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Company A used Company B to recover damages for the breach of a contract. In the same proceeding. Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract. In this case, what would Company B's claim against Company A be called?
Suggested Answer: A
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30 comments · newest first
CA
Caitlin
6 months ago
I agree, counterclaim is clear. It’s about damages in the same case.
KR
Kris
7 months ago
Collateral attack sounds too complicated for this situation.
NI
Nikita
7 months ago
I feel like counterclaim is the best choice. It’s straightforward.
JU
Julio
7 months ago
I’m leaning towards cross-claim. But counterclaim seems right too.
AR
Armanda
7 months ago
Not so sure about that, could be a collateral attack too.
DO
Donte
7 months ago
100% agree, it's a counterclaim!
FR
France
8 months ago
Wait, is it really that straightforward?
JA
Jamey
8 months ago
I thought it was a cross-claim at first.
HO
Hoa
8 months ago
Counterclaim, easy peasy. Though I do wonder if the person who wrote this question was trying to be a little too clever.
KE
Keith
8 months ago
Counterclaim, duh. This is like Law 101. Gotta love these easy questions on the exam.
VI
Vi
9 months ago
Counterclaim makes the most sense. I can't imagine why anyone would think it's a Collateral attack or a Reversal.
JE
Jess
9 months ago
I agree, Counterclaim is the correct answer. It's the most common way for the defendant to assert their own claims against the plaintiff.
DE
Devon
9 months ago
The answer is clearly a Counterclaim. That's the standard legal term for when the defendant brings a claim against the plaintiff in the same proceeding.
ED
Edward
9 months ago
I feel like collateral attack might be a term we discussed, but it doesn't seem to fit here. Counterclaim sounds more appropriate.
LO
Lorean
9 months ago
I practiced a similar question where a defendant filed a counterclaim, so I'm leaning towards A, but I could be wrong.
DO
Dolores
9 months ago
I'm not entirely sure, but I remember something about cross-claims being related to claims against co-defendants. This seems different.
LY
Lynelle
10 months ago
I think Company B's claim would be called a counterclaim since they're responding to Company A's original claim.
DE
Denny
10 months ago
I'm pretty confident this is a counterclaim. Company B is asserting its own claim against Company A within the same lawsuit, rather than a separate collateral attack or cross-claim.
IZ
Izetta
10 months ago
Definitely a counterclaim! It fits the scenario.
FR
Francoise
10 months ago
I think it's a counterclaim.
BR
Britt
10 months ago
It's definitely a counterclaim.
MA
Magdalene
11 months ago
Hmm, this is tricky. I'm leaning towards D) cross-claim since Company B's claim is against the other party in the same case, not a counterclaim against the original claim.
EU
Eulah
11 months ago
Okay, let me think this through. Company B is making a separate claim against Company A in the same proceeding, so I'm going to go with A) counterclaim.
CL
Claribel
11 months ago
I'm not sure, the question mentions "fraudulently induced" which makes me think it could be a collateral attack. But I'm not totally confident on that.
AN
Annette
11 months ago
I think this is a counterclaim. Company B is making a claim against Company A within the same proceeding.
AS
Ashleigh
6 months ago
Counterclaim is the right term here!
MI
Miesha
6 months ago
I think so too, it’s within the same case.
LE
Levi
6 months ago
A counterclaim fits the situation perfectly.
AL
Allene
6 months ago
Yes, makes sense to me too.
GL
Glen
6 months ago
I agree, it's definitely a counterclaim.