Civil Law Questions
Explore questions in the Civil Law category that you can ask Spark.E!
Does the mortgage of a corporeal immovable include its component parts?
So, is an act under private signature sufficient?
To what extent did OJ Simpson's legal team differ from his team in the criminal trial?
What is the French equivalent of double jeopardy?
How long did the deliberations last?
Which amendment guarantees the protection against double jeopardy?
Alongside rejection and counter-offer, how else can an offer be terminated?
What is the exception to the general rule and key case on agreement to pay more?
What type of test is used to determine whether a contract is sufficiently certain?
Legal Concepts17Copyright © 2013 Pearson Education, Inc.75) Alan is a subject matter expert for First University, with an employment contract of threeyears. Two years into the contract, Second University—fully aware of Alan's contract—offershim twice the money he currently makes for a similar post. Alan takes the job. First Universitycan recover damages from Second University for which of the following torts?A) malicious breach of contractual relationsB) malicious inducement of contractual breachC) intentional interference with contractual relationsD) breach of the covenant of good faith and fair dealing
Legal Concepts15Copyright © 2013 Pearson Education, Inc.68) An award of ________ orders the breaching party to perform the acts promised in a contract.A) reformationB) injunctionC) restitutionD) specific performance
Legal Concepts71) A court order that prohibits a person from doing a certain act is termed as a(n) ________.A) rescissionB) reformationC) injunctionD) restitution
Legal Concepts69) Which of the following is true of specific performance?A) Specific performance of personal service contracts is not granted.B) Specific performance is not awarded if the subject matter of the contract is unique.C) Works of art, antiques and heirlooms are exempted as subject matter for specific performance.D) Specific performance is not available to enforce land contracts.
Legal Concepts16Copyright © 2013 Pearson Education, Inc.72) Kimberly Inc., a jewelry store, and JKCent, a retailer, draft a contract that permits JKCent toretail Kimberly's jewelry in its stores. However, the parties discover a minor clerical error sixmonths into the contract and the court rewrites their contract. This is an instance of ________.A) restitutionB) rescissionC) injunctionD) reformation
Legal Concepts67) Which of the following is used in case of a breach of contract that cannot be adequatelycompensated through a legal remedy?A) mitigation of damagesB) liquidation of damagesC) equitable remediesD) tort remedies
Legal Concepts66) A ________ is an order of the court that orders that wages, bank accounts, or other propertyof the breaching party held by third persons be paid to the nonbreaching party to satisfy ajudgment.A) writ of attachmentB) writ of garnishmentC) specific performanceD) liquidation of damages
Factual Application73) Kinetosphere Automation Inc. (K.A.) makes a mandatory employment contract with all itsemployees. The contract states that K.A.'s employees are not to work for any other organizationwhile they are employed by K.A. If K.A. finds an employee who is also serving anothercompany, it can approach the court to obtain a(n) ________ to prevent the employee fromworking in the other company.A) restitutionB) rescissionC) injunctionD) subjugation
Factual Application74) Which of the following torts arises when a third party induces a contracting party to breachthe contract with another party?A) intentional interference with contractual relationsB) breach of the covenant of good faith and fair dealingC) tort of bad faithD) malicious breach of contractual relations
Legal Concepts70) ________ refers to an equitable doctrine that permits the court to rewrite a contract toexpress the parties' true intentions.A) ReformationB) InjunctionC) ConjunctionD) Garnishment
Factual Application10Copyright © 2013 Pearson Education, Inc.51) Mary buys a new toaster for $500. The toaster's label bears a disclaimer stating that themanufacturer is not liable for consequential damages. On Monday morning, while Mary is usingthe toaster, it emits sparks and damages the electric wiring in the kitchen. The electrician tellsMary that the toaster malfunctioned and that the cost of repairs in her kitchen would come up to$2,000. What can Mary recover from the manufacturer of the toaster?A) $500B) $2,500C) $2,000D) No damages can be recovered.