BUL 5810 Exam 3

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Sometimes a party makes misrepresentations, which if untrue, could constitute a material misrepresentation. Which of the following fits that description? a. "This is the one that I would buy." b. "This is the best tablet on the market." c. "These tires will wear like iron." d. "This car has a new engine."

d. "This car has a new engine."

By operation of law one might be able to discharge their contractual obligations by: a. default. b. mutual rescission. c. bankruptcy. d. satisfaction.

c. bankruptcy.

Even though all creditors have not been paid in full, a discharge under the __________ eliminates ordinary contract claims against the debtor. a. bankruptcy law b. frustration of purpose doctrine c. perfect tender rule d. impossibility of performance doctrine

a. bankruptcy law

Shirley leases Tom a defective piece of machinery that causes $50,000 in property damage and $100,000 in personal injuries. In addition to damages for loss of value and incidental damages, how much can Tom recover as consequential damages? a. $150,000. b. $100,000. c. $50,000. d. None of these answers are correct.

a. $150,000.

Which of the following would generally be considered to be a regulatory licensing law? a. A statute requiring that doctors be licensed after finishing medical school. b. A statute requiring that salespeople be licensed, but not establishing any educational or training requirements. c. A statute requiring plumbers to be licensed, but not establishing any standards of competence. d. A statute that requires flag makers to register with the state before selling flags.

a. A statute requiring that doctors be licensed after finishing medical school.

Which of the following is a contract with a condition subsequent? a. Adam bought an iPad but he may return the iPad within one month and get all of his money back. b. Sally enters into a contract to buy a new house conditional upon her getting a loan from her bank. c. All of these are correct. d. None of these are correct.

a. Adam bought an iPad but he may return the iPad within one month and get all of his money back.

Who would likely be considered a merchant under the UCC with respect to the goods in question? a. An authorized Apple computer dealer selling accessories for Apple computers and Apple-related products. b. An authorized Apple computer dealer selling the old shelving in the Apple store that was used to display the Apple products before the store was redecorated. c. An authorized Apple computer dealer selling household goods at a yard sale at his home. d. All of these are correct.

a. An authorized Apple computer dealer selling accessories for Apple computers and Apple-related products.

Annie wants to buy a vehicle that will tow a camper. She gives the specific measurements and weight of the trailer to the salesman. The salesman tells her that the SUV Annie sees on the car lot would be just perfect to tow the trailer. Annie test drives the vehicle and then buys it. In this case: a. Annie was not justified in relying upon the salesman's representation that the car would tow the trailer. b. the element of scienter is missing. c. the salesman is in a confidential relationship with Annie. d. Annie has a valid cause of action for fraud.

a. Annie was not justified in relying upon the salesman's representation that the car would tow the trailer.

Sid makes a material representation of fact regarding his car to Barbara while out driving one day. The next day, Barbara calls Sid and offers to buy his car. Sid accepts Barbara's offer without correcting the misrepresentation of fact that he made the previous day. What is the effect of the material representation on the agreement between Sid and Barbara? a. Barbara may avoid the contract. b. Either Barbara or Sid may avoid the contract. c. Sid may avoid the contract. d. There is no effect because it was made the day before the offer was made.

a. Barbara may avoid the contract.

Jacqueline entered into an employment contract with The Umbrella Corporation that contained a covenant not to compete, as well as other provisions involving salary, a severance package, holiday compensation, and other employment-related benefits. If the court finds only the covenant not to compete illegal, what effect will such a ruling have on the remainder of the contract? a. Because this is a partially illegal contract, the remainder of the contract may be enforced. b. Because the covenant not to compete is illegal, the entire contract is illegal. c. Because this is a partially illegal contract, Jacqueline is entitled to liquidated damages on the remainder of the contract. d. None of these answers are correct.

a. Because this is a partially illegal contract, the remainder of the contract may be enforced.

BigOil promises Gasnow as many barrels of oil as they shall chose at $50 per barrel. In this case: a. BigOil has made an illusory promise. b. BigOil's promise is legally sufficient unless BigOil knows they are running out of oil. c. BigOil has made a conditional promise which is not sufficient to form consideration. d. BigOil's promise is legally inadequate and the courts will therefore not enforce it.

a. BigOil has made an illusory promise.

George and Laura make mutual promises to marry, but unknown to Laura, George is already married to Barbara. In the state where George and Laura live, bigamy (marriage to more than one person) is illegal and makes a bigamous marriage void. If Laura sues George for damages and wins, what principle may she use? a. Excusable ignorance. b. Duress. c. Unconscionability. d. None of these answers are correct.

a. Excusable ignorance.

Bill offers to sell his house to Harry for $90,000. Harry tells Bill he will buy the house for $90,000 if Bill will fix the roof. Which statement is true? a. Harry has made a counteroffer. Unless Bill accepts the counteroffer, there is no contract. b. Harry has made a counteroffer. If Bill does not accept the counteroffer, Harry can still accept Bill's original offer unless Bill revokes it. c. Harry has revoked Bill's offer. d. Under the UCC, Harry has accepted the offer even though his acceptance was not the mirror image of the offer.

a. Harry has made a counteroffer. Unless Bill accepts the counteroffer, there is no contract.

For purposes of general contract law (common law), an offer must: a. be sufficiently definite and certain. b. be made to only to one person. c. be intended by the offeror to be an offer. d. All of these are correct.

a. be sufficiently definite and certain.

If both parties exchange promises, the contract is: a. bilateral. b. void. c. implied. d. executed

a. bilateral.

Contracts induced by threats of __________ are not voidable, unlike threats of __________ regardless of whether the coerced party had committed an unlawful act. a. civil prosecution; criminal prosecution b. criminal prosecution; civil prosecution c. tortious conduct; civil prosecution d. None of these are correct.

a. civil prosecution; criminal prosecution

Bill offers to sell his house to Harry for $90,000. Harry tells Bill he will buy the house for $90,000 if Bill will fix the roof. Bill says he is not interested in fixing the roof. Harry then tells Bill he will still buy the house. Bill tells Harry the house is no longer for sale to Harry. Which statement is true? a. Harry's counteroffer terminated Bill's offer, and Bill's rejection of both Harry's counteroffer ($90,000 plus fix the roof) and offer ($90,000) leave Bill free to make a new offer to sell the house to anyone he chooses, including Harry, and under any terms he chooses as long as the terms are not illegal. b. If Bill will not sell the house to Harry for $90,000, he cannot sell the house to anyone for $90.000. c. Bill must sell the house to Harry because Harry accepted his offer to sell the house for $90,000. d. Harry's counteroffer terminated Bill's offer; however, Bill can still change his mind and accept either Harry's counteroffer or Harry's offer to buy Bill's house for $90,000.

a. Harry's counteroffer terminated Bill's offer, and Bill's rejection of both Harry's counteroffer ($90,000 plus fix the roof) and offer ($90,000) leave Bill free to make a new offer to sell the house to anyone he chooses, including Harry, and under any terms he chooses as long as the terms are not illegal.

Which of the following promises does have to be evidenced by a writing in order to be enforceable? a. Jack's agreement with Steve to sell his condominium for $150,000. b. Sarah's promise to work for Angie for ten months. c. Sam and Alicia decide to get married. d. Karen's agreement with Sandy to buy her sewing machine for $200.

a. Jack's agreement with Steve to sell his condominium for $150,000.

Sherry owns an apartment building. Sherry and Robert orally agree that Robert will rent one of Sybil's apartments, beginning immediately, for a period of one year. After one year, Robert seeks to rescind the rental agreement with Sherry on grounds that it did not comply with the Statute of Frauds. Will Robert be successful? a. No, both parties have fully performed under the oral contract. b. No, unless Robert invoked the proper provision of the statute of frauds. c. Yes, because this contract involved interest in land. d. None of these answers are correct.

a. No, both parties have fully performed under the oral contract.

The Jones' have always admired a house that sits on the top of a hill owned by the Smiths. Martin is a mutual friend of both the Jones and the Smiths. One day, Martin mentions to the Smiths how much the Jones would love to buy the Smith home. The Smiths say that if they sell the house, they would be happy to sell it to the Jones. Martin relays this conversation to the Jones and the Jones immediately call the Smiths to accept the Smith's offer to sell. Have Smiths made an offer to sell their home to the Jones? a. No. The Smiths did not objectively intend to make an offer because they did not clearly state they were willing to sell the house. b. No. The Smiths did not include a selling price in their conversation with Martin so the offer would fail for lack of specificity and definiteness. c. None of these are correct. d. All of these are correct.

a. No. The Smiths did not objectively intend to make an offer because they did not clearly state they were willing to sell the house.

Which of the following will be seen as commercial impracticability? a. Performance is rendered unjust by a supervening event not caused by her own fault. b. A shortage of materials necessary for production of goods and/or provision of services called for under the contract c. An unanticipated increase in the cost of performance d. Hardship caused by neglect or oversight.

a. Performance is rendered unjust by a supervening event not caused by her own fault.

Madeline, age 17, ordered a pair of diamond earrings on the installment plan. She paid $50 every month until she turned 18, the age of majority. The next day, she sold them to Samantha and disaffirmed the contract. What is the result? a. Samantha is still liable because selling the earrings amounted to a ratification. b. Samantha is still liable because she used the earrings. c. Samantha is not liable because earrings are not necessaries. d. Samantha is still liable since she had to disaffirm before her 18th birthday.

a. Samantha is still liable because selling the earrings amounted to a ratification.

Which is NOT a correct about the UCC's "Battle of the Forms" rule? a. The UCC battle of the forms rule is what common law calls the mirror image rule. b. The UCC battle of the forms rule changes the common law's mirror image rule. c. The UCC battle of the forms rule may result in a contract with terms that are not identical to the terms included in the offer. d. What gets included in the final contract terms may depend upon whether the parties are merchants.

a. The UCC battle of the forms rule is what common law calls the mirror image rule.

In some situations the courts will enforce new promises to perform an obligation that originally was not enforceable. Which of the following would be that sort of promise? a. An illusory promise. b. A new promise to pay a debt barred by the statute of limitations. c. A promise to supply all of the materials a manufacturer will need for the production of a certain item for a specified period of time. d. In the majority of states, a promise by a father to pay someone who rendered emergency services to his injured son before the father had arrived at the accident scene.

b. A new promise to pay a debt barred by the statute of limitations.

Betty is looking at the grocery ads in the newspaper and sees that canned tuna is on sale for 6 cents. Because this is an amazingly low price, she rushes off to the grocery store. She loads 10 cans into her cart, goes to the checkout counter and hands the cashier 60 cents. The cashier asks for $6.90 and tells her that the tuna is 69 cents per can and that the ad was a misprint. Betty demands that the tuna be sold to her for 6 cents a can. Which of the following statements about the ad is correct? a. The ad is an invitation for others to make offers. Betty has made an offer to buy the tuna for 6 cents a can and the grocer has rejected Betty's offer, but countered with an offer to sell it to Betty for 69 cents per can. b. The ad is an offer and Betty has accepted the grocer's offer; therefore, there now is a contract between the grocer and Betty for the sale of tuna in exchange for 6 cents per can. c. The ad is a contract and the store has a contractual obligation to sell the tuna to Betty for 6 cents a can. d. The ad is a firm offer made by a merchant and the grocer must sell Betty the tuna for 6 cents a can.

a. The ad is an invitation for others to make offers. Betty has made an offer to buy the tuna for 6 cents a can and the grocer has rejected Betty's offer, but countered with an offer to sell it to Betty for 69 cents per can.

Which of the following is true regarding noncompliance with the statute of frauds? a. The basic legal effect under the statute of frauds and the UCC is the same. b. The statute of frauds applies to executed and executory contracts. c. A party to a contract which was unenforceable because of the statute of frauds but who relied upon the contract may not recover in restitution the benefits he conferred on the other party. d. The doctrine of promissory estoppel cannot displace the requirement of a writing under a statute of frauds.

a. The basic legal effect under the statute of frauds and the UCC is the same.

Stephanie induces Wanda to purchase 100 shares in Zazzy Corporation at a price of $100 per share. Stephanie tells Wanda that she paid $150 for them the previous month. In fact Stephanie only paid $50. How can this representation of a past event be characterized? a. The representation of a past event is a misrepresentation of fact. b. The representation is a misrepresentation of law. c. The fact that was misrepresented was not material. d. This is a mutual mistake of fact.

a. The representation of a past event is a misrepresentation of fact.

When it is said that a contract made by a minor is voidable, which of the following is true? a. While still a minor, he can disaffirm the contract and return the property. b. At any time before he turns 21, he can disaffirm the contract and return the property. c. Within 72 hours of the contract a minor can disaffirm the contract. d. None of these are correct.

a. While still a minor, he can disaffirm the contract and return the property.

Sonny promises Maria not to foreclose for a period of six months on a mortgage that Sonny owns on Maria's real property. Relying on this promise, Maria begins to build a home on the land. If Sonny forecloses in two months, can Maria seek to enforce Sonny's promise?uestion a. Yes, Sonny made a non-contractual promise and Maria reasonably relied on such promise and began building a home on the land. b. No, Sonny's promise was illusory. c. Yes, Maria can argue that she was under duress by Sonny. d. No, this contract is illegal.

a. Yes, Sonny made a non-contractual promise and Maria reasonably relied on such promise and began building a home on the land.

Angelo borrows $2,000 from Maria. Maria electronically transfers Angelo the $2,000. Angelo promises to pay Maria the full amount in four $500 yearly installments of $500. Is such an agreement enforceable? a. Yes, because Maria has fully performed by making the loan. b. No, because the contract exceeds the one-year provision of the statute of frauds. c. No, because this involves the sale of goods. d. None of these answers are correct.

a. Yes, because Maria has fully performed by making the loan.

Wilma has an insurance policy on the contents of her apartment, which requires that she notify the insurance company within 60 days of any loss before she is eligible to receive payment for her loss. The notification requirement is: a. a condition precedent. b. a concurrent condition. c. an implied-in-law condition. d. a condition subsequent.

a. a condition precedent.

Courts allow a minor a certain amount of time to disaffirm a contract when he turns 18 years of age. That time period is: a. a reasonable period of time after reaching the age of majority. b. 30 days from learning of his or her right to disaffirm. c. Ten days from his 18th birthday. d. one year from the date of the agreement.

a. a reasonable period of time after reaching the age of majority.

A(n) __________ is a contract by which an obligee promises to accept a stated performance in satisfaction of the obligor's existing contractual duty. a. accord b. satisfaction c. novation d. mutual rescission

a. accord

Contracts that are implied in law: a. are obligations imposed by law on grounds of justice and equity. b. are really contracts. c. are also called implied in fact contracts d. require the assent of the contracting parties.

a. are obligations imposed by law on grounds of justice and equity.

In the case of Merritt v. Craig, the plaintiff sued for a rescission of the contract along with: a. compensatory and punitive damages. b. lost profits. c. nominal damages. d. All of these are correct.

a. compensatory and punitive damages.

A buyer of a business may negotiate a __________ contract clause to keep the seller from running a competing business. a. covenant not to compete b. good faith c. contract in restraint of trade d. None of these are correct.

a. covenant not to compete

Courts of equity will not grant specific performance of contracts: a. for a personal services contract. b. for the sale of real estate. c. for the sale of the original manuscript of a rare edition book. d. All of these are correct.

a. for a personal services contract.

A resulting contract is void when it is brought about by: a. fraud in the execution. b. fraud in the inducement. c. innocent misrepresentation. d. All of these are correct.

a. fraud in the execution.

A small sum of damages fixed without regard to the amount loss is known as: a. nominal damages. b. out-of-pocket damages. c. inconsequential damages. d. None of these are correct.

a. nominal damages.

When a judge enters a very small order for damages, when the plaintiff has not sustained or cannot prove any injury or loss for a breach of contract action, she has entered an order for: a. nominal damages. b. exemplary damages. c. mitigated damages. d. compensatory damages

a. nominal damages.

A noncompete agreement may be held invalid, the courts insist that the employer demonstrate that the restriction is __________ to protect the employer's legitimate interest without overly restricting the employee's ability to find another job. a. reasonable and necessary b. unconscionable c. exculpatory d. usurious

a. reasonable and necessary

To establish fraud, the misrepresentation must have been known by the one making it to be false and must be made with an intent to deceive. That knowledge is known as: a. scienter. b. negligent misrepresentation. c. sales puffery. d. All of these are correct.

a. scienter.

Raul builds Evelyn a $200,000 home according to Evelyn's specifications. Raul, however, missed two specifications, causing Evelyn to incur $25,000 in damages to fix the missed specifications. If Evelyn files a breach of contract, but the court does not allow her to forgo paying for the house, and only requires her to pay Raul $175,000, what theory will the court use to justify its order? a. substantial performance. b. novation. c. mutual rescission. d. satisfaction.

a. substantial performance.

Furniture Store runs an ad in the local Sunday newspaper announcing a Veteran's Day special on a Brandname chairside table. The ad states the price of the table, the dimensions, the SKU#, and what the table is made of. Other parts of the ad indicate the store's location, the hours, and a website where purchases may be made online. If Joe goes into the store sometime during the day on Veteran's day and tries to buy a Brandname chairside table, but is told the store has sold out of that particular table, according to the court in Lefkowitz v. Great Minneapolis Surplus Store, Inc.: a. the store is not likely to be in breach of contract because the facts and circumstances regarding its ad indicate that the ad was intended to be like most ads—an invitation for the public to make an offer—and the store did not accept Joe's offer. b. the store is likely to be in breach of contract because the ad was an offer that Joe accepted. c. the store is not likely to be in breach of contract because Joe wasn't the first person to accept the offer made in its ad. d. the store is not likely to be in breach of contract because an ad made to the generalpublic can never be an offer.

a. the store is not likely to be in breach of contract because the facts and circumstances regarding its ad indicate that the ad was intended to be like most ads—an invitation for the public to make an offer—and the store did not accept Joe's offer.

Mary is a person who experiences hallucinations and other psychotic episodes. She has been adjudicated incompetent and a guardian has been appointed to care for her. Any contracts from this point forward are: a. void. b. enforceable. c. valid. d. voidable.

a. void.

Sally offers to sell her Business Law textbook from last semester to Bob for $50.00. Bob accepts Sally's offer and tells her he will pay her on Friday when he gets his paycheck. A contract is formed: a. when Bob accepts Sally's offer b. when Bob pays Sally. c. when Sally offers to sell her book to Bob. d. when Bob gets his paycheck.

a. when Bob accepts Sally's offer

The sole hospital in a city offers a standard patient care agreement. The contract is prepared on a standard form and offers terms on a take-it-or-leave-it basis. Such a contract is called: a. exculpatory. b. a usurious contract. c. an adhesion contract. d. an illegal restraint of trade.

c. an adhesion contract.

One issue before the court in Vanegas v. American Energy Services case was: a. whether AES was bound by a promise to pay at-will employees 5% of the value of the sale of the company if they continued their employment after the sale. b. whether AES would have failed had the original employees not continued their employment. c. whether the employees who remained with AES were sufficiently compensated for their work. d. whether the sale of the company was contingent on the continued presence of the Vanegas and the other original employees.

a. whether AES was bound by a promise to pay at-will employees 5% of the value of the sale of the company if they continued their employment after the sale.

One issue before the court in the In Re The Score Board, Inc. case was: a. whether Kobe Bryant, by his actions, ratified a contract with Score Board after reaching the age of majority. b. whether the contract with Scoreboard supplied sufficient consideration for Bryant's autographs. c. whether the deal made for Bryant to sign autographs was a good opportunity. d. whether a person playing in the NBA needed protection during the time before he reached the age of majority.

a. whether Kobe Bryant, by his actions, ratified a contract with Score Board after reaching the age of majority.

One issue before the court in the First State Bank of Sinai v. Hyland case was: a. whether the contract between Hyland's father and the Bank was void due to alcohol-related incapacity. b. whether the note was discharged in Randy Hyland's bankruptcy. c. whether a person committed to alcoholism treatment is automatically incompetent. d. whether the bank knew that Mervin Hyland was incapacitated by liquor.

a. whether the contract between Hyland's father and the Bank was void due to alcohol-related incapacity.

One issue before the court in Payroll Advance, Inc. v. Yates case was: a. whether the covenant not to compete between a check cashing company and its former employee was reasonable in scope and duration. b. whether Yates's new employer was in competition with Payroll. c. whether there was any consideration to Yates for signing the noncompetition provision. d. whether Yates was trying to recruit clients away from Payroll.

a. whether the covenant not to compete between a check cashing company and its former employee was reasonable in scope and duration.

Contracts for the sale of goods priced (starting) at _____ or more must ordinarily be in writing under UCC Section 2-201. a. $50 b. $500 c. $1500 d. $1,000

b. $500

Bernie promises to build an office complex for Donald for $1 million by February 1. Bernie breaches the agreement by finishing construction by March 1. As a result of the breach, Donald lost $100,000 for the month lost, but saved expenses of $25,000. How much is Bernie liable for? a. $1 million b. $75,000 c. Nominal damages. d. $100,000

b. $75,000

Furniture Store runs an ad in the local Sunday newspaper announcing a special Veteran's Day offer of a free Brandname chairside table to the first three veterans who come into the store on Veteran's Day. The ad states the price of the table, the dimensions, the SKU#, and what the table is made of. Other parts of the ad indicate the store's location and its hours. Joe is a Veteran. He goes to the store on Veteran's Day, but he arrives after the hours listed in the ad and the store has closed. Joe sticks a post-it on the store door saying that he is a veteran and wants the table. Which of the following statements is correct about his offer? a. According to the court in Lefkowitz v. Great Minneapolis Surplus Store, Inc., Joe's post-it will be considered an offer rather than an acceptance because the ad was not specific enough to be considered an offer. b. According to the court in Osprey L.L.C. v. Kelly-Moore Paint Co., Inc., Joe's sticking a the post-it on the door of the store is not the authorized means of accepting the store's offer and is not likely be considered a sufficient substitute for the ad's requirement that the offer be accepted by coming into the store because it does not ensure that the offeror will receive the acceptance at all and it does not ensure that the acceptance will be received before the offer has expired by its terms. c. According to the court in Osprey L.L.C. v. Kelly-Moore Paint Co., Inc., Joe's sticking a the post-it on the door of the store is not the authorized means of accepting the store's offer, but will likely be considered a sufficient substitute for the ad's requirement that the offer be accepted by coming into the store. d. Joe will be entitled to the table as long as no more than two other veterans accepted the offer before him.

b. According to the court in Osprey L.L.C. v. Kelly-Moore Paint Co., Inc., Joe's sticking a the post-it on the door of the store is not the authorized means of accepting the store's offer and is not likely be considered a sufficient substitute for the ad's requirement that the offer be accepted by coming into the store because it does not ensure that the offeror will receive the acceptance at all and it does not ensure that the acceptance will be received before the offer has expired by its terms.

Chase and Tyler are best friends and fellow police officers. One day, Chase came home with a brand new, top-of-the-line Ford F-150 4x4 pickup valued at $38,000 and showed it to Tyler. Tyler told Chase that he wanted a truck just like his. Jokingly, Chase says, "Sure thing, buddy. I'll sell you my new pickup for $100 and a six-pack of beer!" If Tyler seeks to accept Chase's offer, what is Chase's best defense? a. Chase's offer is undervalued. b. Chase intended the offer as a joke and a reasonable person would understand it to be a joke. c. Chase's terms were open. d. Chase was merely advertising a price to Tyler.

b. Chase intended the offer as a joke and a reasonable person would understand it to be a joke.

Which type of condition is more common? a. Conditions subsequent are quite common in contracts. b. Conditions precedent are common in contracts. c. Neither conditions subsequent nor are conditions common in contracts. d. None of these are correct

b. Conditions precedent are common in contracts.

Bill enters into a contract with Harry. The terms are that Bill will build an addition to Harry's home, replace the roof on Harry's garage, and make repave Harry's driveway in exchange for Bill's payment to Harry of several thousand dollars once all of the projects have been completed. If the driveway repavement has not yet been completed, but the addition and the roof have been completed, which term describes the type of contract in existence? a. Voidable b. Executory c. Implied-in-fact d. Quasi-contract

b. Executory

Debra delivers a package to Jackie and requests Jackie to sign a receipt for the package, holds out a simple sheet of paper that says "Receipt," and shows a line where Jackie is supposed to sign. The line, which appears to be at the bottom of the receipt, is actually a promissory note for a $10,000 loan. Jackie signed the line, as indicated by Debra and did not know that she was signing a note. This scenario is an example of: a. Undue Influence. b. Fraud in the execution. c. Fraud in the inducement. d. Duress.

b. Fraud in the execution.

Jamal negligently injures Gayle, for which Gayle may recover damages in a tort action. Jamal promises Gayle $10,000 if Gayle forbears from bring suit against him. Gayle accepts by not suing. What legal detriment, if any, has Gayle incurred in this case? a. Gayle has not incurred a legal detriment. b. Gayle promised to refrain from bring suit against Jamal. c. Gayle's injuries are the legal detriment that she suffered. d. Gayle had no legal right to sue Jamal for the injuries he caused, prior to the $10,000 payment.

b. Gayle promised to refrain from bring suit against Jamal.

The law very carefully scrutinizes contracts between those in a relationship of trust and confidence that is likely to permit one party to take unfair advantage of the other. Which of the following is not an example of that type of relationship? a. Agent and principal. b. Hair dresser and client. c. Parent and child. d. Doctor and patient.

b. Hair dresser and client.

b. Joe is not likely to be contractually bound to this purchase because two months is likely to be more than a reasonable amount of time within which the store had to accept Joe's offer.

__________ means doing that which the promise was under no prior legal obligation to do. a. Bargained-for exchange b. Legal detriment c. Bilateral d. illusory

b. Legal detriment

Moe is Larry's attorney. Larry is a high school dropout with a tenth-grade education and no job. Moe graduated from an elite law school and is a highly-skilled attorney. Larry recently inherited a substantial amount of money from his mother. Rather than continue to utilize his late mother's financial management company (Golden Wealth), Moe successfully persuades Larry--after hours of closed door meetings and very high-level talks about the stock market, tax law, and legal jargon--to move his money from Golden Wealth and enter into a 10-year management agreement with Stooge Wealth Management, which is owned by Moe's best friend Curly. If Larry seeks to later void his agreement with Stooge Wealth Management, what would be his winning argument? a. Larry experienced unilateral mistake. b. Moe exerted undue influence on Larry to switch from Golden Wealth to Stooge Wealth. c. Larry was under duress to enter into an agreement with Stooge Wealth Management. d. Moe and Larry experienced mutual mistake.

b. Moe exerted undue influence on Larry to switch from Golden Wealth to Stooge Wealth.

Daniel is a self-made millionaire, but he has been medically committed to a mental health facility. A court also ordered Daniel's sister, Michelle, to preside over Daniel's business affairs. Once inside the mental health facility, Daniel befriends his nurse, Amanda. One day, Amanda tells Daniel about her invention to help identify stray dogs and cats. Daniel was so impressed by Amanda's invention that he offers to buy it for $500,000. Amanda accepts Daniel's offer. Did Daniel and Amanda form a contract? a. Yes, because Daniel offered to buy Amanda's invention, and Amanda accepts the offer. b. No, because Daniel lacks the capacity to contract. c. No, because the agreement lacks consideration. d. Yes, because the contract is perfectly legal.

b. No, because Daniel lacks the capacity to contract.

Mary induces James to enter into a contract. James subsequently discovers that Mary intentionally misrepresented the terms of their contract. Upon this discovery, James tells Mary that he will not perform his promise under the contract. If Mary sues James for breach of contract, will Mary win? a. No, because the contract was not in writing. b. No, because Mary induced James into the contract by fraudulent misrepresentations, which makes the contract voidable. c. Yes, so long as consideration exists. d. Yes, because Mary and James have a valid agreement.

b. No, because Mary induced James into the contract by fraudulent misrepresentations, which makes the contract voidable.

Amy is Tina's sister and executor of Tina's will. In administering Tina's estate, Amy recognizes that Tina's estate will not have enough funds to pay all of Tina's debts. Amy orally promises to pay Seth, one of Tina's creditors, that she will personally pay all of Tina's debts in full. Is such a promise enforceable? a. None of these answers are correct. b. No, such promises of an executor of a decedent's will falls under the statute of frauds. c. Yes, because Seth is one of Tina's creditors and deserves to be rightfully paid. d. Yes, unless Tina promised to pay Seth before her death.

b. No, such promises of an executor of a decedent's will falls under the statute of frauds.

Jose offers to sell George his iPad 3 for $150 and explains that George has five days to accept. After three days, Jose accidentally drops his iPad 3 from his third-floor apartment balcony, shattering it into tiny pieces. On the fourth day, George, who does not know that the iPad was shattered, notifies Jose that he accepts the offer. Do Jose and George have a valid contract? a. Yes, so long as the mirror rule is fulfilled. b. No, the destruction of the iPad terminated Jose's offer. c. Yes, an offer was made and George accepted it. d. No, because the offer and acceptance were not in writing.

b. No, the destruction of the iPad terminated Jose's offer.

Seller agrees to sell land to Buyer for $50,000. After Buyer makes a payment of $25,000 to Seller, Seller wrongfully refuses to transfer title. If Buyer sues Seller for breach of contract and the court awards buyer $25,000, what does this figure represent? a. Foreseeability. b. Restitution. c. Injunction. d. Specific Performance.

b. Restitution.

Seller orally agrees to sell land to Buyer for $50,000. Buyer pays three monthly installments of $10,000 to Seller before Seller repudiates the oral contract, and argues that the contract is unenforceable under the statute of frauds. What remedy, if any, is buyer entitled to against Seller? a. None, the statute of frauds controls, and Buyer loses $30,000. b. Restitution. c. Injunction. d. Specific performance of the land.

b. Restitution.

Sam emailed Bob offering to sell him his 1970 Corvette for $7,000 and also said that he would give Bob two weeks to accept Sam's offer before he started advertising the Corvette for sale. One week later, Bob learns that Sam has sold his 1970 Corvette to Terry. Which of the following statements about the offer is correct? a. Sam's offer to Bob is a firm offer; and he must get his car back from Terry and sell it to Bob for $7,000 if Bob accepts his offer within the two weeks. b. Sam's action of selling the car to Terry is a revocation of his offer to Bob. c. Sam's offer to Bob is not a firm offer, but he cannot sell the car to Terry until the two weeks are up. d. Terry will not have to sell the car to Bob for $7,000 if Bob wants the car if Terry paid $9,000 for the car.

b. Sam's action of selling the car to Terry is a revocation of his offer to Bob.

Buyer and Seller have entered into a contract for the sale of several goods worth hundreds of thousands of dollars. In the contract, seller includes an "as is" warranty clause that is in extremely small print and inconspicuous. If the court finds this clause procedural unconscionable, what would be the reason? a. Such a clause is oppressive. b. Seller obscured this warranty clause. c. Such a clause is grossly unfair because it takes away any legal defenses that Buyer has. d. None of these answers are correct.

b. Seller obscured this warranty clause.

__________ is performance that, though incomplete, does not defeat the purpose of the contract a. Material breach b. Substantial performance c. Perfect tender rule d. Impossibility of performance doctrine

b. Substantial performance

The mirror image rule relates to which required element of a contract? a. The offer. b. The acceptance. c. Both the offer and the acceptance. d. Only to acceptances in contracts subject to UCC.

b. The acceptance.

__________ means contrary to the dictates of the conscience; unscrupulous or unprincipled; exceeding that which is reasonable or customary; inordinate, unjustifiable. a. Usury b. Unconscionable c. Exculpatory d. Illusory

b. Unconscionable

Another name for a quasi contract is: a. promissory estoppels. b. an implied in fact contract. c. an implied in law contract. d. an unenforceable contract.

c. an implied in law contract.

Billy freely agrees to sell Roger a painting for $100. Billy thinks the painting is ugly and a piece of junk. Neither Billy nor Roger are art aficionados or knowledgeable about art. After the sale is made, however, Billy discovers that the painting is worth $10,000. If Billy tries to void his agreement for lack of consideration with Roger and loses, what would be the best reason under these facts? a. Billy was under no duress at the time of the sale. b. The consideration, although disproportionate, is nevertheless adequate because he was done freely. c. Billy made a unilateral mistake. d. None of these are correct.

b. The consideration, although disproportionate, is nevertheless adequate because he was done freely.

What order did the court enter in the case of Madison Square Garden Corp., Ill. v. Carnera? a. The injured party's damages may not be reduced by mitigation for his failure to accept or seek other employment of a different or inferior kind. b. The court entered an injunction to enforce an agreement to perform exclusive services that are unusual and extraordinary and damages were not adequate to compensate for the loss. c. The services contracted for were unusual or extraordinary, so the injured party could not obtain injunctive relief. d. The damages in the case were recoverable only if they were foreseeable at the time of entering into the contract.

b. The court entered an injunction to enforce an agreement to perform exclusive services that are unusual and extraordinary and damages were not adequate to compensate for the loss.

The court, in ruling on Dunnam v. Burns,applied what reasoning to the matter? a. The court reviewed the contract and found that Dunnam drafted the document. b. The court reasoned that a document that contains an absolute obligation to repay a loan together with interest in excess of the allowed amount is usurious on its face. c. The court observed that Dunnam's default on the loan waived any objection to the usurious interest rate. d. The court noted that agreements to pay a set amount, rather than an interest rate, are per se usurious.

b. The court reasoned that a document that contains an absolute obligation to repay a loan together with interest in excess of the allowed amount is usurious on its face.

When the court ruled on Alcoa Concrete & Masonry v. Stalker Bros. what law did the court use for its ruling? a. The court determined whether Alcoa had a construction lien on the property involved in the jobs assigned by Stalker. b. The court reviewed the matter under the case law and statutes in the state on enforcement of the contracts of unlicensed contractors. c. The court based the ruling on the law of contractual interpretation. d. The court examined the matter under the laws of unjust enrichment.

b. The court reviewed the matter under the case law and statutes in the state on enforcement of the contracts of unlicensed contractors.

Which of the following would be material to the sale of a racehorse? a. The horse's coloring is chestnut. b. The horse's running time in the last race was the fastest in the circuit. c. The horse was ridden by Josh Jockey in the last race. d. All of these are correct.

b. The horse's running time in the last race was the fastest in the circuit.

Which of the following contracts is covered by Article 2 of the Uniform Commercial Code? a. The sale of a building. b. The sale of new furniture. c. An agreement to have the sidewalk shoveled. d. A sale of stock in ABC, Inc.

b. The sale of new furniture.

Sam agrees to sell Gina a BMW automobile, both believe to be inoperable, purely for parts. The contract price is $500. Prior to the delivery of the BMW, Sam discovers that the car was simply out of fuel, runs like a dream, and refuses to deliver the automobile to Gina. The value of the operable BMW is now at $3,000. if the court allows Sam to rescind the contract, what would be the reason? a. This is a case of unilateral mistake on Sam's part. b. This is a case of material mistake by both parties. c. Sam was under duress. d. All of these are correct.

b. This is a case of material mistake by both parties.

On his 17th birthday, David makes a contract to purchase a moped. In a state in which the age of majority is 18, which of the following actions would be a ratification of the contract? a. One week before his 18th birthday, David telephones the seller and says, "I intend to keep my promise to you in our contract." b. Three days after his 18th birthday, David telephones the seller and says, "I intend to keep my promise to you in our contract." c. Before his birthday David behaves as though he intends to be bound by the contract, but two days after his 18th birthday, he calls the seller and says, "The deal's off." d. None of these answers are correct.

b. Three days after his 18th birthday, David telephones the seller and says, "I intend to keep my promise to you in our contract."

Marilyn sells her highly successful travel agency to Adelle. In the sales contract, Marilyn agrees never to open a travel agency in the state. Which of the following best describes this contract clause? a. Binding as fair protection. b. Unenforceable as a violation of public policy. c. Valid as a reasonable restraint on trade. d. Void as an illegal violation of a statute.

b. Unenforceable as a violation of public policy.

The court in Anderson v. McOskar Enterprises, Inc .ruled on which of the following issues? a. Whether the injury Anderson suffered stemmed from a pre-existing medical condition. b. Whether the exculpatory clause in the Curves contract released the club from liability for negligence. c. Whether Anderson was contributorily negligent in her operation of the Curves equipment. d. Whether Anderson had a medical release from her doctor to use the equipment at Curves.

b. Whether the exculpatory clause in the Curves contract released the club from liability for negligence.

Maggie owns a valuable show dog, which she knows is suffering from a disease only discoverable by a competent veterinarian. Maggie offers to sell this show dog to Naomi but does not inform her about the dog's condition. Naomi, who is not a veterinarian, makes a reasonable examination of the dog and concludes that the dog is in normal condition and purchases it from Maggie. If Naomi later discovers that the show dog suffers from the disease, can he have the sale set aside? a. None of these answers are correct. b. Yes, because the dog has a hidden defect that would not be discovered in an ordinary examination and Maggie failed to disclose it. c. No, because Naomi should have conducted a more rigorous examination of the dog. d. No, because Maggie and Noami already agreed to the sale.

b. Yes, because the dog has a hidden defect that would not be discovered in an ordinary examination and Maggie failed to disclose it.

On March 1, Jimmy, a student, received a telephone call from Peterson, Inc. offering him a job for one year beginning on May 15, after completion of the school year. According to the personnel manager, he will have to move to Texas and be ready to start work at 9:00 a.m. on May 15. Should Jimmy ask for a letter confirming the telephone conversation if he accepts the offer immediately? a. Yes, because the job offer is covered by the parol evidence rule. b. Yes, because the job offer is for longer than one year from March 1. c. Yes, because the job offer is a collateral promise. d. No, because the job offer is for one year from May 15.

b. Yes, because the job offer is for longer than one year from March 1

The Acme Corporation contracts with the ToysandMoretoys Corporation to sell to ToysandMoretoys its entire production. After signing the agreement, if Acme increases its production from one shift to two shifts will ToysandMoretoys have to buy all of the doubled production? a. Yes, they take the risk that Acme will increase production. b. Yes, they are lucky to get the chance to handle the product exclusively. c. No, there are good faith limitations on output contracts. d. No, ToysandMoretoys always has the right to limit how much they buy.

b. Yes, they are lucky to get the chance to handle the product exclusively.

The fact that no time is specified in the contract means that: a. the contract is unenforceable. b. a reasonable time for performance will be implied. c. time shall be of the essence. d. the time for performance will be ignored by the courts

b. a reasonable time for performance will be implied.

According to general (common) contract law, the __________ must be the __________ of the offer. a. counteroffer; acceptance b. acceptance; mirror image c. acceptance; consideration d. contract; revocation

b. acceptance; mirror image

Examples of an enforceable oral contract is/are: a. an oral promise by an executor to guarantee payment of a decedent's debt. b. an oral agreement to substitute the place of closing a land contract. c. an oral agreement to extend an employee's contract for six months to a total of two years. d. All of these are correct.

b. an oral agreement to substitute the place of closing a land contract.

On September 15th, Annie and Bertha enter into a contract where both parties are obligated to perform on December 31. On December 1, Annie tells Bertha, "Performing the contract would be impossible for me." This statement is: a. a material alteration. b. anticipatory repudiation. c. a nonmaterial breach since the statement is made before December 31. d. an accord.

b. anticipatory repudiation.

To be effective, an offer must: a. be in a specified format. b. be communicated to the offeree c. always contain the price of a product or service offered. d. be spoken directly to the offeree.

b. be communicated to the offeree

The type of substance ingestion that could lead a court to find one lacking in capacity is: a. the person is a chronic alcoholic. b. because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences. c. the person is a drug addict. d. All of these are correct.

b. because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences.

A __________ is an event that terminates an existing duty. a. condition precedent b. condition subsequent c. concurrent condition d. None of these are correct.

b. condition subsequent

Compensatory damages are designed to place the injured party in a position as good as the one he would have been in had the other party performed, and are known as: a. mitigation damages. b. consequential damages. c. punitive damages. d. All of these are correct

b. consequential damages.

A given agreement may not violate any statute but may still be so offensive to society that courts feel that enforcing the contract would be: a. fraudulent. b. contrary to public policy. c. illegal lobbying. d. unfair to merchants.

b. contrary to public policy.

A minor may avoid or __________ a contract by any expression of an intention to repudiate the contract. a. ratify b. disaffirm c. incapacitate d. restitute

b. disaffirm

The fact that the consideration turns out to be disappointing __________ the binding character of the contract. a. does affect b. does not affect c. sometimes affects d. None of these are correct.

b. does not affect

A person should not be held to an agreement he has not entered voluntarily. Accordingly, the law will not enforce any contract induced by: a. puffery. b. duress. c. mistake. d. All of these are correct.

b. duress.

Vince has lost his job and is having difficulty making ends meet. Last week, the bank repossessed Vince's car. He is telling his neighbor Paul about his bad luck and Paul says he wishes he could help Vince. Paul suggests that maybe Vince could have the old car sitting in Paul's garage if Vince could get it to run. He ends the conversation by saying "Let me think about it." The next day while Paul is at work, Vince goes into Paul's garage and begins working on the old car. He gets it running and drives it out of Paul's garage and into Vince's driveway. When Paul gets home from work, Vince shows Paul the car and asks him for the title to the car. Paul tells Vince he had not made up his mind about whether or not he would give Vince the car. Vince: a. has no claim to the car because he did not have a written agreement with Paul. b. has no claim to the car because Paul did not make a promise. c. has no claim to the car because Vince's financial problems made him incapacitated. d. can collect reasonable value for the work he did on Paul's car under the doctrine of quasi-contract.

b. has no claim to the car because Paul did not make a promise.

Jose is a race car driver and contracted with Peter to race Peter's car in an upcoming car race. The night before the race, Peter's car caught fire, was severely charred, and was inoperable. What concept would allow Jose to be excused from performing under the contract? a. novation. b. impossibility. c. satisfaction. d. accord.

b. impossibility.

A court of equity, at its discretion, may grant a(n) __________ to command the other party to refrain from doing a specific act. a. restitution. b. injunction. c. specific performance. d. All of these are correct.

b. injunction.

Alfie enters into a contract to give Ezra the right of first refusal on a tract of land owned by Alfie. Alfie subsequently offers the land to Frank without first offering it to Ezra. An appropriate remedy for Ezra to seek would be: a. liquidated damages. b. injunction. c. punitive damages. d. reformation.

b. injunction.

Every adult is presumed to have capacity unless: a. they cannot read and write. b. it is proven that capacity is lacking or there is status incapacity. c. they understand the full legal meaning of the contract being made. d. there was a clause of the contract they did not understand.

b. it is proven that capacity is lacking or there is status incapacity.

A person is not entitled to relief from fraud, unless she can show that she: a. was unduly influenced. b. justifiably relied on the misrepresentation. c. was physically forced to comply. d. All of these are correct.

b. justifiably relied on the misrepresentation.

The parties may stipulate in their contract that a certain amount of __________ should be paid in case of a breach. a. nominal damages b. liquidated damages c. mitigated damages d. breach

b. liquidated damages

An offer for the sale of goods under the UCC: a. must include a price. b. must include the quantity. c. must be made by a merchant. d. must include the time and place of delivery.

b. must include the quantity.

As an exception to the rule on courts inquiring as to the adequacy of the consideration, a court will take evidence to establish: a. one party clearly has the better of the deal. b. one party claims to have been defrauded. c. one party has more business experience than the other. d. one party shows a much lower price nationally-advertised on television.

b. one party claims to have been defrauded.

Joe takes his car into the repair shop to have his tires realigned. While he is waiting for his car, he sees the repairmen take his car to the area where they change the car's oil. Joe tries to get their attention but cannot because he is not allowed in the repair area and there is too much noise in there for the repairmen to hear him knocking on the window. The car is then taken to the area where the tires are realigned. Joe watches while the tires are realigned. The employees next take Joe's car to be washed. Joe asks another customer in the waiting room if the car wash is complimentary (free). The customer points to the sign above the counter listing prices for services, including the car wash. Joe does not bother trying to get the attention of the repairmen because he was not successful before, but he does approach the cashier who has just returned from break. Joe tells the cashier he did not want the car washed. The cashier tells him it is too late because the car is already being washed. When Joe is presented with the bill, there is a charge for the oil change, the realignment, and the car wash. If challenged in court, the court will most likely require Joe to pay for: a. the entire bill (oil change, realignment, and the car wash) because he had a contract with the repair shop for all three items. b. only the realignment because that is all he contracted for. c. the realignment because that is what he contracted for and the car wash under the doctrine of quasi contract because he spent too much time talking to the customer before he told the cashier he didn't want the car washed. d. the entire bill (oil change, realignment, and the car wash) under the doctrine of quasi contract because Joe saw all of the work being done and was unable to stop it.

b. only the realignment because that is all he contracted for.

When the parties express their contract in a writing that is intended to be the complete and final expression of their rights and duties, the __________ excludes prior oral or written negotiations or agreements of the parties? a. promissory estoppel rule b. parol evidence rule c. statute of frauds d. the possibility test

b. parol evidence rule

A(n) __________ is a measure designed to raise money by requiring the purchase of a license. a. exculpatory clause b. revenue license c. regulatory license d. usury statute

b. revenue license

Leo owes Nora $1,000 and they both agree that Leo will mow the grass of Nora's 10-acre field in satisfaction of the debt. Leo's performance of mowing the grass is: a. novation. b. satisfaction. c. accord. d. none of these answers are correct.

b. satisfaction.

Fred operates a fledgling remodeling business and is in desperate need of a certain type of drywall. He obtains the material from Megaworks, but is charged a grossly unreasonable price and is forced to buy other material he does not need. In view of the buyer's unequal bargaining power and unreasonable terms of the contract, this may be a case of: a. discrimination. b. substantive unconscionability. c. supervening illegality d. restraint of trade.

b. substantive unconscionability.

Baxter, a plumber, wants to submit a bid on a city sewer project. He computes the cost, but mistakenly omits the cost of one item. Accordingly, he submits a bid of $430,000 to the city. The next highest bid is $675,000, and the rest of the bids are even higher. The city is happy to have such a low bid, so it accepts Baxter's bid and awards him the contract for the job, even though the city engineer is of the opinion the job cannot be done for less than $650,000. In this case: a. Baxter must perform for the agreed upon price, because he has made a unilateral mistake. b. the city was aware of Baxter's mistake. When it accepted the bid, with knowledge of Baxter's mistake, the city sought to take an unconscionable advantage of Baxter's error. c. there is a case of mutual mistake. d. All of these are correct.

b. the city was aware of Baxter's mistake. When it accepted the bid, with knowledge of Baxter's mistake, the city sought to take an unconscionable advantage of Baxter's error.

Francisco is a concert violinist who is scheduled to perform at the Kennedy Center for the first time. He buys what he is told is a Stradivarius violin from a well-known, reputable dealer in quality violins, and he pays the going rate for a Stradivarius. He later learns the violin is an imitation, sold by the dealer who was trying to make quick money. In this case: a. Francisco has made a unilateral mistake and cannot avoid the contract. b. the dealer has committed fraud in the inducement. c. the sale is voidable by the seller for mutual mistake. d. the sale may be rescinded, because the dealer has made a nonfraudulent misrepresentation.

b. the dealer has committed fraud in the inducement.

In the case of Michael Silvestri v. Optus Software, Inc., the court held: a. the employee won as an objective standard is typically applied to satisfaction clauses in employment contracts. b. the employer won as he was allowed to conclude that the employee's efforts were unsatisfactory; a subjective standard is typically applied to satisfaction clauses in employment contracts. c. the employee won as idiosyncratic judgments as to what constitutes satisfactory employee performance are inherently unfair and should not be allowed. d. the employer won because an objective standard must be used in determining what is satisfactory performance in any "satisfaction" contracts.

b. the employer won as he was allowed to conclude that the employee's efforts were unsatisfactory; a subjective standard is typically applied to satisfaction clauses in employment contracts.

Joe takes his car into the repair shop to have his tires realigned. While he is waiting for his car, he sees the repairmen take his car to the area where they change the car's oil. Joe says nothing as he is hoping he can get a free oil change. Joe watches while the oil in his car is changed. The car is then taken to the area where the tires are realigned. Joe watches while the tires are realigned. The employees next take Joe's car to be washed. Joe did not know his car would be washed, but knows that many car repair businesses have a practice of cleaning the cars at no additional cost to the customer after completing the repair work. When Joe is presented with the bill, there is a charge for the oil change, the realignment, and the car wash.If challenged in court, the court is most likely to make Joe pay for: a. the entire bill (oil change, realignment, and the car wash) because he had a contract with the repair shop for all three items. b. the realignment because that is what he contracted for and the oil change under the doctrine of quasi contract. c. only the realignment because that is all he contracted for. d. the entire bill (oil change, realignment, and the car wash) under the doctrine of quasi contract because Joe saw all of the work being done and did nothing to stop it.

b. the realignment because that is what he contracted for and the oil change under the doctrine of quasi contract.

Joe sends for a MBA catalog from State University. According to the catalog, the MBA applications are evaluated on the basis of undergraduate grades, GMAT (the appropriate standardized test) scores, references, and other factors that the University, in its discretion, believes will enhance the standing of the University. Joe has a 3.1 GPA, scores very well on the GMAT, and has excellent references. Based on the criteria listed in the catalog, Joe applies and pays the $100 application fee. His application is rejected. Later he finds out that others with low grades and test scores were accepted based on their family connections with the University. If Joe followed all of the guidelines in the college catalog and paid the required application fee, then according to the court in Steinberg v. Chicago Medical School: a. there is a quasi contract. b. there is a valid contract, but there has been no breach of that contract by the University or by Joe. c. there is a voidable contract. d. there is not a contract.

b. there is a valid contract, but there has been no breach of that contract by the University or by Joe.

When only one party is mistaken as to a fact or facts of the transaction, it is termed: a. negligent misrepresentation. b. unilateral mistake. c. subjective concealment. d. mutual mistake.

b. unilateral mistake.

The customs and __________ or commercial activity to which the contract relates may be used to interpret the terms of a contract. a. course of dealing b. usage of trade c. course of performance d. extrinsic set of evidence

b. usage of trade

Bill faxes Harry an offer at 9 a.m. on Monday and the fax arrives at Harry's office at 9:02 a.m. Monday. Because Harry is taking a vacation day on Monday, he does not read the fax until Tuesday at noon. Harry decides to accept Bill's offer and tells his assistant at 3 p.m. Tuesday to prepare an acceptance for his signature. The acceptance is placed on Harry's desk at 4:45 p.m. Tuesday. Harry signs the acceptance and gives it to his assistant to fax back to Bill at 9 a.m. Wednesday. The assistant does so immediately; however, due to malfunctioning of Bill's fax machine, Bill does not receive Harry's acceptance until Friday morning. The offer is effective at __________ and the acceptance is effective at __________. a. Tuesday noon; 9 a.m. Wednesday b. Tuesday noon; Friday morning c. 9:02 Monday; approximately 9 a.m. Wednesday d. 9 a.m. Monday; 3 p.m. Tuesday

c. 9:02 Monday; approximately 9 a.m. Wednesday

In Dahan v. Weiss, what did the court hold was insufficient to establish a complete agreement in this case? a. A failure to establish the sale of goods. b. A failure to show a writing. c. A failure between the parties to express their full intentions of the agreement. d. A failure to establish a signature.

c. A failure between the parties to express their full intentions of the agreement.

Which of the following is not a collateral promise? a. A mother tells the gas station to extend $1,000 worth of credit to her son over the school year and says, "If he doesn't pay, I will." b. Brett promises Denny's bank that if Denny cannot pay his bills, Brett will. c. A father tells Best Computer to deliver a laptop to his son and says, "Send me the bill. I'll pay for it." d. All of these are correct.

c. A father tells Best Computer to deliver a laptop to his son and says, "Send me the bill. I'll pay for it."

Which of the following is NOT always necessary in order for a valid contract to be formed? a. Mutual assent b. Legality of purpose c. A writing d. Consideration

c. A writing

Which of the following is required in order to recover in quasi contract? a. An implied or express promise b. A valid contract c. Acceptance or retention of a benefit conferred on the defendant by the plaintiff d. A voidable contract

c. Acceptance or retention of a benefit conferred on the defendant by the plaintiff

All of the following will serve as adequate consideration except? a. Forbearance to do an act. b. Performance of services. c. An illusory promise. d. A promise to perform.

c. An illusory promise.

Which of the following offers cannot be revoked? a. An offer to pay the high school student next door if he takes in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is prior to leaving for vacation. b. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before any mail has been delivered. c. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before your return from vacation but after he has collected your mail for all the days that you have been on vacation up until the revocation. d. None of these are correct.

c. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before your return from vacation but after he has collected your mail for all the days that you have been on vacation up until the revocation.

A convenience store robbery has occurred. The merchant's association has offered a $2,000 reward for information leading to the arrest and conviction of the robber. Several people are claiming they are entitled to the money. Which of the following people would not be eligible for the reward? a. A customer of the store. b. An off-duty game warden from a county other than the one where the arrest occurred. c. An on-duty sheriff's deputy in the county where the arrest occurred. d. All of these individuals would be eligible.

c. An on-duty sheriff's deputy in the county where the arrest occurred.

Carlos orally agrees to sell his house to Andy for $50,000. Can Andy enforce this agreement in court? a. Carlos can enforce the sale of the land against Andy, but Andy cannot enforce the contract. b. Carlos must sell the real estate to Andy because of Andy's right to specific performance applicable to sales of real estate. c. Andy cannot enforce the agreement without a written contract signed by Carlos. d. Andy can enforce the agreement to sell the house because they did not use a realtor.

c. Andy cannot enforce the agreement without a written contract signed by Carlos.

__________ is what each party to a contract gives up to the other in making their agreement. a. Contract under seal b. Promissory estoppel c. Consideration d. None of these are correct.

c. Consideration

Which of the following will terminate an offer? a. Rejection by the offeror. b. Subsequent illegality of the purpose but not of the subject matter of the offer. c. Destruction of the subject matter of the offer. d. Death of the offeree but not of the offeror.

c. Destruction of the subject matter of the offer.

__________ is an unenforceable promise under the law of contract because of a lack of consideration. a. Fraud b. Mutual mistake c. Gift d. Justifiable reliance

c. Gift

When might a contract might be unenforceable? a. If the purpose of the contract was to commit a tort. b. If one party has not yet performed, but the other party has fully performed. c. If the statute of limitations has passed. d. If the parties could not reach an agreement.

c. If the statute of limitations has passed.

Carl agrees to build a hotel for Jerry by December 1. Both parties agree that if Carl fails to meet his December 1 deadline, he would be obligated to pay $10,000 per day in damages beginning December 2 for each day it takes to finish the hotel past the December 1 deadline. The $10,000 per day damages represent: a. Specific Performance b. Restitution. c. Liquidated Damages. d. Punitive Damages

c. Liquidated Damages.

Mike, a 75-year-old mechanic, returned Carrie her car after fixing the brakes. Mike told Carrie: "I put some new brakes on her—she should brake with complete ease!" When Carrie drives away, she cannot stop her car and crashes into a dumpster. It is later discovered that Mike failed to reconnect one of the brake lines. There is no indication that Mike knew that he failed to reconnect the brake line. If Carrie sues Mike for fraud, and the court sides with Mike, what would be the court's reason? a. Mike's statement was not a fact. b. Mike was puffing. c. Mike lacked scienter because he did not make the statement with the intent to deceive. d. Carrie did not experience duress.

c. Mike lacked scienter because he did not make the statement with the intent to deceive.

Ned's father orally promises to give him a car for his twenty-first birthday. Using the rule in most states, can Ned legally enforce this promise? a. Yes, Ned can sue his father based on the promise. b. Yes, Ned can sue his promise based on the statute of frauds. c. No, a gratuitous (or gift) promise is unenforceable. d. No, Ned should have gotten the promise in writing.

c. No, a gratuitous (or gift) promise is unenforceable.

Sherry owns an apartment building. Sherry and Robert agree in writing that Robert will rent one of Sybil's apartments, beginning immediately, for a period of one year. Outside of the written contract, Sherry orally promised Robert that the apartment would have wooden floors and not carpet. Shortly after moving in, Robert discovers that only the front entrance to the apartment has wooden floors, and the remainder of the apartment contains carpet. If Robert seeks to void the rental agreement with Sherry on the grounds that Sherry committed misrepresentation by telling him that the entire apartment had wooden floors. If Sherry invokes the parol evidence rule, will she be successful? a. Yes, the rental agreement was in writing and no parol evidence regarding wooden floors may be admitted. b. Yes, Robert should have requested the wooden floors in writing. c. No, because Robert is alleging misrepresentation. d. None of these answers are correct.

c. No, because Robert is alleging misrepresentation.

When a minor's guardian furnishes her with an adequate wardrobe would a new hoodie be a necessary (in the majority of states)? a. Yes, the hoodie is a necessary because it is clothing. b. Yes, it is a necessary if the minor decides she needs it. c. No, necessaries are items not provided by the guardian. d. No, the minor is not stuck with clothing of the guardian's choice.

c. No, necessaries are items not provided by the guardian.

__________ damages are ordered in excess of actual loss and are imposed for the purpose of punishing the defendant. a. Nominal b. Consequential c. Punitive d. Compensatory

c. Punitive

Ryan, a 15-year-old, negligently crashed into Crystal's car and caused extensive damage and severely injured Crystal. Which statement is correct? (p. 7) a. Ryan can disaffirm liability for the damage to Crystal's car and resulting damages because he is a minor. b. Ryan can disaffirm liability for the damage to Crystal's car and resulting damages unless he has automobile liability insurance. c. Ryan cannot disaffirm liability for his negligence. d. Ryan can disaffirm liability for the damage to Crystal's car and resulting damages unless he was intoxicated.

c. Ryan cannot disaffirm liability for his negligence.

Salvador and Jose make a contract for Salvador to manufacture five custom saddles of a specified design. Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault. The saddles are available from other sources. In this case: a. Salvador must supply the saddles, even if he must buy them elsewhere. b. Salvador has materially breached the contract if he fails to deliver the saddles. c. Salvador's duty to deliver the saddles is discharged by the destruction of the factory. d. All of these are correct.

c. Salvador's duty to deliver the saddles is discharged by the destruction of the factory.

Sam emailed Bob offering to sell him his 1970 Corvette for $7,000. Later, Sam finds out 1970 Corvettes which are in excellent condition and have all the original parts sell for closer to $57,000. He changes his mind about selling his Corvette to Sam for $7,000. Which of the following statements about the offer is correct? a. Sam cannot revoke his offer to Bob because he made it via email and email is considered a writing. b. Sam can reject his offer to Bob at any time so long as there is still an offer to reject. c. Sam can revoke his offer to Bob at any time so long as there is still an offer to revoke. d. Sam cannot revoke his offer to Bob if Sam sells cars because then his offer is a firm offer.

c. Sam can revoke his offer to Bob at any time so long as there is still an offer to revoke.

Sean and John are business associates. At dinner, Sean has only one beer over the course of three hours. Sean is a light drinker and normally feels severely intoxicated after three beers. At the end of dinner, Sean and John enter into a multi-year agreement worth potentially millions of dollars. Later, if Sean attempts to void the contract on the basis of intoxication and loses, what would be the reason for it? a. Sean was without reason or understand when entering into the contract. b. Sean's intoxication was unable to understand the nature and consequences of his actions. c. Sean's slight intoxication did not destroy his capacity to contract. d. Intoxication is insufficient to void a contract.

c. Sean's slight intoxication did not destroy his capacity to contract.

What is the effect of slight intoxication on the capacity of a person to enter into a contract? a. If an intoxicated person is unable to understand the nature and consequences of his act, then the contract is voidable. b. The effect of intoxication is generally the same as that given to contracts that are voidable because of incompetency. c. Slight intoxication will not destroy one's contractual capacity. d. To make a contract voidable, a person need not be so drunk that he is totally without reason or understanding.

c. Slight intoxication will not destroy one's contractual capacity.

__________ is a set of oppressive or grossly unfair contract terms or exclusions. a. Procedural unconscionability b. An exculpatory clause c. Substantive unconscionability d. Tortious conduct

c. Substantive unconscionability

Buyer and Seller have entered into a contract for the sale of several goods worth hundreds of thousands of dollars. In the contract, which was prepared by Seller, Seller included a clause that stated conspicuously "If Seller sues Buyer for any and all claims related to this contract, Buyer hereby waives all available defenses in law and equity." If the court finds this clause substantively unconscionable, what would be the reason? a. This was unfair negotiation process. b. Seller obscured this waiver clause. c. Such a clause is grossly unfair because it takes away any legal defenses that Buyer has. d. None of the answers are correct.

c. Such a clause is grossly unfair because it takes away any legal defenses that Buyer has.

__________ is an offer by one party—who is ready, willing, and able to perform—to the other party to perform his obligation according to the terms of the contract. a. Rendering b. Offering c. Tender d. Presentment

c. Tender

Sergio buys an LED television from The Television Superstore in Sacramento, California. What law governs this transaction? a. Common law. b. Both the common law and the UCC. c. The Uniform Commercial Code (UCC). d. None of these answers are correct.

c. The Uniform Commercial Code (UCC).

Veronica has not been declared incompetent by a court, but she suffers from delusions that a Martian visits her every evening at 6 p.m. to tell her that the future of the human race depended on her buying a tract of land in Lackawanna County. Today, Veronica entered a contract to purchase a large tract of land in Lackawanna County on the Martian's advice. Which of the following statements is true about the contract? a. The contract to purchase the land is valid, because the seller had no knowledge that the Martian suggested the purchase. b. The contract to purchase is void, because it was made on a Martian's advice. c. The contract to purchase the land is voidable, because Veronica has not been adjudicated insane, and possible could still have understood the contract. d. None of these answers are correct.

c. The contract to purchase the land is voidable, because Veronica has not been adjudicated insane, and possible could still have understood the contract.

What is a requirement of an express contract? a. It is written and signed. b. It is based on the conduct of the parties. c. The terms are stated in words. d. It consists of a promise in exchange for an act.

c. The terms are stated in words.

In order to have a valid contract, in addition to the four basic requirements of a contract, which of the following must also occur? a. The consideration that one party is giving the other must be of the same value as the consideration that is being received. b. There must be the sale of goods from one party to another. c. There must be an absence of invalidating conduct, such as duress. d. Both parties must already have performed (done what they promised to do).

c. There must be an absence of invalidating conduct, such as duress.

Juan sold his gas station business in San Antonio, Texas to Fred and promised Fred not to enter the gas station business in Texas for the next twenty-five years. If the court finds this agreement unreasonable and invalid, what grounds would support the court's decision. a. Unreasonable in time only. b. Unreasonable in geography only. c. Unreasonable in both time and geography. d. None of these answers are correct.

c. Unreasonable in both time and geography.

__________ is when money is loaned at a higher rate of interest than the law allows. a. Lotteries b. In pari dilecto c. Usury d. Adhesion

c. Usury

The court in Keser v. Chagnon examined which of the following issues? a. Whether Keser should have insisted that someone cosign the contract with Edsel. b. Whether Keser should have been more careful in documenting Chagnon's age before entering into the contract. c. Whether Chagnon ratified the contract for the purchase of the Edsel by delaying his disaffirmance of the contract. d. Whether Chagnon damaged the Edsel during the course of his possession of the vehicle.

c. Whether Chagnon ratified the contract for the purchase of the Edsel by delaying his disaffirmance of the contract.

In the case of Berardi v. Meadowbrook Mall Company, the court found economic duress, such as that found renders a contract void. Is this statement correct? a. No, the court affirmed the summary judgment. b. Yes, the court ruled that there was economic duress and overturned the lower court's summary judgment. c. Yes, Meadowbrook took unfair advantage of Berardi to collect its debt. d. No, economic duress cannot occur between two people in business.

c. Yes, Meadowbrook took unfair advantage of Berardi to collect its debt.

Andrew owes Rachel $200 for a used television which he bought last year at Rachel's yard sale. When Andrew is unable to pay, the two agree that the debt can be paid by Andrew's typing all of Rachel's term papers for the school year. The new contract is a(n): a. satisfaction. b. civic. c. accord. d. . novation.

c. accord.

Daniel owes Amanda $5,000 and they both agree that Daniel will mow the grass of Amanda's 10-acre field to satisfy Daniel's outstanding balance. The agreement to mow the grass represents: a. novation. b. satisfaction. c. accord. d. none of these answers are correct.

c. accord.

Retail stores typically put advertisements in newspapers describing goods and stating prices. These ads are generally considered to be: a. offers only if they are made by merchants b. offers only if they are not made by merchants. c. invitations to buyers to make an offer to buy the goods described. d. firm offers.

c. invitations to buyers to make an offer to buy the goods described.

Sometimes the law imposes a duty of disclosure. When a fiduciary is silent, silence may constitute fraud. A fiduciary is one who: a. has the same duty of disclosure to the other party to the relationship as one who is not a fiduciary. b. must deal at arm's length with the other party to the relationship. c. is in a confidential relationship who owes a duty of trust and loyalty to another. d. All of these are correct.

c. is in a confidential relationship who owes a duty of trust and loyalty to another.

A __________ is an essential element for a promise or agreement to binding. An agreement without this is unenforceable and contrary to public policy. a. licensing statute b. past consideration c. legal objective d. All of these are correct.

c. legal objective

A commercial building construction company and Sub Shop, Inc. have a contract, which calls for the construction company to build a building with the completion by May 1. If the building is not completed by that date, the contract calls for the construction company to pay $150 per day in damages. The $150 per day is: a. an illegal penalty. b. punitive damages. c. liquidated damages. d. nominal damages.

c. liquidated damages.

When the __________ of the promisor's promise to pay the debt of another is to benefit the promisor, the statute of frauds is not applicable. a. promisory estoppel b. probability c. main purpose d. parol evidence

c. main purpose

Bertha was an alcoholic, and one weekend while she was extremely intoxicated, her son took her to the store and had her purchase an expensive computer. If Bertha wishes to rethink this contract, Bertha: a. may return the computer, but cannot get her money back. b. cannot ratify the contract it is void and without meaning. c. must sober up and ratify the contract as a whole. d. may at any time keep the computer, but doesn't have to pay for it as the store should have known better than to do business with an intoxicated customer.

c. must sober up and ratify the contract as a whole.

A contract based on __________ is not enforceable. a. legal detriment b. legal benefit c. past consideration d. unequal consideration

c. past consideration

In most contracts, discharge takes place by: a. material breach. b. mutual rescission. c. performance. d. impossibility

c. performance.

Patrick held a baseball bat to Eric's head to compel him to sign a contract advantageous to Patrick. This contract was entered under: a. false representation. b. improper threats. c. physical duress. d. undue influence.

c. physical duress.

Once __________ a minor cannot avoid a contract. a. processed b. signed c. ratified d. voidable

c. ratified

At time, a written contract does not correctly state the agreement already made by the parties. When this occurs, either party may seek to have the court correct the writing to state the agreement actually made. This rewriting is known as: a. specific performance. b. injunction. c. reformation. d. rescission.

c. reformation.

When the damages sustained by the plaintiff can be measured in monetary terms, specific performance will be: a. accompany an order for monetary damages. b. ordered. c. refused. d. All of these are correct.

c. refused.

On July 8, 2015, Mural, Inc. entered into a contract with Walls-R-Us Company. Under the contract, Mural, Inc. will provide technical support to Walls-R-Us from August 1, 2015 until August 31, 2018. Under the statute of frauds, this contract: a. does not require a writing because the term of the contract is one year. b. requires a writing because the contract cannot be performed within one year from August 1, 2015. c. requires a writing because the contract cannot be performed within one year from July 8, 2015. d. does not require a writing because the agreement is for services, not goods.

c. requires a writing because the contract cannot be performed within one year from July 8, 2015.

Maxine signs a contract to sell her townhouse to Jackson for $120,000. Two days later Maxine changes her mind after discovering that she could have sold the property to another buyer for an additional $50,000. Jackson sues and asks the court to have the property conveyed to him at the price of $80,000. Jackson is seeking: a. liquidated damages. b. valid tender. c. specific performance. d. punitive damages.

c. specific performance.

Molly signs a contract with a publishing company to edit text manuscripts. This contract is governed by a. federal statute. b. the law of quasi contract. c. state common law. d. Article 2 of the UCC.

c. state common law.

The case,Christy v. Pilkinton, is in the textbook to establish which of the following: a. a breach of contract is material if it is an intentional breach. b. commercial impracticability occurs when performance can only be accomplished under unforeseen and unjust hardship. c. subjective impossibility does not discharge the contractual duty of the party. d. objective impossibility generally discharges the contractual duty of the party.

c. subjective impossibility does not discharge the contractual duty of the party.

For the issue of capacity, a court will examine whether a party to the contract lacked contractual capacity when: a. the time set for performance of the contract. b. the time the value of the bargain becomes clear. c. the time the contract was made. d. the time the plaintiff expresses dissatisfaction with the contract terms.

c. the time the contract was made.

Joe sends for a MBA catalog from State University. According to the catalog, the MBA applications are evaluated on the basis of undergraduate grades, GMAT (the appropriate standardized test) scores, and references. Joe has a 3.1 GPA, scores very well on the GMAT, and has excellent references. Based on the criteria listed in the catalog, Joe applies and pays the $100 application fee. His application is rejected. Later he finds out that others with low grades and test scores were accepted based on their family connections with the University. If Joe followed all of the guidelines in the college catalog and paid the required application fee, then according to the court in Steinberg v. Chicago Medical School: a. there is not a contract. b. there is a voidable contract c. there is a valid contract. d. there is a quasi contract.

c. there is a valid contract.

Pam and Alexander enter into a contract on January 1 of this year. Pam's friend Callie tells Pam, "There is a statute that restricts the period of time within which an action may be brought." Callie's statement is: a. false. b. true because of the law of repudiation. c. true because of statute of limitations. d. true because of covenants not to sue.

c. true because of statute of limitations.

Mabel is 88 years old and under the court ordered legal guardianship of her daughter. One day Mabel receives a telephone call from a health insurance salesman and purchases a $400-a-month Medigap insurance policy. The contract is: a. unconscionable. b. voidable. c. void. d. valid.

c. void.

Alma enters into a contract while drinking a highly intoxicating beverage that causes memory loss. The resultant contract is: a. always unenforceable. b. always enforceable. c. voidable if Alma can establish she was so intoxicated she didn't understand the nature and consequences of her actions and/or was unable to act in a reasonable manner. d. always void.

c. voidable if Alma can establish she was so intoxicated she didn't understand the nature and consequences of her actions and/or was unable to act in a reasonable manner.

In a __________, the parties stipulate that one shall win and the other lose depending on the outcome of an event in which their only interest is the possibility of such gain or loss? a. monopoly b. usury c. wager d. All of these are correct.

c. wager

In the case of Hochster v. De La Tour the court considered the following issue: a. whether De La Tour acted in good faith when he cancelled Hochster's contract. b. whether De La Tour should pay punitive damages for cancelling the contract. c. whether Hochster was allowed to treat the repudiation of the contract by De La Tour as breach of contract and immediately bring suit. d. whether Hochster mitigated the damages in the case by finding replacement work.

c. whether Hochster was allowed to treat the repudiation of the contract by De La Tour as breach of contract and immediately bring suit.

One issue before the court in Arrowhead School District No. 75, Park County, Montana v. Klyap case was: a. whether Klyap made a good decision in changing jobs. b. whether Klyap was constructively discharged from his job for the Arrowhead School District. c. whether a liquidated damages clause in an employment contract was enforceable as a reasonable forecast of the harm caused. d. whether Klyap was acting in good faith.

c. whether a liquidated damages clause in an employment contract was enforceable as a reasonable forecast of the harm caused.

One issue before the court in Neugebauer v. Neugebauer case was: a. whether the actions of Lincoln in arranging the purchase of his mother's land were unconscionable. b. whether Lincoln's actions toward his mother in securing the land contract were fraudulent. c. whether the real estate contract in the case should be rescinded on the grounds of undue influence. d. whether the price for the land was adequate consideration.

c. whether the real estate contract in the case should be rescinded on the grounds of undue influence.

If an offer has no stated time by which it must be accepted, when does the offer terminate? a. Never. b. After one week. c. After one month. d. After a reasonable period of time.

d. After a reasonable period of time.

Jan and Cindy enter into a contract unquestionably governed by the statute of frauds. The only evidence of the agreement is a letter Jan sent to Cindy confirming the deal. Which of the following may be a sufficient "signature" if Jan denies the enforceability of the contract in court? a. Jan's own, handwritten signature. b. Jan's stamped signature. c. Jan's initials. d. All of the above.

d. All of the above.

A minor can avoid a contract to purchase a car if: a. the car has been destroyed. b. the car has been damaged. c. he grows tired of it. d. All of these are correct.

d. All of these are correct.

General contract provisions of a writing must: a. specify the parties to a contract. b. specify the subject matter and essential terms. c. be signed by the party to be charged or his agent. d. All of these are correct.

d. All of these are correct.

Leo tells Nora "I promise to pay you $5,000 next year." Next year, Leo fails to pay Nora and Nora sues. Is Leo's promise enforceable? a. No, this promise is unsupported by consideration. b. No, because Nora is not undertaking anything to her legal detriment. c. No, because Leo's promise is a gratuitous promise made without consideration. d. All of these are correct.

d. All of these are correct.

Parol evidence is admissible to show: a. fraud. b. duress. c. mistake. d. All of these are correct.

d. All of these are correct.

What is the capacity of a person adjudicated incompetent by a court order? a. A merchant might be able to recover the fair value of any necessaries. b. The person's own contracts are void. c. The guardian may be able to ratify contracts made by the ward. d. All of these are correct.

d. All of these are correct.

Which of the following would meet the signature requirement for a writing to satisfy the statute of frauds? a. Initials of both parties. b. An electronic signature. c. A printed name. d. All of these are correct.

d. All of these are correct.

Which of the following, if any, are requisites for fraud in the execution? a. False representation as to the very nature of the contract. b. Signing party does not know the character or essential terms of the contract. c. Renders the transaction void. d. All of these are correct.

d. All of these are correct.

Which of the following offers cannot be revoked? a. Any offer by a merchant under the UCC. b. Any offer that is in writing that promises to leave the offer open for three months or less. c. Any offer that is in writing, signed, and promises to leave the offer open whether it is made by a merchant or not. d. All of these are incorrect.

d. All of these are incorrect.

Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly replies, "OK—I promise to wash your car." This exchange is an example of: a. Promisor's Obligation. b. Unilateral Contract. c. Promissory Estoppel. d. Bilateral Contract.

d. Bilateral Contract.

How do parties usually show mutual assent? a. By one party making an offer and the other party making a counteroffer. b. By one party making an offer in writing and the other party accepting in writing. c. By one party making an oral offer and the other party accepting by performing. d. By one party making an offer in words or by conduct and the other party accepting in words or by conduct.

d. By one party making an offer in words or by conduct and the other party accepting in words or by conduct.

Which of the following is most likely to be classified as a necessary for which a minor will be held liable on a contract? a. A television. b. School supplies. c. Education. d. Food.

d. Food.

__________ is an intentional misrepresentation of material fact by one party to the other, who consents to enter into a contract in justifiable reliance on the misrepresentation. Fraud in the inducement renders the contract __________ by the defrauded party. a. Silence; void b. Fraud by concealment; void c. Fraud in the execution; voidable d. Fraud in the inducement; voidable

d. Fraud in the inducement; voidable

Juliet has wagered $500, which Lance, as her bookie, is holding, on a prize fight. If, before the race starts, Juliet wants to take back her money and withdraw from the transaction: a. Lance can successfully sue for breach. b. Juliet, by law, cannot withdraw from the transaction. c. Lance, by law, cannot withdraw from the transaction. d. Juliet cannot sue to recover any money because the contract to wager is illegal and unenforceable.

d. Juliet cannot sue to recover any money because the contract to wager is illegal and unenforceable.

Sherry owns an apartment building. Sherry and Robert agree that Robert will rent one of Sherry's apartments, beginning immediately, for a period of six months. Under the statute of frauds rule, does this lease need to be in writing to be enforceable? a. Yes, because it involves an interest in land. b. No, because it does not involve an interest in land. c. Yes, because it involves a promise to pay the debt of another. d. No, because it is a short-term lease of less than one year.

d. No, because it is a short-term lease of less than one year.

Alan finds Marcia's dog on the side of the road. He then takes the dog home and treats the dog's injuries. When he calls Marcia to tell her he has found the dog, she promises to reimburse Alan for the cost of treating the dog. Is Marcia's promise binding? a. Yes, because she should be grateful to him. b. Yes, because Marcia promised to pay him. c. No, because Alan is not a health care professional. d. No, because there was no bargained-for exchange.

d. No, because there was no bargained-for exchange.

Andrew received a bill for $500 from Jeff for a tune-up Jeff performed on Andrew's SUV. Andrew called Jeff and told him, "The car runs no better now than before the tune-up. I am sending you $200 and no more." Jeff received the $200 check which was marked "paid in full SUV repair" and cashed it. Is Andrew still liable to Jeff for the remaining $300? a. Yes, Andrew is liable for the full amount of the repair. b. Yes, only a court can order that the amount was unfair. c. No, customers can pay the amount they think is fair. d. No, if the check is marked "paid in full" and references the transaction

d. No, if the check is marked "paid in full" and references the transaction

In the case of Denney v. Reppert,did the court allow the employees of a bank to collect a reward, because they supplied information that led to the arrest and conviction of a man who robbed their bank? a. Yes, the bank wants to encourage other employees to step forward in the future. b. Yes, the reward was offered and they had the information that was needed to identify the robber. c. No, they didn't physically arrest the robber. d. No, the employees were under a pre-existing duty to the bank and to the public.

d. No, the employees were under a pre-existing duty to the bank and to the public.

Which of the following can be consideration for a promise? a. Refraining from assaulting one's roommate. b. Promising to refrain from stealing from the boss. c. Refraining from using a controlled substance. d. Refraining from smoking cigarettes.

d. Refraining from smoking cigarettes.

Wendy is a worldwide recording artist and agrees to play on New Year's Eve at Roscoe's mansion on the beach. Wendy later discovers that Roscoe is a notorious gangster, and refuses to appear at the party as agreed. If Roscoe sues Wendy, what remedy is absolutely not available to Roscoe? a. Consequential Damages b. Incidental Damages c. Nominal Damages d. Specific Performance.

d. Specific Performance.

Because of his winning record at another school Albert signed a contract to coach wrestling for Sigma High for a period of five years. After three years he is offered and accepts an assistant coaching position at Crosstown University. If they sue Albert, Sigma High cannot ask for which remedy? a. Payment of incidental damages. b. Payment of compensatory damages. c. Payment of consequential damages. d. Specific performance of his contract.

d. Specific performance of his contract.

One issue before the court in Kalas v. Cook case was: a. whether this transaction fell under the laws of the UCC. b. whether Kalas should have sold the books to mitigate the amount owed in this case. c. whether $24,599.38 was a reasonable sum of money to charge for the books and pamphlets in question. d. whether an oral contract for sale of specially manufactured goods was sufficient under the UCC.

d. whether an oral contract for sale of specially manufactured goods was sufficient under the UCC.

Sam agrees to sell Gina a BMW automobile, both believe to be inoperable, purely for parts. The contract price is $500. Prior to the delivery of the BMW, Sam discovers that the car was simply out of fuel, runs like a dream, and refuses to deliver the automobile to Gina. The value of the operable BMW is now at $3,000. If the court allows Sam to rescind the contract, what would be the reason? a. All of these are correct. b. This is a case of unilateral mistake on Sam's part. c. Sam was under duress. d. This is a case of material mistake by both parties.

d. This is a case of material mistake by both parties.

Darryl contracted with Right Builders to build an addition to his house for $25,000. After digging the foundation, Darryl decides he wants to have the house done earlier than was originally agreed. Right Builders agree, but say that it will need to charge an additional $5,000 for the job. Assuming Darryl agrees, which of the following is correct? a. Darryl will only have to pay $20,000. b. This is a contract under seal which is enforceable. c. This is the settlement of a disputed debt that requires no additional consideration on the part of Right Builders. d. This is a modification of a preexisting contract, but Right Builders has provided additional consideration since they are expediting the completion of the project.

d. This is a modification of a preexisting contract, but Right Builders has provided additional consideration since they are expediting the completion of the project.

When is there an effective acceptance of an offer to enter into a unilateral contract? a. When the offeree says he probably will do what was asked of him in the offer. b. When the offeree begins to do what was asked of him in the offer. c. When the offeree has substantially but not fully performed what was asked of him in the offer. d. When the offeree has fully performed what was asked of him in the offer.

d. When the offeree has fully performed what was asked of him in the offer.

In DiLorenzo v. Valve and Primer Corporation, the court considered which of the following issues? a. Whether other companies were attempting to hire DiLorenzo away from Valve and Primer. b. Whether Valve & Primer conditioned the alleged stock option on DiLorenzo's promise to remain in its employment. c. Whether the board resolution occurred if only DiLorenzo had documentation of it. d. Whether DiLorenzo supplied consideration in exchange for the stock option.

d. Whether DiLorenzo supplied consideration in exchange for the stock option.

Jayden, a U.S. citizen, contracts with a Canadian life insurance company for $100,000 dollars of coverage. The insurance company sends Jayden an e-mail, which Jayden signs, scans, and returns. Will a court entertain parol evidence on whether the parties intended for the policy to be valued in Canadian dollars or U.S. dollars? a. No, the court will look to the document to determine the parties' intent. b. No, because the parties should have been more specific about the currency issue and are stuck with what they have signed. c. Yes, because of the Foreign Corrupt Practices Act. d. Yes, because the intent of the parties is uncertain.

d. Yes, because the intent of the parties is uncertain.

Ordinarily, courts do not consider the __________ of the consideration given for a promise. a. legality b. assumption of the risk c. modification d. adequacy

d. adequacy

Nila is working hard on Sam's election campaign for the legislature. She thinks that just a few more votes could win the election, so she promises to pay her friend Daphne $50 if she will register and vote for Sam. Daphne does so, but Sam loses the election, and Nila now refuses to pay. This: a. agreement is enforceable. b. is an unconscionable contract covered by the UCC. c. is an agreement to obstruct the administration of justice. d. agreement is unenforceable and opposed to public policy.

d. agreement is unenforceable and opposed to public policy.

One issue before the court in New England Rock Services, Inc. v. Empire Paving, Inc.case was: a. whether the NER did a poor job of bidding the job due to lack of preparation on their part. b. whether the purchase order signed to modify the contract was a sufficient writing under the statute of frauds. c. whether Empire was operating in good faith during the course of the conduct. d. whether the modified agreement between NER and Empire was valid and enforceable as supported by sufficient consideration.

d. whether the modified agreement between NER and Empire was valid and enforceable as supported by sufficient consideration.

Furniture Store runs an ad in the local Sunday newspaper announcing a special sale on a Brandname chairside table. The ad states the price of the table, the dimensions, the SKU#, and what the table is made of. Other parts of the ad indicate the store's location, the hours, and a website where purchases may be made online. Joe goes to the store to purchase the table but sees another very similar table that is not on sale ("the regularly priced table"). He offers to buy the regularly priced table from the store for the sale price of the Brandname table. The store says that it cannot sell it at the sale price, but it can sell it for 10% off the listed price. Joe says that is too much money to spend for the regularly priced table. Joe continues to shop around. Seeing nothing he likes, he decides to buy the regularly priced table for 10% off. When he goes to pay for the table, the store charges him full price. If challenged in court, the court is most likely to: a. find that the store effectively revoked its offer when it charged Joe full price. b. find that the store is contractually obligated to sell the table to Joe at 10% off the regular price because the store made that offer to Joe and Joe accepted the store's offer. c. find that by going into the store to look at the advertised table, Joe accepted the store's offer to sell the Brandname table to Joe for the sale price and, therefore, Joe is contractually obligated to pay for and accept the Brandname table. d. find that the Joe's initial rejection of the store's offer to sell the regularly price table for 10% off effectively terminated that offer; that Joe is now making an offer to purchase the regularly priced table for 10% less than the asking price; and the store is free to accept or reject Joe's offer.

d. find that the Joe's initial rejection of the store's offer to sell the regularly price table for 10% off effectively terminated that offer; that Joe is now making an offer to purchase the regularly priced table for 10% less than the asking price; and the store is free to accept or reject Joe's offer.

The breaching party is not liable for loss that was not __________ at the time of entering into the contract. a. mitigated b. out-of-pocket c. liquidated d. foreseeable

d. foreseeable

Where, after a contract is made, a party's principal purpose is substantially frustrated without his fault by the occurrence of an event whose nonoccurrence was a basic assumption on which the contract was made, his remaining duties can be discharged by: a. commercial impracticability. b. commercial impossibility. c. economic frustration. d. frustration of purpose.

d. frustration of purpose.

In determining the meaning of an ambiguous contract the court will: a. ignore the issue of who drafted the contract. b. treat the parties equally in terms of strict interpretation. c. interpret the contract strictly against the person who failed to draft it. d. interpret the contract strictly against the person who drafted it.

d. interpret the contract strictly against the person who drafted it.

The doctrine of promissory estoppel: a. is a doctrine enforcing contractual promises. b. applies even if the promisor should not have expected the promisee to rely on the promise. c. applies even if the promisee does not rely on the promise. d. is a doctrine that relies on justice and not contractual rights.

d. is a doctrine that relies on justice and not contractual rights.

The amount that could reasonably have been avoided is deducted from the amount that would otherwise be recoverable as damages. This is known as the doctrine of: a. exemplary damages. b. nominal damages. c. damages for consequential loss. d. mitigation of damages.

d. mitigation of damages.

Aaron's boss offers to pay him $500 if he will pretend he is sick so that he does not have to show up for jury duty, but will go to work instead. Aaron knows that this is against the law, but he would rather be paid $500 from his boss than the $30 that the court will pay him for jury duty. Aaron calls in sick and is excused from jury duty. This agreement between Aaron and his boss is: a. a unilateral contract. b. a bilateral contract. c. a quasi contract d. not a contract.

d. not a contract.

A(n) __________ is a substituted contract that involved an agreement among three parties to substitute a new promise for the existing promise or to replace the existing promisor with a new one. a. accord b. mutual rescission c. material alteration d. novation

d. novation

In the Jenkins v. Eckerd Corporation case, the court ruled that: a. parol evidence was admissible even though the lease was clear and complete. b. the lower court should not have ruled that the lease was unambiguous. c. the existence of a merger or integration clause establishes per se that parol evidence will not be allowed. d. parol evidence was not admissible when a lease was an integrated agreement and complete in all essential terms.

d. parol evidence was not admissible when a lease was an integrated agreement and complete in all essential terms.

Any property other than an interest in real property, is/are: a. tangible property. b. intangible property. c. goods. d. personal property.

d. personal property.

An injured party who rescinds a contract after having performed services may recover the reasonable value of the performance rendered as: a. foreseeability. b. certainty. c. mitigation. d. restitution.

d. restitution.

Cinnful Buns, Inc. entered into a contract with Darius under the terms of which Darius would receive $10,000 if he stole the trade secret recipe from the leading competitor of Cinnful Buns. Darius performed his end of the agreement by delivering the recipe. Cinnful Bunns now refuses to pay Darius for his services. Darius has this option, he: a. may recover based upon the express contract of the parties. b. may recover based upon a quasi-contractual theory in order to prevent the unjust enrichment of Cinnful. c. will be able to recover based upon promissory estoppel, because he has detrimentally relied upon the promises made by Cinnful. d. will be unable to recover, because this is an illegal contract.

d. will be unable to recover, because this is an illegal contract.

Wendy is taking a prescribed medication which makes her drowsy and inattentive. If she enters into a contract when she is in that condition, the contract: a. would be unaffected as long as she took the medication exactly as prescribed by her doctor. b. would be void only if the medication impaired her ability to act in a reasonable and rational way. c. would be void. d. would be voidable if, when she makes them, she is unable to comprehend the subject, nature, and consequences of the contracts.

d. would be voidable if, when she makes them, she is unable to comprehend the subject, nature, and consequences of the contracts.

BUL 5810 Exam 3

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