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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

February 2011     MCLE Test and Answer Sheet

Test No. 200: Loss Horizon

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. The economic loss doctrine generally bars recovery in tort absent harm to person or property.
 True.
 False.

2. The economic loss doctrine:
 A. Prevents limitless liability.
 B. Prevents recovery for speculative harm.
 C. Serves as a line of demarcation between tort and contract.
 D. A and B.
 E. A, B, and C.

3. Seely v. White Motor Company marked the beginning of the economic loss doctrine in California.
 True.
 False.

4. Cooper v. Jevne held that the economic loss doctrine applies to architects in professional negligence actions.
 True.
 False.

5. According to Rowland v. Christian, the foundation of negligence law in California is:
 A. Civil Code Section 1717.
 B. Civil Code Section 1714(c).
 C. Civil Code Section 1714(a).
 D. None of the above.

6. Biakanja v. Irving did not involve pure economic loss because the plaintiff had an expectancy that constituted harm to her property.
  True.
 False.

7. Company X chartered a steamboat owned by Y. While in dry dock, Company Z's dock workers negligently damaged the steamboat's propeller. X suffered harm because it could not charter the steamboat while the negligently inflicted damage was being repaired. Who, if anyone, has an action in tort against Z?
 A. X.
 B. Y.
 C. X and Y.
 D. Neither X nor Y.

8. Using the same hypothetical as Question 7, which party suffered pure economic loss only?
 A. X.
 B. Y.
 C. Z.
 D. X and Y.

9. J'Aire v. Gregory is an exception to the economic loss doctrine in California.
  True.
 False.

10. Which of the following, if any, are factors considered in tort duty analysis?
 A. Foreseeability of the harm.
 B. Intent to benefit the plaintiff.
 C. A and B.
 D. None of the above.

11. According to Bily v. Arthur Young & Company, courts "will not treat the mere presence of a foreseeable risk of injury to third persons as sufficient, standing alone, to impose liability for negligent conduct."
 True.
 False.

12. Aas v. Superior Court held that "appreciable, non-speculative, present injury is an essential element of a tort cause of action."
 True.
 False.

13. The Aas court characterized tort remedies in California for pure economic loss as "uncertain."
 True.
 False.

14. Foreseeability in the J'Aire/Biakanja multi-factored analysis is the functional equivalent of intent to benefit in third-party beneficiary analysis.
 True.
 False.

15. J'Aire confuses questions of duty with the type of harm suffered
 True.
 False.

16. Which, if any, of the following statements are true?
 A. Strangers to the agreement cannot bring an action on it.
 B. Foreseeable beneficiaries of the agreement can bring an action on it.
 C. A and B.
 D. None of the above.

17. Aas characterized the J'Aire analysis as involving "fairly subjective judgments."
 True.
 False.

18. Third-party beneficiary analysis would not relieve courts of the necessity to engage in "considerations of policy" in situations similar to J'Aire.
 True.
 False.

19. According to Civil Code Section 1559, only intended beneficiaries may bring an action on a contract to which they are not parties.
 True.
 False.

20. J'Aire is still good law.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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