Reference no: EM131800919

1. Olivia drove Portia's car to the beach without Portia's permission. When pulling out of the beach parking area, Olivia scraped the side of the car against a pole, causing damage to a fender and to the paint. If Portia sues Olivia, which of the following would be her best argument?

Olivia committed the tort of conversion and is liable for actual damages.

Olivia committed the tort of conversion and is liable for the full value of the car.

Olivia committed a trespass to personal property and is liable for the actual damages.

Olivia committed trespass to personal property and is liable for the full value of the car.

None of the above. This was an accident.

2. In a lawsuit based on defamation, the defendant can avoid liability if he or she can prove which of the following?

That he or she has an absolute privilege as a former employer of the plaintiff and was giving information about the plaintiff to a prospective employer.

That he or she was merely repeating information that a trusted friend has shared the day before.

That he or she is a public figure, and therefore this is a privileged communication.

subject:bussniess law

That the information was true and that he or she had no malicious intent when it was communicated.

3. Park hired Clay to remodel and refurbish an office suite. Clay submitted plans that Park approved and then began the work. After Clay completed all the necessary construction and painting, he obtained some minor accessories (lamps, wall art, etc) that Park alleged did not conform to the original plans. Park refused to pay or to allow Clay access to the suite to complete the work. Clay then filed suit for breach of contract.

Which of the following statements is most accurate?

Clay will lose since he did not provide perfect tender.

Clay will win because his performance satisfied the substantial performance standard.

Clay will lose because the accessories were an essential part of the original agreement.

Clay will win because Park committed an anticipatory repudiation.

Neither party will win until there is an accord and satisfaction.

4. In which of these situations should the obligee not reasonably expect / demand perfect tender of the contract obligation by the obligor?

The payment of a fixed sum of money.

The payment of a sum of money plus interest at a variable rate.

The delivery of a specified quantity of produce.

The construction of a retaining wall to prevent erosion in a yard.

All of the above. The obligee should always expect and demand perfect tender. Anything less is a breach of contract.