BSAD324 Test 1

Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its market value. This contract is enforceable if, at the time, a.Gretel fraudulently induced Efron to become intoxicated. b.Gretel was also intoxicated. c.Efron understood the legal consequences. d.Efron's intoxication was purely voluntary.

Efron understood the legal consequences.

Todd signs a lease with Audubon Apartments to lease a one-bedroom apartment for the next year for $650 per month. Daisy signs on Audubon Apartment?s s behalf as their agent. Todd and Audubon Apartments have executed a(n): Select one: a.simple contract b.implied contract c.no contract d.express contract

express contract

For a court to determine if a contract has been breached and to give an appropriate remedy, the offer must include terms that are at least a.vaguely uncertain. b.reasonably definite. c.accurately precise. d.unequivocally approximate.

reasonably definite.

Generally, there are few formal requirements to a contract. However, in the state of Louisiana this type of contract must be in writing Select one: a.agreement to rent lawn mowers b.sale of immovable property c.Sale of movable property d.Lease of movable property

sale of immovable property

Jenny promises to pay Kay $500 because "she does not have as much money as other people." Jenny's promise is Select one: a.​not enforceable because Jenny could have paid Kyle more. b.​enforceable because the redistribution of wealth is a valid social goal. c.​enforceable because society wants people to keep their promises. d.​not enforceable because Kay has not given consideration in return.

​not enforceable because Kay has not given consideration in return.

D'Sean promises to pay his personal assistant Edie $50,000 in consideration of the services she provided over the years. D'Sean never makes the payment. D'Sean's promise is Select one: a.​not enforceable because the failure to pay is an unforeseen difficulty. b.​not enforceable because the consideration is in the past. c.​enforceable for the entire $50,000. d.​enforceable to the extent of what Edie's services were actually worth.

​not enforceable because the consideration is in the past.

Adequacy of consideration refers to a.the intangible value to a contracting party of a thing exchanged. b."how much" consideration is given. c.legally sufficient value in the eyes of the law. d.the substantiality of the consideration exchanged.

"how much" consideration is given.

Food Court Inc. leases space to Gourmet Café. Gourmet abandons the premises when the amount of the rent due on the lease is $5,000. Food finds a new tenant, Hasty Bowls, which agrees to pay $3,500 for the space over the remainder of Gourmet's term. Food's measure of damages is a.$1,500, minus any expenses reduced by mitigating the damages. b.$5,000. c.$1,500, plus any additional expenses to find the new tenant. d.$6,500.

$1,500, plus any additional expenses to find the new tenant.

Cow's Milk LLC needs a certain part for its pasteurizing equipment to continue its operations and orders one for $3,000 from Dairy Supplies Inc. Cow's Milk tells Dairy Supplies that it must receive the part by Tuesday or it will lose $10,000. Dairy Supplies ships the part late. Cow's Milk can recover a.$13,000. b.$3,000. c.$10,000. d.$0.

$10,000.

Hera contracts to work exclusively for Island Tours LLC during July for $5,000. On June 30, Island cancels the contract. Hera finds a similar job for the month of July but earns only $3,000. Hera files a suit against Island. As compensatory damages, Hera can recover a.$3,000. b.$2,000. c.$5,000. d.$0.

$2,000.

Car Lot's salesperson Dirk offers to sell Espy, who is twenty years old, a car. Dirk intentionally misrepresents the vehicle's use and repairs. In reliance, Espy buys the car. To prove fraud, Espy does _not_ have to show that a.Espy is under twenty-one. b.Dirk intentionally deceived Espy. c.Dirk misrepresented material facts. d.Espy justifiably relied on Dirk's misrepresentation.

Espy is under twenty-one.

Intoxicated, Hans enters a contract for the sale of ten acres of timberland to Ira for less than its market value. Later, Hans seeks to cancel the deal. In determining whether Hans can avoid his duties under the contract, a court is most likely to look at a.only Hans's intoxicated mental state. b.only factors other than the Hans's intoxicated mental state. c.Hans's intoxicated mental state and other factors. d.none of the choices.

Hans's intoxicated mental state and other factors.

Key promises to pay Liv, his niece, $5,000 if she obtains her degree at Metro College, where she is in her third year. Liv graduates. Key must pay because a.Liv obtained a degree at Metro. b.Liv was already enrolled at Metro. c.a job can be hard to find after college. d.obtaining a degree benefits Liv.

Liv obtained a degree at Metro.

A contract between Max and Nye provides for an "assignment of all rights." Max "assigns the contract" to Olin. Because a court will normally construe this wording as implying both an assignment of rights and a delegation of duties, if Olin fails to perform a.the contract is discharged. b.the contract is void. c.Nye is liable. d.Max is liable.

Max is liable.

Jim offers to buy Mark's used textbook for $60.00. Jim is the Select one: a.Offeror b.Offeree c.Consideration d.Agreement

Offeror

Jana tells Levi she will give him an Xbox if Levi promises to do Jana's chores for a month. Levi promises to do the chores but has not yet begun to do them. Jana and Levi have formed Select one: a.a void contract. b.an unenforceable contract. c.a unilateral contract. d.a bilateral contract.

a bilateral contract.

Ghee agrees to buy Hole's Donut Shop on the express condition that the shop's suppliers extend the same credit terms to Ghee that the suppliers currently extend to Hole. This approval is a.a condition precedent. b.an implied condition. c.a condition subsequent. d.a concurrent condition.

a condition precedent.

Architect LLC enters into a contract with Barn & Silo Inc. to provide designs for a certain number of farm buildings. Architect provides fewer than half of the designs by the time specified in the contract because the firm is busy with other projects. Architect's performance is most likely a.a material breach. b.no breach. c.a reasonable breach. d.a minor breach.

a material breach.

Drain Equipment Inc. contracts to sell its assets to Earth Aquatic Corporation. Before either party has performed, rescission of this contract requires a.an accord and satisfaction. b.a mutual agreement to rescind. c.specific performance. d.a novation.

a mutual agreement to rescind.

Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open in return for a small payment but does not state an exact period of time. With respect to this offer a.a reasonable period of time is implied. b.the deal is done. c.the offer must be held open for an indefinite period. d.the deal is binding except for the promise to hold the offer open.

a reasonable period of time is implied.

Data Inc. offers to provide certain services to Enterprise LLC, but mistakenly transposes some of the digits in the price so that $15,400 appears in the offer as $14,500. Enterprise accepts the written offer. Enterprise's best argument in _favor_ of enforcement of the contract is a.a mistake of value does not afford relief from a contract. b.the price was below the prices of comparable services. c.a unilateral mistake does not afford relief from a contract. d.a bilateral mistake does not afford relief from a contract.

a unilateral mistake does not afford relief from a contract.

Stewart has been eyeing Ben's new watch, as he finds it to be very "clean" looking. He makes an offer to Ben to purchase the watch for $18.00. Ben accepts the offer. In order for this to be a valid contract, it requires Select one: a.neither a valid offer nor a valid acceptance b.a valid acceptance only c.a valid offer only d.a valid offer and a valid acceptance

a valid offer and a valid acceptance

Les, a minor, enters into a contract to buy a dirt bike from Motocross LLC. Les can ordinarily disaffirm the contract a.in a timely manner. b.all of the choices. c.for a reasonable time after coming of age. d.at any time during minority.

all of the choices.

Cloud Storage Inc. promises to pay its employees a year-end bonus "if profits continue to be high and management agrees at the time." This is a.accord and satisfaction. b.an illusory promise. c.past consideration. d.an enforceable contract.

an illusory promise.

Fez makes and sells camping gear. Fez and Gobi enter into a contract for a delivery of the gear to Gobi's Outfitters retail locations for an invoiced price. Fez transfers the right to payment under the contract to Haulers Distribution Inc. This transfer is a.a third party beneficiary contract. b.a delegation. c.prohibited. d.an assignment.

an assignment.

Stephen tells Ben during a phone call that he will buy an old lawn mower from him for $75. Ben agrees. These parties have Select one: a.no contract b.no contract unless money is paid within 24 hours c.an enforceable contract d.no contract unless the terms are reduced to writing

an enforceable contract

Lon says to Misty, "I would like to sell you my sofa." This statement is a.a request, not an offer. b.an ad, not an offer. c.an offer. d.an invitation to negotiate, not an offer.

an invitation to negotiate, not an offer.

A valid contract requires Select one: a.a duration and termination provision. b.specific quality standards. c.a price and a subject. d.an offer and an acceptance.

an offer and an acceptance.

Dino hires Eve to perform at Dino's Club, but Eve later breaches the agreement to accept a higher-paying job at Five Star Arena. Dino files a suit against Eve, asking the court to order her to perform at his club. The court will most likely a.award damages to Dino. b.cancel Dino and Eve's contract. c.rescind Dino and Eve's contract. d.order Eve to perform both contracts.

award damages to Dino.

Bottling Company enters into a contract with Chug's Brewery to provide certain bottling and delivery services. Before Bottling starts to work, the market price rises for the fuel for glass ovens. Bottling tells Chug's that due to the added cost it will not perform their deal. Bottling's contractual obligation to Chug's is a.rescinded. b.suspended. c.breached. d.discharged.

breached.

East Bay Café orders seafood from Fresh Catch Company. Fresh places the goods at East's disposal. Fresh's performance under the contract is a.substantial. b.conditional. c.material. d.complete.

complete.

Bern, a minor, signs a contract to buy a Caterwauler jet boat from Dahl, an adult. Dahl a.must obtain Bern's consent to avoid the contract. b.can avoid the contract without Bern's consent. c.can avoid as much of the contract as Bern elects to avoid. d.cannot avoid the contract.

cannot avoid the contract.

Fritz offers to buy a guitar owned by Holle for twice what she paid for it. She accepts and hands the guitar to Fritz. Holle's delivery of the guitar is a.not consideration because the exchange is not a bargain. b.not consideration because its adequacy is unfair. c.not consideration because the value is not legally sufficient. d.consideration.

consideration.

Fig, who owns and operates Garden Farm, agrees to sell Harvest Grocery a minimum quantity of fresh fruits and vegetables every week for three months. If bad weather destroys Fig's crops, the obligation to deliver produce to Harvest is a.suspended. b.discharged. c.breached. d.not affected.

discharged.

Juan and Isidro enter into a contract to buy, restore, and reopen the Coastal Park Carousel. Before either party begins to perform, they make a new agreement to rescind their deal. This a.discharges the original contract. b.has no effect on Juan's performance. c.suspends both parties duties to perform. d.changes Isidro's duties under the contract.

discharges the original contract.

Dim threatens physical harm to force Eb to sell his Flower Shop to Dim for a below-market price. This is a.fraudulent misrepresentation. b.mistake. c.duress. d.undue influence.

duress.

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is a.not effective because Anton's tutoring will be subjective. b.not effective because comedy is not a serious subject. c.not effective because Brooke has no knowledge of the subject. d.effective.

effective.

Twig is fifteen. In most states, for contractual purposes, Twig would be considered a minor until she is a.seventeen. b.sixteen. c.eighteen. d.twenty-one.

eighteen.

Dwelling Inc. enters into a contract with Estate Management to manage and maintain Dwelling's apartment complex. Their contract contains a clause that limits Estate's liability except in cases of gross negligence or willful misconduct. With respect to this clause, a court would most likely a.reallocate the risk expressed in it. b.reform it. c.enforce it. d.refuse to enforce it.

enforce it.

Beau borrows $15,000 from Credit Center to buy a car. The lender assigns the right to receive the loan payments to Debt Collections Inc. If Beau does not pay the debt, the assignee can a.enforce the payment in court. b.demand performance of the deal from any of the original parties. c.extinguish the contract rights of the assignor. d.none of the choices.

enforce the payment in court.

Holes Inc. begins digging a foundation at a construction site for Investment Company under a contract for a certain price. After six months, Holes demands a higher price because of extraordinary difficulties that were totally unforeseen at the time the contract was formed. An agreement to pay the higher price is a.enforceable as the consideration is past. b.unenforceable due to the preexisting duty rule. c.enforceable due to unforeseen difficulties. d.unenforceable as an illusory promise.

enforceable due to unforeseen difficulties.

Glen offers to sell Helen his iPad for $200. Under the mirror image rule, Helen's response will be considered an acceptance if the terms of the acceptance a.change both the price and the items offered. b.change the items offered, but do not change the price. c.exactly mirror those of the offer. d.change the price, but do not change the items offered.

exactly mirror those of the offer.

Megan contracts to sell Nonny her horse for $4,000. This contract will be fully discharged when Megan and Nonny a.execute a bill of sale. b.exchange the horse for the money. c.sign a receipt. d.agree that the deal is fair.

exchange the horse for the money.

Dairy Farm enters into a contract with EZ Ice Cream Inc. to supply milk. Later, Dairy decides that it is no longer advantageous to fulfill the contract and subsequently fails to perform as promised. EZ files a suit against Dairy. A breach occurred when Dairy a.decided that it was not advantageous to fulfill the contract. b.failed to perform as promised. c.was sued by EZ. d.entered into the contract.

failed to perform as promised.

Alvin induces Beth to enter into a contract for the purchase of a Chef's Burger restaurant. Alvin knowingly misrepresents a number of material features about the restaurant and the business. When Beth discovers the truth, she can rescind the contract on the basis of a.none of the choices. b.mistake. c.undue influence. d.fraudulent misrepresentation.

fraudulent misrepresentation.

Denis sells a motorcycle to Elton without disclosing that the odometer, which reads 10,000 miles, was disconnected 100,000 miles ago. Denis is most likely liable for a.mistake. b.none of the choices. c.puffery. d.fraudulent misrepresentation.

fraudulent misrepresentation.

Hua applies to Inventory Corporation for a position as a coder. Hua has no training in coding. After Hua is hired, Inventory learns the truth. The employer can rescind the contract on the basis of a.mistake. b.none of the choices. c.fraudulent misrepresentation. d.undue influence.

fraudulent misrepresentation.

Beck and Call enter into a contract under which Beck agrees to cater Call's wedding. The contract expressly prohibits any transfer of rights without the obligee's consent. Call may transfer the right to receive Beck's services to Dion a.under no circumstances. b.if Beck consents. c.if Dion is also getting married. d.if Call decides to use a different caterer.

if Beck consents.

Beta contracts to design and deliver marketing materials to Cesar. Beta cannot delegate this duty to Devon a.under any circumstances. b.if the delegatee's performance will match the obligee's expectations. c.if performance depends on Beta's personal skill. d.if special trust has not been placed in the obligor.

if performance depends on Beta's personal skill.

Vicky asks Walt, a cobbler, to repair a pair of boots. There is no discussion of a price, and Vicky and Walt do not sign any documents. After the repair, Walt hands Vicky a bill. With respect to Vicky?s obligation to pay the bill is Select one: a.simple contract b.no contract c.express contract d.implied contract

implied contract

Reed agrees to sell his Sports Equipment store to Taylor. As part of the sale, Reed promises not to open a similar, competing store anywhere. This promise is most likely a.invalid because it is part of a sale of an ongoing business. b.valid if both parties are justifiably ignorant of the facts. c.valid because it is part of a sale of an ongoing business. d.invalid because of the unreasonable terms of area and time.

invalid because of the unreasonable terms of area and time.

Kim promises to pay Leo $500 to install a sump pump in Kim's warehouse. Leo completes the installation. The act of installing the pump a.is the consideration that creates Kim's obligation to pay Leo. b.is not sufficient consideration because it is not goods or money. c.imposes no obligation on Kim unless she is satisfied with the job. d.imposes a moral obligation on Kim to pay Leo.

is the consideration that creates Kim's obligation to pay Leo.

Field Construction, Inc., contracts with M Ranch to build a new barn on M's property for which M agrees to pay. The elements of this, and any other, contract include Select one: a.necessity b.capability c.marketability d.legality

legality

Nicholls State University contracts with a construction company to build its new greenhouse. The elements of this, and any other contract include: Select one: a.necessity b.capability c.marketability d.legality

legality

Rory questions whether there is consideration for his contract with Silver Spurs Club to exchange his performance of country music on certain dates for Silver's payment of a certain amount. To constitute consideration, the value of whatever is exchanged must be a.objectively worthy. b.practically sound. c.legally sufficient. d.precisely adequate.

legally sufficient.

For a contact to be considered valid and enforceable, the parties to a deal must a.necessarily have it in writing. b.subjectively intend to agree to the terms. c.manifest their voluntary consent to the same bargain. d.know with certainty what kinds of promises will be enforced.

manifest their voluntary consent to the same bargain.

An ad for the New Plays Festival asks playwrights to submit their work and "we might produce it for the world." Oded submits a play with a note that states, "I accept." Between the Festival and Oded, there is a.a contract to consider producing Oded's play. b.a contract to produce Oded's play. c.a contract to negotiate with Oded to produce the play. d.none of the choices.

none of the choices.

Bram, a salesperson for Cruisin' Motors, promises Dot a certain car will give her a "smooth ride." Bram offers a test drive, which Dot declines. She buys the car but soon realizes its suspension is in poor condition. Dot can rescind the contract on the ground of a.the buyer's mistake. b.none of the choices. c.the car maker's undue influence. d.the salesperson's fraudulent misrepresentation.

none of the choices.

Fagin and Gretel agree to hijack a truck carrying a load of almonds. If Fagin later refuses to go through with the crime, Gretel can a.obtain damages in the amount of her partner's share of the illegal profits. b.enforce the agreement. c.obtain damages in the amount of her own share of the illegal profits. d.none of the choices.

none of the choices.

Owen, the owner of Parts Company, pays Quint to obtain a competitor's design patent. Quint keeps the money but does not deliver. Owen can a.enforce the contract with Quint. b.recover from the competitor. c.none of the choices. d.recover from Quint.

none of the choices.

Idina admires Jules's collection of guitars. Jules says, "I plan to sell the collection when I get tired of it." Jules's statement is Select one: a.not an offer because Jules expressed only an intent to enter into a future contract. b.an offer. c.not an offer because it has not been communicated to Idina. d.an acceptance.

not an offer because Jules expressed only an intent to enter into a future contract.

Rena asks Sully, "Do you want to pay me to repair your forklift?" This is a.an offer. b.not an offer, because Rena did not express an intent. c.not an offer, because the terms are not definite. d.not an offer, because Sully did not respond.

not an offer, because the terms are not definite.

Maria is the sheriff of Narez, Texas. Oscar robs a Narez gas station and a $500 reward is offered for his capture. When, later, Maria finds and arrests him, with respect to the reward, she can a.collect it. b.not collect it because she had a preexisting duty to capture Oscar. c.not collect it because it is not legally sufficient consideration. d.not collect it because it is an illusory promise.

not collect it because she had a preexisting duty to capture Oscar.

Jen promises to pay Kam $500 because "she does not have as much money as other people." Jen's promise is a.enforceable because society wants people to keep their promises. b.not enforceable because Jen could have paid Kam more. c.enforceable because the redistribution of wealth is a valid social goal. d.not enforceable because Kam has not given consideration in return.

not enforceable because Kam has not given consideration in return.

Lewis enters into a contract with Thibodaux Taxi to work as a driver. Under the plain meaning rule, if the contract's writing is clear and unequivocal, the meaning of the terms must be determined from Select one: a.any relevant extrinsic evidence b.only the document itself c.testimony of the parties d.only extrinsic evidence not found in the document

only the document itself

The requirements of a contract do not include Select one: a.consideration. b.legality. c.capacity. d.practicality.

practicality.

Builders Inc. agrees to construct an office building for Commerce Center Corporation. The project proceeds according to plan, but before it is done, the buyer tells Builders to quit. In a suit for breach, Builders may recover a.nothing. b.the contract price. c.the costs needed to complete construction. d.profits plus the costs incurred up to the time of the breach.

profits plus the costs incurred up to the time of the breach.

If performance under a contract will vary materially on a delegation of its duties to a third party from that expected by the obligee, the delegation is a.prohibited. b.permitted if the performance does not require the obligor's personal skill. c.permitted if special trust has been place in the obligor. d.permitted on sufficient notice by the obligor.

prohibited.

Bianca, a minor, enters into a contract to buy two all-season passes from Chalet Ski Park. The contract will be made enforceable if Bianca a.ratifies it. b.nullifies it. c.disaffirms it. d.voids it.

ratifies it.

Erma enters into a contract to buy a tract of lakefront property from Forest Acres to build and sell a residential development. Forest Acres fails to close the sale. Erma's remedy is most likely a.the difference between the contract and market prices of the land. b.nothing—Forest Acres still owns the land. c.the amount that Erma invested in the project to the date of the closing. d.specific performance.

specific performance.

Guy orally agrees to buy a unique collection of sports memorabilia for $10,000 from Hec and sends $2,500 as an initial payment. When Guy pays the rest of the price, Hec refuses to ship the collection. In a suit for breach, Guy should seek a.damages. b.specific performance. c.a quasi contract. d.restitution.

specific performance.

Ben buys a 1957 Chevy coupe, believing that it is worth more than the price asked. When the car proves to need more repairs than Ben estimated, and thus is worth less as is, Ben is a.not liable because he underestimated the cost of repairs. b.not liable because the need for repair is not a material fact. c.not liable because the seller misrepresented the value. d.still liable on the agreement.

still liable on the agreement.

Rafi offers to sell his sailboat, _Sea Siren_, to Tara for $50,000. Referring to the prices for similar vessels, Tara says, "I'll pay no more than $40,000." Rafi's offer is a.terminated. b.rejected and subject to a counteroffer. c.still open. d.revoked.

terminated.

Concrete Company agrees to lay a foundation for Diamond Properties, but fails to finish the job. Diamond hires Earth Projects Inc. to complete the work. In a suit for breach, Diamond may recover from Concrete a.the contract price. b.profits plus the costs incurred up to the time of the breach. c.nothing. d.the costs needed to complete construction.

the costs needed to complete construction.

For a price, Rose agrees to unload the catch from fishing boats that dock at Seafood Shipping. Rose delegates this duty to Tina, who then owes performance of the duty to the warehouse. Tina is a.the obligee. b.the delegatee. c.a third party beneficiary. d.the obligor.

the delegatee.

Faiz enters into a contract to buy 350 acres from Grain Farm to cultivate hops and open a brewery. Faiz fails to make the purchase. Grain Farm's remedy is most likely a.the amount that Faiz expected to invest in the brewery. b.nothing—Grain Farm still owns the land. c.a percentage of Faiz's unrealized profit. d.the difference between the contract and market prices of the land.

the difference between the contract and market prices of the land.

Business Center signs an agreement with Credit Lending Inc. to borrow $40,000 at 20 percent interest. Later, the state legislature passes a law lowering the maximum permissible rate of interest to 15 percent. The borrower's best argument for avoiding payment to the lender is that a.payment of the loan would force the debtor into bankruptcy. b.the law has rendered performance of the contract illegal. c.the specific subject matter of the contract has been destroyed. d.performance of the contract is commercially impracticable.

the law has rendered performance of the contract illegal.

For a price, Recycle LLC agrees to empty the dumpster behind Sushi Café. Recycle delegates this duty to Trash Inc. Sushi is a.the obligor. b.a third party beneficiary. c.the delegatee. d.the obligee.

the obligee.

For a price, Ray agrees to unload trucks that make deliveries to Shoppers Warehouse. Ray delegates this duty to Tim, who then owes performance of the duty to the warehouse. Ray is a.the obligor. b.the delegatee. c.a third party beneficiary. d.the obligee.

the obligor.

Eugene, an accountant, convinces his client Faye to enter into a contract to invest her savings in Gathering, a non-existent social media site. There is clear and convincing evidence that Faye did not act out of her free will. This is a.undue influence. b.fraudulent misrepresentation. c.duress. d.mistake.

undue influence.

Ewa is induced by her guardian Filo to sign a contract to invest funds in Gold Inc. through Filo's investment firm. Unknown to Ewa, Filo realizes a commission from the investment. Most likely, Ewa can rescind the contract on the basis of a.mistake. b.fraud. c.undue influence. d.duress.

undue influence.

A contract to do something that is prohibited by statute is a.enforceable if the contract does not negatively affect society. b.unenforceable. c.enforceable if the parties are ignorant of the prohibition. d.enforceable if the parties are aware of the prohibition.

unenforceable.

Apps Inc. promises to give stock options to Belden, a creative coder, for processes he has already designed. This promise is a.enforceable because it is a new contract. b.enforceable because it is supported by past consideration. c.unenforceable. d.enforceable because it is an illusory promise.

unenforceable.

Riley offers to pay Samuel to pick up and file certain legal documents by 4:30 p.m. this afternoon. Samuel can accept the offer only by completing the task within the deadline. If he does, Riley and Samuel will have a(n) Select one: a.executive contract b.void contract c.unilateral contract d.bilateral contract

unilateral contract

Generally, the duties under a contract can be delegated a.unless the delegation involves only a payment of money on the deal. b.unless the contract expressly prohibits delegation. c.under no circumstances. d.unless the rights under the contract have previously been assigned.

unless the contract expressly prohibits delegation.

Fresh Agro Inc. offers to deliver produce to Growers' Market for a certain price. Fresh's intent to extend an offer is determined by reference to Fresh's a.market assumptions. b.words and actions. c.subjective, unexpressed intentions. d.all of the choices.

words and actions.

Chet, a minor, signs a contract with Denise, an adult. The contract is voidable at the option of Select one: a.​Denise only. b.​Chet only. c.​neither party. d.​either party.

​Chet only.

Fix-It-Quik, Inc., offers Gina a job as a plumber. No time for acceptance is specified in the offer. The offer will terminate Select one: a.​after a reasonable period. b.​after a month (thirty calendar days). c.​after a work week (five business days). d.​never.

​after a reasonable period.

Orin signs a covenant not to compete with his employer, Product Distribution, Inc. The covenant will be enforced if it Select one: a.​is reasonable with respect to geographic area and duration. b.​does not require either party to obtain a business license. c.​relieves the employer from liability for any injury to Orin. d.​none of the choices.

​is reasonable with respect to geographic area and duration.

An ad on the NewsNow Web site asks viewers to "send us your story and we might share it with the world." Ollie submits a manuscript, adding, "I accept your offer." Between NewsNow and Ollie, there is Select one: a.​a contract to negotiatefor the publication of Ollie's story. b.​a contract for the publication of Ollie's story. c.​a contract to considerOllie's story before any others. d.​no contract.

​no contract.

Stan, a salesperson for Trucks & Autos, promises Uri a certain car will give him a "smooth ride." Stan offers a test drive, which Uri declines. He buys the car but soon realizes its suspension is in poor condition. Uri can rescind the contract on the ground of Select one: a.​undue influence. b.​fraud. c.​none of the choices. d.​mistake.

​none of the choices.

Emma, a minor, buys a water bottle, a set of weights, and a treadmill from Fitness Warehouse. Later, Emma disaffirms the deal. If the goods are still in her possession or control, she can keep Select one: a.​only the damaged or used goods. b.​all of the goods. c.​the water bottle, but not the weights or the treadmill. d.​none of the goods.

​none of the goods.

Maya tries to start her new car with no success. She yells that she will sell the car to anyone for $10. Nero, a passerby who owns Nero's Motors, hands Maya $10. This is Select one: a.​a valid acceptance because Maya is seriously frustrated. b.​not a valid acceptance because Maya does not seriously intend to sell. c.​not a valid acceptance because Nero is only passing by. d.​a valid acceptance because Nero is a professional dealer.

​not a valid acceptance because Maya does not seriously intend to sell.

Stephen offers Theresa $1,000 for her collection of rare coins. She accepts. If a dispute arises, a court would likely Select one: a.​set aside the dealafter questioning the adequacy of consideration. b.​rewrite the deal after questioning the adequacy of consideration. c.​not question the adequacy of the consideration. d.​enforce the deal after questioning the adequacy of consideration.

​not question the adequacy of the consideration.

Dix agrees to sell Eli, for $1,500, a remote parcel of land. They believe the land to be worthless, but beneath it is shale rock containing oil. A court would Select one: a.​rescind the contract on the basis of mistake. b.​rescind the contract on the basis of fraud. c.​rescind the contract on the basis of undue influence. d.​not rescind the contract.

​not rescind the contract.

Dana believes that a new phone to be sold by Ear Fruit Inc. will become the most popular phone in the global market. Dana enters into a contract to buy 500 shares of Ear Fruit stock, anticipating an increase in its value. The phone does not become popular, and the price of the stock does not rise. Dana can recover Select one: a.​nothing. b.​the amount of the purchase price plus the unexpected decrease. c.​the amount of the purchase price. d.​the amount of the purchase price plus the expected increase.

​nothing.

Movers LLC promises to deliver a certain couch to Nora, who promises to pay for the service. If Movers does not perform, it may be required to Select one: a.​pay money damages. b.​perform a different service. c.​cease business. d.​make another promise.

​pay money damages.

Ross promises to pay Sara, his niece, $5,000 if she obtains her degree at Tech University, where she is in her third year. Sara graduates. Ross is Select one: a.​not required to pay because Sara was already at Tech. b.​required to pay because Sara obtained a degree at Tech. c.​required to pay because a job can be hard to find after college. d.​not required to pay because obtaining a degree benefits Sara.

​required to pay because Sara obtained a degree at Tech.

Mark fails to reveal a material fact in a business deal with Nancy. This constitutes fraud if Select one: a.​any of the choices. b.​the amount of consideration is grossly inadequate. c.​Mark is not aware of the fact or his failure to reveal it. d.​the fact concerns a serious defect known to Mark but not to Nancy.

​the fact concerns a serious defect known to Mark but not to Nancy.

Moe asserts that a deal he entered into with Nina to sponsor and host a motivational conference for independent sales representatives is an unenforceable contract. Defenses to the enforcement of a contract include Select one: a.​a desire not to perform. b.​preliminary indications of unsatisfactory results. c.​the lack of a party's voluntary consent. d.​insufficient capital.

​the lack of a party's voluntary consent.