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a- When a client breaches a contract with a construction contractor before construction begins, what is the

contractor generally able to recover?

  1. The amount of the contract price
  2. Only the out-of-pocket costs incurred by the contractor up to the time of the breach
  3. The amount necessary to provide the same profit to the contractor that the contractor would have earned if the contract were fully performed
  4. Three times the contract price as punitive damages


b- The tort of palming off involves:

  1. Knowingly selling goods that are defective.
  2. Blaming another for one's own actions and communicating that blame to at least one other person.
  3. Making false statements about the goods of another.

Representing one's own goods to be those of a competitor



c- Guest statutes apply to persons in someone's home with the permission of the homeowner.

  1.  True
  2.  False

 


d-Some states allow a licensed professional to bring an action to prevent an unlicensed person from  practicing in that profession.

  1.  True
  2.  False

 


e-Which of the following is not one of the general categories of torts?

 

  1. Strict liability
  2. Rational
  3. Negligence
  4. Intentional

 


f-How does the tort of conversion of personal property differ from trespass to personal property?

 

  1. In conversion, the true owner is denied use and enjoyment of the property.
  2. In conversion, the true owner can recover damages for the denial of use of the property.
  3. In conversion, the tortfeasor treats the property as if it is her own.
  4. In conversion, the plaintiff is entitled to recover punitive damages.

 


g-The tort of palming off involves:

  1. Knowingly selling goods that are defective.
  2. Blaming another for one's own actions and communicating that blame to at least one other person.
  3. Making false statements about the goods of another.
  4. Representing one's own goods to be those of a competitor.



h-A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

  1.  True
  2.  False

  


i-Substantive due process generally addresses the issue of whether or not a law is reasonably clear and not overly broad in scope.

  1.  True
  2.  False

 


j-Since declaring independence, the current U.S. Constitution is the _______ document to set out the general operations of the

  1. government.
  2. First
  3. Second
  4. Third
  5. Fourth

 


k-Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an area:

 

  1. It will automatically have exclusive jurisdiction to regulate in that area.
  2. States will always remain able to freely regulate in that area.
  3. States will always be able to regulate in that area so long as the state law does not directly and substantially conflict with the federal law.
  4. Whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area.

  


l-The Privileges and Immunities Clause provides that:

Top Answer

The amount necessary to provide the same profit to the contractor that the contractor would have earned if the contract were... View the full answer

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