Commercial Law spring 2009 EX2

Commercial Law spring 2009 EX2 -...

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http://www.cbe.uidaho.edu/wegman/420%20exams/420%20Spr%202009%20-%202%20web.htm B. Law 420 Commercial Law Exam #2, Spring 2009 April 21, 2009 This exam consists of 35 multiple choice questions and two essay questions. Multiple choice questions are 2 points each, and essay questions are 15 points each. 1. Helmut is a truck driver who works for the Eskimo ice cream company. He delivers ice cream to small grocery stores, and collects payment at the time of delivery. After delivering an order of ice cream to a grocery store, the manager told Helmut that he would pay the next week. Helmut, following his employers instructions, insisted on immediate payment. When the manager refused, Helmut went to the cash register and tried to remove payment for the ice cream. The manager grabbed Helmut and Helmut punched the manager. Helmut continued to punch the manager even after the manager was unconscious. The manager was seriously injured and has sued both Helmut and Eskimo. a. Eskimo is not liable because the manager's injury was caused by an intentional tort. b. Eskimo is not liable because the manager's injury was caused by an unintentional tort. c. Eskimo is liable for the manager's injury even though it was caused by an intentional tort. d. Eskimo is liable for the manager's injury even though it was caused by an unintentional tort. 2. Which of the following is not required, in order to establish a case based on negligence? a. Harm to the plaintiff. b. Intent to cause harm to the plaintiff. c. Duty of care owed to the plaintiff. d. Proximate cause. 3. Bertha owns a demolition company that uses explosives to tear down buildings. If a passerby is injured during a demolition by Bertha's crew, under the legal rule of strict liability Bertha must pay for the injury: a. Only if the crew intended to injure the passerby. b. Only if the crew was negligent in its actions. c. Only if the injury was foreseeable. d. Even if the crew did everything perfectly, and was not at fault in any way. 4. Wegman Tool Company (WT) manufactures power saws. Ben is injured while using a WT saw and sues the company for product liability based on negligence. To win, Ben must show that: a. He was in privity of contract with WT. b. WT did not use due care with respect to the saw. c. WT misrepresented a material fact regarding the saw, on which Ben relied. 5. In order for an agency relationship to be created: a. There must be compensation to the agent. b. There must be a written agreement. c. There must be a formal contract of some kind. d. None of the above is required. http://www.cbe.uidaho.edu/wegman/420%20exams/420%20Spr%202009%20-%202%20web.htm (1 of 9) [7/8/2009 11:37:42 PM]
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http://www.cbe.uidaho.edu/wegman/420%20exams/420%20Spr%202009%20-%202%20web.htm 6. Pam and Alex enter into a contract for an agency that states that Alex is Pam's agent to sell Pam's house. The terms of the agency contract include that it will remain in effect from January 1 to April 1, 2009. Which is true as of February 29, 2009?
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Commercial Law spring 2009 EX2 -...

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