1. Passenger entered a subway car at the 42nd Street station. Since all of the seats were occupied, Passenger stood in the subway car and grabbed a pole to secure his balance. As the subway car was proceeding cross-town, Passenger glanced at a voloptuous blonde girl standing next to him. Suddenly, the subway car made an unexpected stop. Rider momentarily lost his balance, and grabbed the blonde girl around the waist (to avoid falling). Once Passenger regained his balance, he removed his hands from the girl’s waist and grasped the pole again.

In a civil action instituted by the blonde girl against Passenger, he will most likely be found

A. liable for battery

B. liable, if Rider mistakenly believed that the girl consented to the contact

C. not liable, since Rider’s conduct was socially acceptable under the circumstances

D. not liable, since the girl was not harmed by the contact

 

2. While relaxing poolside one Sunday afternoon, Dickie was struck by a golf ball driven by Marty, a 14-year-old boy, who was playing the 9th hole at the Pike Creek Golf Club. The fairway for the 9th hole was 65 feet wide and 437 yards long, with a dog-leg in an easterly direction. Between the fairway and Dickie’s property was a “rough” containing brush and low lying trees. As Marty was approaching the green, he hit a towering shot which deflected off a tree, struck Dickie, bounced off his head and knocked a straw hat off of his girlfriend Patty’s head. Although the ball did not strike Patty herself, she became startled and fell from her beach chair, thus breaking her arm. 

At trial plaintiff offered uncontested evidence that golf balls from the Club’s links regularly traversed onto his property two to three times a day. Which of the following statements is most accurate regarding the liability of the Pike Creek Golf Club/Marty for trespass?

A. Defendants are not liable, since they did not intentionally cause the golf ball(s) to traverse onto the plaintiff’s property.

B. Defendants would remain liable for the unpermitted intrusion of the golf ball(s) onto the plaintiff’s property.

C. Since the plaintiff should have reasonably anticipated that living next to a golf course would result in stray golf balls landing on his property, defendants would not be held liable.

D. Since the golf balls did not substantially interfere with the plaintiff’s use and enjoyment of his land, defendants would not be held liable.

 

3. Which of the following would be Dickie’s proper cause of action against Marty as a result of the golf ball hitting his head?

A. Assault but not battery

B. Battery but not assault

C. Assault and battery

D. Neither assault nor battery, since Marty did not intentionally cause Dickie to be struck

 

4. If Patty initiates a suit against Marty to recover damages for her broken arm, Patty will

A. recover for assault only

B. recover for battery only

C. recover for assault and battery

D. not recover

 

1. Carrie owed Charlotte $20,000. Carrie offered Charlotte a promissory note (a negotiable instrument) worth $200,000 upon maturity, which occurred in six months, as payment for the debt. Carrie had actually stolen the promissory note from her friend Samantha. Charlotte probably won’t qualify as a holder in due course because 

A. Charlotte didn’t give value for the instrument. 

B. Charlotte didn’t take the instrument in good faith. 

C. Charlotte should have known the instrument was stolen. 

D. the instrument was stolen from Samantha. 

 

2. Ella owed Mark $500. Since Ella didn’t have the money to pay Mark, she asked Mark if he would accept a negotiable instrument, such as a promissory note, as payment for the debt. Mark indicated he would accept a negotiable instrument as payment. Ella wrote out a promissory note in which she agreed to pay Mark $550 in 60 days if she failed to pay him the $500 in cash within the next 30 days. Ella’s promissory note isn’t negotiable because negotiable instrument must 

A. be payable at a definite time. 

B. state a fixed amount of money. 

C. be payable to order or to bearer. 

D. give an unconditional promise or order to pay. 

 

3. Don purchased a boat from Randy. Randy told Don that he owned the boat free and clear of all liens, which Randy knew to be false, because he had just put the boat up as collateral on a loan at the bank two weeks earlier. Don issued Randy a negotiable promissory note for $5,000 to pay for the boat. By the time the promissory note came due, the bank had repossessed the boat, making Don aware of Randy’s deception. Don will be able to avoid payment to Randy because there was 

A. a failure of consideration. 

B. a breach of contract. 

C. some sort of illegality.

D. fraud in the inducement 

 

4. Joey makes a deposit at Hometown Bank in the amount of $500. Joey’s deposit consist of a 4500 check written to him by Ross, who banks with Crosstown Bank. Hometown Bank deposits the check with Friend’s Bank, which in turn sends the check to Crosstown Bank. Which of the following is true about this set of facts? 

A. Hometown Bank is the payor bank. 

B. Crosstown Bank is the payor bank. 

C. Hometown Bank is an intermediary bank. 

D. Crosstown Bank is the depository bank. 

 

1. The Uniform Contribution Among Tortfeasors Act, section 4 in the assigned reading for Module 10 provides that

A a release of one tortfeasor is a release of all tortfeasors who are jointly and severally liable.

B a covenant not to sue is the only means by which a plaintiff can settle with one tortfeasor and still maintain suits against the remaining tortfeasors.

C a release of one tortfeasor does not discharge any of the remaining tortfeasors, unless the terms of the release expressly provide for discharge of those remaining tortfeasors.

D A & B.

 

2. In the case of Summers v. Tice, 199 P.2d 1 (Cal. 1948) in the assigned reading for Module 10, the court held that

A since plaintiff could not prove which defendant fired the shot that entered plaintiff’s eye causing harm, plaintiff cannot recover from either defendant.

B if plaintiff can prove that it is at least 51% likely that the shot was fired by one of the defendants, then plaintiff can recover the entire amount of damages from that defendant.

C the burden of proof regarding causation is shifted to the defendants to prove that they were not the cause of plaintiff’s injury.

D none of the above.

 

3. Which case held that where the tortious acts of two or more tortfeasors join together to produce an indivisible injury, all of the wrongdoers will be held jointly and severally liable for the entire damages and plaintiff can proceed against any one tortfeasor separately or against all of them in one suit?

A Landers v. East Texas Salt Water Disposal Co., 248 S.W.2d 73 (Tex. 1952).

B Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway, 179 N.W. 45 (Minn. 1920).

C Salinetro v. Nystro, 341 So. 2d 1059 ( Fla. Dist. Ct. App. 1977).

D Joshi v. Providence Health Sys. Of Oregon Corp., 149 P.3d 1164 (Or. 2006).

 

4. Which case, held that the technical legal injury concept (which permits recovery of nominal damages) does not apply to negligence actions?

A Hale v. Ostrow, 166 S.W.3d 71 (Tenn. 2005).

B Right v. Breen, 890 A.2d 1287 (Conn. 2006).

C Viner v. Sweet, 70 P.3d 1046 (Cal. 2003).

D Jordan v. Jordan, 257 S.E.2d 761 (Va. 1979).

 

1. Merchandise inventory: 

A) is a long-term asset. 

B)is a current asset. 

C) includes supplies. 

D) is classified with investments on the balance sheet. 

E) Must be sold within one month. 

 

2. The credit terms 2/10, n/30 are interpreted as: 

A) 2% cash discount if the amount is paid within 10 days, with the balance due in 30 days. 

B) 10% cash discount if the amount is paid within 2 days, with the balance due in 30 days. 

C) 30% discount if paid within 2 days. 

D) 30% discount if paid within 10 days. 

E) 2% discount if paid within 30 days. 

 

3. On October 1, Robinson Company sold merchandise in the amount of $5,800 to Rosser, with credit terms of 2/10, n/30. The cost of the items sold is $4,000. Robinson uses the perpetual inventory system. The journal entry or entries that Robinson will make on October 1 is: 

A)Sales…………………………5,800 

       Sales receivable ………….       5,800 

B)Sales…………………………5,800 

       Accounts Receivable………..       5,800 

Cost of goods sold……………..4,000 

       Merchandise inventory………       4,000 

C)Accounts Receivable…………….5,800 

       Sales…………………….       5,800 

D)Accounts Receivable…………….5,800 

       Sales…………………….       5,800 

Cost of Good Sold………………4,000 

       Merchandise Inventory………       4,000 

E)Accounts Receivable…………….4,000 

       Sales…………………….       4,000 

 

4. On October 1, Whaley Company sold merchandise in the amount of $5,800 to Lee Company, with credit terms of 2/10, n/30. The cost of the items sold is $4,000. Whaley uses the perpetual inventory system. Lee pays the invoice on October 8, and takes the appropriate discount. The journal entry that Whaley makes on October 8 is: 

A)Cash………………………….5,800 

      Accounts Receivable…………       5,800 

B)Cash………………………….4,000 

      Accounts Receivable…………       4,000 

C)Cash………………………….3,920 

Sales Discount…………………   80 

      Accounts Receivable…………       4,000 

D)Cash………………………….5,684 

      Accounts Receivable…………       5,684 

E)Cash………………………….5,684 

Sales Discount………………… 116 

      Accounts Receivable…………       5,800 

 

1. Carrie owed Charlotte $20,000. Carrie offered Charlotte a promissory note (a negotiable instrument) worth $200,000 upon maturity, which occurred in six months, as payment for the debt. Carrie had actually stolen the promissory note from her friend Samantha. Charlotte probably won’t qualify as a holder in due course because 

A. Charlotte didn’t give value for the instrument. 

B. Charlotte didn’t take the instrument in good faith. 

C. Charlotte should have known the instrument was stolen. 

D. the instrument was stolen from Samantha. 

 

2. Ella owed Mark $500. Since Ella didn’t have the money to pay Mark, she asked Mark if he would accept a negotiable instrument, such as a promissory note, as payment for the debt. Mark indicated he would accept a negotiable instrument as payment. Ella wrote out a promissory note in which she agreed to pay Mark $550 in 60 days if she failed to pay him the $500 in cash within the next 30 days. Ella’s promissory note isn’t negotiable because negotiable instrument must 

A. be payable at a definite time. 

B. state a fixed amount of money. 

C. be payable to order or to bearer. 

D. give an unconditional promise or order to pay. 

 

3. Don purchased a boat from Randy. Randy told Don that he owned the boat free and clear of all liens, which Randy knew to be false, because he had just put the boat up as collateral on a loan at the bank two weeks earlier. Don issued Randy a negotiable promissory note for $5,000 to pay for the boat. By the time the promissory note came due, the bank had repossessed the boat, making Don aware of Randy’s deception. Don will be able to avoid payment to Randy because there was 

A. a failure of consideration. 

B. a breach of contract. 

C. some sort of illegality. 

D. fraud in the inducement 

 

4. Joey makes a deposit at Hometown Bank in the amount of $500. Joey’s deposit consist of a 4500 check written to him by Ross, who banks with Crosstown Bank. Hometown Bank deposits the check with Friend’s Bank, which in turn sends the check to Crosstown Bank. Which of the following is true about this set of facts? 

A. Hometown Bank is the payor bank. 

B. Crosstown Bank is the payor bank. 

C. Hometown Bank is an intermediary bank. 

D. Crosstown Bank is the depository bank.