Which one of the following statements correctly describes how courts treat insurance
policy provisions that require all waivers to be in writing?
Select one:
A. They generally do not enforce them.
B. They generally require them.
C. They always enforce them.
D. They generally enforce them.
Give this one a try later!
A. They generally do not enforce them.
Incorrect. Courts generally do not enforce policy provisions requiring all
waivers to be in writing, even though waiver is based on the contract
principle that courts will enforce valid contractual provisions. Permitting
insurers to negate the defense of waiver simply by inserting these policy
provisions would defeat the law of waivers entirely.
,Which one of the following contractual rights are assignable without the obligor's
consent?
Select one:
A. A right to collect a debt
B. Damages for personal injury
C. Personal rights and duties
D. Contract restrictions
Give this one a try later!
C. Personal rights and duties
Ordinarily, any right to collect a debt is assignable because it is usually no
more difficult for a debtor to pay the assignee the amount owed than it
would have been to pay the original creditor.Damages for personal injury,
personal rights and duties, and contract restrictions are not assignable
without the obligor's consent.
Which one of the following best explains how a successful litigant enforces an
arbitration award?
Select one:
A. The winning party can take the arbitrator's award directly to a sheriff to mandate
compliance with the decision.
B. An arbitrator cannot award money, but the decision can be used as persuasive
evidence in a real court.
C. An arbitrator's award is filed with the appropriate court and is as enforceable as
any court judgment.
D. The parties participating in the arbitration agree in a contract to comply with the
arbitrator's decision.
Give this one a try later!
, C. An arbitrator's award is filed with the appropriate court and is as
enforceable as any court judgment.
There was a large unmarked sinkhole on Charlotte's property, a short distance from a
public road. One evening, a police officer chased a mugger off the road and onto
Charlotte's property. Both the officer and the mugger fell into the hole and were
injured. Which one of the following best answers whether Charlotte is liable for the
injuries to the police officer and/or to the mugger?
Select one:
A. Charlotte is liable to both the officer and the mugger, because she had a duty to
avoid endangering travelers with an unguarded ditch.Incorrect. Charlotte is liable to
the officer for the unguarded ditch, because the officer was a licensee, but she is not
liable to the trespassing mugger. Firefighters and police officers are licensees when
they enter property to perform their duties.
B. Charlotte is not liable to either the officer or the mugger, because occupiers of
land have no duty to correct defects abutting sidewalks or streets.
C. Charlotte is not liable to the officer or the mugger, because they were both
trespassers on her property.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer was a
licensee, but she is not liable to the trespassing mugger.
Give this one a try later!
D. Charlotte is liable to the officer for the unguarded ditch, because the
officer was a licensee, but she is not liable to the trespassing mugger.
Charlotte is liable to the officer for the unguarded ditch, because the
officer was a licensee, but she is not liable to the trespassing mugger.
Firefighters and police officers are licensees when they enter property to
perform their duties.
Corporations have implied powers to
Select one:
, A. Do anything that corporate management elects to do.
B. Do anything that corporate shareholders direct management to do, by shareholder
resolution.
C. Do only what is specified in the corporate charter.
D. Do all things necessary or convenient to achieve the corporation's purpose.
Give this one a try later!
D. Do all things necessary or convenient to achieve the corporation's
purpose.
Incorrect. In addition to the powers given by law and those stated in the
charter, corporations have implied powers to do all things necessary or
convenient to achieve the corporation's purpose.
Luke and Elia are in a dispute over the meaning of a term in a service contract
between them. Luke argues that 12 p.m. means 12 noon, and Elia says no, it means 12
midnight. Luke believes he is right because he was the drafter of the contract. They
both found research indicating that it could go either way, depending on which
convention is used. Which one of the following is the doctrine that a court would use
to resolve this dispute?
Select one:
A. Divisible contract
B. Intention of parties
C. Contradictory terms
D. Contra proferentum
Give this one a try later!
D. Contra proferentum
Incorrect. Contra proferentum, meaning "against the offeror." Ambiguous
language is interpreted against the interests of its creator. This encourages
parties to be as clear as possible when drafting contracts.
policy provisions that require all waivers to be in writing?
Select one:
A. They generally do not enforce them.
B. They generally require them.
C. They always enforce them.
D. They generally enforce them.
Give this one a try later!
A. They generally do not enforce them.
Incorrect. Courts generally do not enforce policy provisions requiring all
waivers to be in writing, even though waiver is based on the contract
principle that courts will enforce valid contractual provisions. Permitting
insurers to negate the defense of waiver simply by inserting these policy
provisions would defeat the law of waivers entirely.
,Which one of the following contractual rights are assignable without the obligor's
consent?
Select one:
A. A right to collect a debt
B. Damages for personal injury
C. Personal rights and duties
D. Contract restrictions
Give this one a try later!
C. Personal rights and duties
Ordinarily, any right to collect a debt is assignable because it is usually no
more difficult for a debtor to pay the assignee the amount owed than it
would have been to pay the original creditor.Damages for personal injury,
personal rights and duties, and contract restrictions are not assignable
without the obligor's consent.
Which one of the following best explains how a successful litigant enforces an
arbitration award?
Select one:
A. The winning party can take the arbitrator's award directly to a sheriff to mandate
compliance with the decision.
B. An arbitrator cannot award money, but the decision can be used as persuasive
evidence in a real court.
C. An arbitrator's award is filed with the appropriate court and is as enforceable as
any court judgment.
D. The parties participating in the arbitration agree in a contract to comply with the
arbitrator's decision.
Give this one a try later!
, C. An arbitrator's award is filed with the appropriate court and is as
enforceable as any court judgment.
There was a large unmarked sinkhole on Charlotte's property, a short distance from a
public road. One evening, a police officer chased a mugger off the road and onto
Charlotte's property. Both the officer and the mugger fell into the hole and were
injured. Which one of the following best answers whether Charlotte is liable for the
injuries to the police officer and/or to the mugger?
Select one:
A. Charlotte is liable to both the officer and the mugger, because she had a duty to
avoid endangering travelers with an unguarded ditch.Incorrect. Charlotte is liable to
the officer for the unguarded ditch, because the officer was a licensee, but she is not
liable to the trespassing mugger. Firefighters and police officers are licensees when
they enter property to perform their duties.
B. Charlotte is not liable to either the officer or the mugger, because occupiers of
land have no duty to correct defects abutting sidewalks or streets.
C. Charlotte is not liable to the officer or the mugger, because they were both
trespassers on her property.
D. Charlotte is liable to the officer for the unguarded ditch, because the officer was a
licensee, but she is not liable to the trespassing mugger.
Give this one a try later!
D. Charlotte is liable to the officer for the unguarded ditch, because the
officer was a licensee, but she is not liable to the trespassing mugger.
Charlotte is liable to the officer for the unguarded ditch, because the
officer was a licensee, but she is not liable to the trespassing mugger.
Firefighters and police officers are licensees when they enter property to
perform their duties.
Corporations have implied powers to
Select one:
, A. Do anything that corporate management elects to do.
B. Do anything that corporate shareholders direct management to do, by shareholder
resolution.
C. Do only what is specified in the corporate charter.
D. Do all things necessary or convenient to achieve the corporation's purpose.
Give this one a try later!
D. Do all things necessary or convenient to achieve the corporation's
purpose.
Incorrect. In addition to the powers given by law and those stated in the
charter, corporations have implied powers to do all things necessary or
convenient to achieve the corporation's purpose.
Luke and Elia are in a dispute over the meaning of a term in a service contract
between them. Luke argues that 12 p.m. means 12 noon, and Elia says no, it means 12
midnight. Luke believes he is right because he was the drafter of the contract. They
both found research indicating that it could go either way, depending on which
convention is used. Which one of the following is the doctrine that a court would use
to resolve this dispute?
Select one:
A. Divisible contract
B. Intention of parties
C. Contradictory terms
D. Contra proferentum
Give this one a try later!
D. Contra proferentum
Incorrect. Contra proferentum, meaning "against the offeror." Ambiguous
language is interpreted against the interests of its creator. This encourages
parties to be as clear as possible when drafting contracts.
