill tries to accept on Day 12. Is there
a contract?

5. (Multiple Choice) Counteroffer

Under common law, a counteroffer:
 A. Terminates the original offer
B. Immediately binds both parties
C. Can be accepted by silence only
D. Is considered a new acceptance

***************************************************************
6. CHAPTER 12 (CONSIDERATION)
***************************************************************

1. (Scenario) Preexisting Duty

Paul is already obligated to plow a particular street for the city. Seeing a heavy snowfall, the
city offers him an extra $2,000 if he completes the job on time. Can Paul enforce the city’s
promise?

2. (Multiple Choice) Adequacy of Consideration

A court generally will not inquire into:
A. The fairness or adequacy of the consideration
B. The existence of some value in exchange
C. Whether the parties bargained for the exchange
D. Fraud or duress issues

3. (Short Answer) Past Consideration

Define “past consideration” and explain why it is not valid consideration.

4. (Scenario) Accord and Satisfaction

Carol claims Dave owes her $500 for car repairs; Dave claims he only owes $300. After
negotiation, Carol accepts $350 as full payment. Later, Carol sues for the remaining $150. What
result?

5. (Multiple Choice) Illusory Promise

Which of the following is an illusory promise?
A. “I promise to buy your car if I decide I want it.”
B. “I promise to pay you $500 next week for your bike.”
C. “I’ll pay you $50 for that old table if you want to sell it.”
D. A and C are both illusory

***************************************************************
7. CHAPTER 11 (CONDUCT INVALIDATING ASSENT)
***************************************************************

1. (Multiple Choice)
 Which of the following would not make a contract voidable?
A. Duress
B. Fraudulent Misrepresentation
C. Undue Influence
D. One party’s regret at a bad bargain

2. (Scenario) Mistake
Abel agrees to sell Brooke a painting both believe to be a genuine Picasso for $10,000. Later,
they discover it is just a replica worth $100. May Abel avoid the contract? Why or why not?

3. (Short Essay) Undue Influence

Define undue influence and give an example of a relationship that might raise this concern.

4. (Scenario) Misrepresentation
Dan sells a used phone to Erin, stating it’s “never been dropped.” Dan knows it was dropped
last week and had internal damage. Erin pays $200, then later discovers the phone has serious
flaws. Does Erin have grounds to rescind the deal?

***************************************************************
8. PRODUCT STRICT LIABILITY
***************************************************************

1. (Multiple Choice)
Under strict product liability, who can be held liable if a product is defective and injures
someone?
A. The manufacturer only
B. The retailer only
C. Anyone in the chain of distribution
D. Only the wholesaler

2. (Scenario) Manufacturing Defect

A microwave door latch is improperly assembled at the factory, causing the door to pop open
mid-cooking. A customer is scalded by steam. The retailer had no knowledge of the defect. Is the
retailer potentially liable?

3. (Short Answer) Design vs. Manufacturing Defect

Briefly explain the difference between a design defect and a manufacturing defect.

4. (Scenario) Defenses to Product Liability

Tasha uses a chainsaw to cut open metal pipes (an obviously dangerous misuse). The saw
blade shatters and injures her. Can Tasha still recover under strict product liability?
===============================================================
END OF PRACTICE QUESTIONS
===============================================================