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21. A homeowner hired a contractor to build an addition on the homeowner’s oceanside cottage. The contract required the contractor to begin the work on May 1 and complete the work by June 15. On April 25, a hurricane completely destroyed the homeowner’s cottage. When the contractor failed to begin work on the addition on May 1, the homeowner filed suit against the contractor. This situation is most analogous to which of the following scenarios?
22. A brown car ran a red light at the intersection of Oak Avenue and President’s Way while proceeding south on Oak Drive. Joan was driving her Prius and headed east on President’s Way. As she approached Oak Avenue, the light was green and she proceeded through the intersection, but a collision occurred between Joan’s car and the brown car. Bob is the owner of the brown car, but Bob was not driving the brown car at the time of the collision. Kara is a paralegal and employed by an attorney who is considering filing a negligence suit on behalf of Joan. The attorney asks Kara to review the facts of Joan’s case and determine whether any additional investigation of the facts is necessary. Should Kara report that additional investigation is needed?
23. Paula is a trial paralegal working with attorney Lisa Osaka on a three-week trial. Paula worked many long hours preparing trial exhibits, an electronic database, and trial notebooks. Once the trial started, Paula helps Lisa with the jury-selection process and a PowerPoint® presentation used during opening statements. As the trial progresses, Lisa finds that Paula is quite skilled and adept at anticipating her needs-so that she (Lisa) can present a strong, polished case to the jury. On a personal note, Paula also enjoys socializing with friends and family through her Facebook® page. On the evening before closing statements, Paula posts a comment on her public Facebook® page stating that she has been working on a trial and thinks that one of the jurors is quite attractive. Did Paula use good judgment when she posted that comment?
24. Select the answer choice that correctly completes the following: All negligent drivers who caused a plaintiff’s injury are liable if the plaintiff suffered actual damages.Plaintiff Paul suffered actual damages from Darlene’s negligent driving that caused his injury.
25. Jerri is a paralegal with Tyrell & Associates. Jerri works with Marsha, an attorney who practices in estate planning and probate. In one case, Marsha is representing Keith. Keith’s father recently died and was a widower at the time of his death. In his will, Keith’s father left 90% of his sizeable estate to Tina, an attractive 30-year-old caregiver who cared for Keith’s father before he died. Keith believes that Tina coerced his father into changing his will and wants to challenge the will’s validity. Marsha recommends that the challenge be based on undue influence. The first element of undue influence is the existence and exertion of influence over the testator. From the following answer choices, which set of facts best supports the first element?