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Question
An auction with reserve is one in which the seller expressly gives up his or her right to withdraw the goods from sale and must accept the highest bid.Answer
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Related questions
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A promise based on the past performance of the promisee lacks consideration.
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A counteroffer is effective when dispatched by the offeree.
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If the offeror withdraws the offer any time prior to its acceptance by the offeree, it is termed a revocation.
Q:
An auction without reserve is one in which the seller retains the right to refuse the highest bid and withdraw the goods from sale.
Q:
A term in a contract that can reasonably be supplied by the courts is called an implied term.
Q:
The person who makes the offer is called the offeree and the person to whom the offer is made is called the offeror.
Q:
Which of the following is true about a promissory estoppel?
A) It is invoked in cases having option contract infringements.
B) It permits a court to order enforcement of a contract that lacks consideration.
C) It allows for a party to claim goods, which were revoked, for which it has already paid consideration.
D) It is invoked in cases that involve a promissory note to pay considerations at a later time.
Q:
Which of the following is true for an accord?
A) The accord terminates the original contract.
B) The non-breaching party cannot enforce the original contract if the accord is not satisfied.
C) It is enforceable even though no new consideration is given.
D) An accord is only reached when both parties of the contract fail to meet their contractual obligations.
Q:
List the essential elements that constitute a valid contract.
Q:
Compare valid, void, voidable, and unenforceable contracts.
Q:
What is the importance of quasi-contracts?
Q:
Decisions of highest state courts are final and no further appeals can be made to any other court even if it involves a question of law.
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Many states have created small claims courts to hear civil cases involving small dollar amounts.
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The city of Newvale removes a billboard on the highway that was put up by Fizzard, Inc., a soft drink manufacturer, advertising the soft drink it had launched recently. The city council removed the billboard as they feared that it would distract motorists and other road users. Fizzard challenges the decision taken by the city council of Newvale. Discuss if the city council of Newvale is justified in prohibiting billboards.
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The state of Carterbridge regulates the sale of liquor within its boundaries. It passes a statute permitting in-state liquor stores to sell liquor directly to customers and prohibits out-of-state liquor houses from selling liquor directly to customers. Delightful Dreamz, a liquor store from a neighboring state, challenges the statute passed by the state legislation of Carterbridge, alleging violation of the Commerce Clause. Discuss the outcome of the allegation made by Delightful Dreamz.
Q:
The test of whether procedural due process is met is whether a "reasonable person" could understand the law to be able to comply with it.
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Most government laws are often written in "legalese."
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Under the intermediate scrutiny test, the government must have an exceptionally important reason for treating persons differently because of their race in order for such unequal treatment to be lawful.
Q:
The Free Exercise Clause prohibits the government from interfering with the free exercise of religion in the United States.
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A speech is considered obscene when the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Q:
The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.
A) procedural due process
B) substantive due process
C) Supremacy Clause
D) Equal Protection Clause
Q:
The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________.
A) strict scrutiny test
B) intermediate basis test
C) due process test
D) rational basis test
Q:
Which of the following statements is true about the freedom of religion under the U.S. Constitution?
A) It gives practitioners absolute rights to take part in actions which are religious-based.
B) It permits the government to either establish a government-sponsored religion or promote one religion over another.
C) It permits the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
D) It requires federal, state, and local governments to be neutral toward religion and thus guarantee that there will be no state-sponsored religion.
Q:
Which of the following is a form of unprotected speech?
A) offensive speech
B) defamatory language
C) commercial speech
D) political speech
Q:
According to the ________ doctrine, a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent.
A) strict liability
B) transferred intent
C) professional malpractice
D) attractive nuisance
Q:
The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident. A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident, while the plaintiff's own negligence is 40 percent responsible. Under the doctrine of contributory negligence, how much would the defendant"the manufacturer of the vehicle"have to pay the plaintiff in damages?
A) $60,000
B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.
Q:
Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck. When he tries to drive the truck, the oversized tires cause the truck to roll over and crash. Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries. Which of the following is the best defense for truck manufacturer in this lawsuit?
A) comparative negligence
B) assumption of the risk
C) professional malpractice
D) superseding event
Q:
If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________.
A) professional malpractice
B) intentional misrepresentation
C) tort of appropriation
D) defamation
Q:
What is meant by "causation in fact"?
A) a defendant's counter-lawsuit against malicious prosecution
B) a defendant's negligent act led to the plaintiff's injuries
C) a defendant's defense against a case of negligence
D) a defendant's plea of guilt due to negligence
Q:
Intentionally creating a false fire alarm in a hospital is an example of ________.
A) tort appropriation
B) a breach of Good Samaritan laws
C) a breach of duty of care
D) tort of res ipsa loquitur