Law homework1
Instructions: Select the best answer choice for each question and justify your choice in 2-3 sentences, citing authority from your course materials.1. Mac and Rhamad signed a business contract with a clause that provides that if a dispute arises they must submit to binding arbitration to resolve the dispute. After they had been doing business together for a year, a dispute arose under the terms of the contract. Rather than submit to arbitration, Mac filed a lawsuit against Rhamad. Most likely the court will:a) Hear the lawsuit because Mac cannot be compelled to submit to arbitration; he is constitutionally entitled to a jury trial if he requests a trial.b) Conduct a hearing, then order a remedy without compelling Mac to submit to arbitration or to a jury trial.c) Compel Mac to submit to arbitration to resolve the dispute.d) Hear the lawsuit in a trial, then compel Mac to submit to arbitration, if Mac is not satisfied with the trial decision.2. Assume a salesperson intentionally made one of the following statements – knowing that the statement was false – to a customer considering a purchase. Which statement could create liability for fraudulent misrepresentation if the customer made the purchase?a) “In my opinion, this car is in flawless mechanical condition.”b) “This crane will probably lift about 10,000 pounds.”c) “This car is a real gem.”d) “This is an original painting by the artist, Pablo Picasso.”Knowing that the painting was not painted by Pablo3. Ram was walking down the sidewalk by a construction project site in a downtown area. The project was owned and operated by Modern Construction, Inc. and was surrounded by orange plastic fencing typically used for construction projects. Ram stopped to watch a metal beam being lifted by a crane on the construction site. As the beam swung through the air, Ram thought it was going to fall and jumped forward quickly off the sidewalk and into the construction project property, falling into and smashing the orange plastic fencing. As Ram landed inside the construction project, the beam fell near Ram. The beam did not hit Ram but some rocks were thrown onto Ram as the beam fell, cutting his arm so that it required 35 stitches.If Ram sues Model Construction for negligence, the likely result will be that Ram will:a) Lose, because he assumed the risk as a trespasser on the construction site and trespassers can never recover damages.b) Lose, because pedestrians are always liable under contributory negligence in such cases involving trespassing.c) Win, because it is always foreseeable that a beam could fall on a rescuing pedestrian.d) Win, if the beam fell because of Model Construction’s negligence.4. Kim carelessly parked her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolled down the hill and knocked down an electric line. The sparks from the broken line ignited a grass fire that spread to a barn several yards away. The roof of the burning barn fell and damaged a passing car owned by Ray. Can Ray likely recover damages from Kim under ordinary negligence?a) Yes, because Kim was negligent in parking the car.b) Yes, because Kim set in motion the chain of events that resulted in damage to Ray’s car, even though Kim did not directly hit the car.c) No, because of the unforeseeable intervening force doctrine.d) No, regardless of Kim’s negligence in parking the car as her negligence was not the proximate cause of the accident and harm that occurred to Ray.5. Lee sued Don in negligence. Lee’s losses total $100,000. Under a contributory negligence system, if Lee is found to be contributorily negligent for her own injuries, what damages will Lee like recover from Don?a) None.b) $100,000.c) $100,000, less the percentage of fault (e.g., 20%, 60%, etc.) for which Li was responsible.d) $100,000, less the percentage of fault for which Li was responsible, so long as Li was not more than 50% responsible for the injuries.
