For fivestarlawwhich one of the following statements is
Which one of the following statements is not correct regarding the abolishment of immunity for charitable organizations?
A All states have abolished all charitable immunities.
B A few states have retained charitable immunity for negligent torts.
C Some states have abolished charitable immunity only as to particular charities.
D Some states have abolished charitable immunity but limit the total amount of recoverable damages.
Which one of the following statements is correct regarding governmental immunity?
A One general statutory provision typically allows immunity for ministerial acts.
B The military does not have immunity.
C The federal government has retained immunity for some intentional torts.
D State laws address local governments’ liability by categorizing governmental versus proprietary functions.
The persistence of parent-child immunity can be explained in part by
A a recent increase in child v. parent lawsuits.
B difficulty in obtaining and admitting evidence.
C the ease in distinguishing between ordinary negligence and negligent parenting.
D a reluctance to have judicial review over what constitutes acceptable parenting.
In which case did the court’s rationale include the opinion that the armed forces provide substantial compensation in the form of pensions or otherwise to justify limits on the federal government’s tort liability?
A United States v. Olson
B Feres v. United States
C Whisnant v. United States
D Brooks v. United States
Which one of the following statements is not a correct statement regarding immunity for judicial and legislative officers?
A Immunity is traditionally absolute if the judge or legislator was acting with jurisdiction and within their judicial or legislative capacity.
B Absolute immunity may extend to people who are not actually judicial or legislative officers.
C Judicial and legislative immunity applies whether the claim is based on state tort law or federal civil rights claims.
D Absolute immunity may not be extended to government social workers when making “quasi-prosecutorial” decisions.
In which case did the court focus on the distinction between the plaintiff claiming the government was negligent in electing to employ contractors rather than the government performing the work itself and then negligently ignoring health hazards that were called to its attention?
A Loge v. United States
B DeLong v. County of Erie
C Whisnant v. United States
D Riss v. City of New York
Which one of the following statements is the most accurate description of the holding in Burger King Corp. v. Family Dining, Inc.?
A Since the contract called for performance to occur in installments, the contract was viewed as divisible.
B Since this contract had an express condition of performance, Family Dining’s breach of that condition required strict performance and, therefore, the forfeiture argument failed.
C Since Burger King made no initial objection to Family Dining’s failure to strictly perform under the contract, Burger king cannot thereafter compel Family Dining to strictly perform without prior notice that strict performance would be required.
D Since Burger King suffered extreme forfeiture, it was allowed to terminate the contract.
Where A terminates a contract with B based upon a clause that allows for A’s right to terminate the contract at any time in A’s sole and absolute discretion, which of the following statements best describes the majority rule?
A A will still be liable to B if A’s termination was based upon his desire to renegotiate the contract on more favorable conditions.
B A will not be liable to B regardless of A’s motive.
C A will not be liable to B if A give appropriate notice of termination to B.
D A will still be liable to B if A’s termination was based upon B’s refusal of sexual advances by A.
Which one of the following statements is correct regarding the rule for good faith and fair dealings?
A Modern contract law appears to support good-faith conduct based upon reasonable standards in the formation, performance and discharge of contracts.
B Where a contract expressed sole and absolute discretion of one party, courts are reluctant to impose a good faith standard, instead opting on the parties negotiating what is appropriate for them.
C The UCC does not impose and obligation on parties to act in good faith.
D Modern courts rely on a pure theory of contract characterized by free volition of the parties, freedom of contract, judicial nonintervention and bargained-for-exchange.
Regarding good faith and fair dealing, which statement best describes the Restatement (Second) § 205?
A Good faith and bad faith are specifically defined by the Restatement.
B Where an actor believes his conduct was justified, the actor’s inaction cannot constitute bad faith.
C Bad faith may consist of inaction while fair dealing may require more than honesty.
D Courts have not recognized “slacking off” as bad faith.
Which one of the following statements best states the majority position regarding excuse of conditions involving forfeiture?
A A condition may be excused without other reason solely because enforcement of the condition will involve an extreme forfeiture.
B Virtually all contemporary American contract decisions refuse to give effect to the rule that express conditions must be strictly performed.
C Generally, before a condition is excused, courts will balance the equities of the parties.
D Where an option is contained in a lease, courts generally have been very strict and will refuse to allow a late exercise of the option.
Which one of the following statements is not correct regarding satisfaction conditions?
A The Restatement (Second) makes it clear that personal satisfaction is required if the agreement leaves no doubt that it is only honest satisfaction that is meant.
B Where one is commissioned to paint a portrait, to the satisfaction of the person being painted, the person being painted has the right to reject in good faith, even where the artist performs reasonably.
C Where the satisfaction is based on utility, fitness or value which can be measured against an objective standard, the better view is that performance need only be reasonably satisfactory.
D Where there is doubt or ambiguity as to whether a condition requires subjective or objective satisfaction, the preferred interpretation is that the contract requires subjectively satisfactory performance.
Where a provision in a contract requires the approval of an attorney and the attorney’s client tells the attorney not to approve the contract, which one of the following statements best describes the general rule?
A The attorney’s disapproval for any reason is final.
B The attorney’s disapproval will be upheld if the client made the request in good faith.
C The attorney’s disapproval will be upheld if the attorney’s disapproval was made in good faith.
D The attorney’s disapproval will not be upheld.