Civil Procedure – Assessmentback
Topic Multiple Choice Quizzes
Topic Quizzes and Assessments
0 of 2 questions completed
You have already completed the quiz before. Hence you can not start it again.
Quiz is loading…
You must sign in or sign up to start the quiz.
You have to pass the previous Module’s quiz in order to start this quiz:
Want more topic review and exam prep essay and multiple choice questions and study assets? Sign In
Pursuant to a contract, a landscaper performed $30,000 of landscape work for a homeowner. By coincidence, the homeowner and the landscaper were involved in an automobile accident that was unrelated to the landscape work. The homeowner was injured in the accident and sued the landscaper in federal district court for negligence, seeking $100,000 in damages. The homeowner and the landscaper are citizens of different states.
May the landscaper assert and maintain a counterclaim against the homeowner for breach of contract, seeking the $30,000 due under the landscape contract?CorrectIncorrect
A State A book dealer sold a number of rare comic books to a State B collector for $90,000. The collector paid $10,000 upon delivery and agreed to pay the balance in eight monthly installments of $10,000 each. Two weeks after the sale, the dealer and the collector were involved in an automobile accident that was unrelated to the comic book transaction. The dealer filed a negligence action against the collector in federal district court to recover $100,000 for injuries incurred in the automobile accident.
If the collector wishes to assert a $90,000 fraud claim against the dealer on the grounds that the comic books were counterfeit, may the collector assert this claim in the pending negligence action?CorrectIncorrect