Mort 275 Pre-Test 1

As a general rule, the adequacy of the consideration is irrelevant because the law allows bargains.

True

Consideration can constitute financial or non-financial items.

True

Even if a minor does not have possession of property received under a contract, the contract can be disaffirmed.

True

If the intended acceptance varies or qualifies an offer, the counter offer rejects the original offer.

True

If the supposed consideration consists merely of a promise to do what one is already legally obligated to do, consideration is invalid

True

In a small claims court, there is no jury and a judge tries at the case.

True

In some states, a joint contract in interpreted as being both joint and several.

True

One may have rights and obligations imposed by law even when no real contract exists.

True

Only when performance is standardized may one delegate its performance to another.

True

The Uniform Commercial Code makes no distinction between contract under seal and other written contracts for the sale of goods.

True

The legal term for one party benefiting unfairly at the expense of another in unjust enrichment

True

The location where a case is to be tried is known as a venue.

True

The offeree may make an inquiry about terms that differ from the offer's terms without rejecting the offer

True

The rescission of a contract releases an aggeived party from all obligations that are yet to be performed.

True

The safest way to contract with minors is to have the minor's guardian join in the contract as a cosignor

True

The system of equity involved to provide judicial relief in cases where no adequate remedy at law existed.

True

Using a business computer to play games constitutes computer trespass

True

A minor has the legal right to disaffirm a voidable contract at any time during minority.

True.

A breach of contract by one of the parties bound on a contract immediately terminates the contract.

False

A contract can never be described as being both joint and several.

False

A dentist who performs services without a license is entitles to sue to collect for the services.

False

A person who has been legally declared to be a habitual drunkard is not liable for the reasonable value of necessaries furnished.

False

Administrative agencies cannot hire scientists and researchers to study industries on their own accord.

False

All agreements are contracts.

False

All state of the Unites States have separate equity courts and common law courts.

False

An agreement between two parties to perform an illegal act is a quasi-contract.

False

If a merchant displays a coat at a particular price, he has a binding requirement to sell at that price.

False

The most common type of relief that courts of equity provide is monetary damages.

False

When an offeree is not aware of the insanity of the offeror and communicates assent to an offer, it is considered as accepted.

False

When charitable enterprises are financed by voluntary subscriptions of many people, the promise of each person is generally not held to be enforceable.

False - Are enforcable

The legal system of the United States is based primarily of the French legal system

False - English legal system

To establish the offense of criminal copyright infringement, a prosecutor needs to prove that the infringement was done for non-financial gain.

False - Financial gain

The Statute requires written memorandum to contain all information on one piece of paper.

False - It can be on multiple papers

Probate court handle divorce and child custody cases.

False - Probate courts handle estates; domestic relations courts handle divorce and child custody

A creditor beneficiary is one to whom the promisee owes no duty but for who performance is a gift.

False

If performance in a contract becomes extremely difficult after the contract is formed, it automatically discharged the contract.

False

It is simpler to file a suit in a court of record that in an inferior court.

False

The Statute of Frauds does not apply when the promisor promises the debtor that the promisor will pay the debt owed to the third person

False - It does not apply because this needs to be in writing

If a druggist sells morphine to one who does not have a prescription, a suit to collect the price would be successful.

False - It would NOT be successful

An agreement that does not meet all five of the requirements for a valid contract is known as an unenforceable contract.

False - Might be void or voidable

Ratification to a contract can be made at any time before reaching majority.

False - Must be made within a reasonable time after reaching majority

The Statute of Frauds states that the memorandum must contain more essential terms that the written contract.

False - Must contain all essential terms

According to the Statute of Frauds, an agreement of an executor to pay the debts of the estate from the executor's personal funds, needs to be an oral contract.

False - Needs to be in writing

The Uniform Commercial Code states that when a contract for the sale of goods is modified by agreement of the parties, consideration is necessary to make it enforceable.

False - No consideration is necessary

If an adult purchases personal property from a minor, the minor has only a voidable title to the property.

False - The adult only has a voidable title

If a decision of an administrative agency conflicts with a statute enacted by a higher legislative body, the agency decision will prevail.

False - The statute will

Price fixing, group boycotts, and horizontal territorial restraints are known as anti-trust violations.

False - These are par se violations

Mistakes such as duress and undue influence render contracts void.

False - These are voidable

As a general rule, one's rights under a contract cannot be transferred freely.

False - They can be transferred freely

To recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the tortfeaser to the plaintiff

False - This describes a negligent tort

The written request that begins a civil suit is called a summon.

False - This is a complaint

When one party wrongly threatens to injure another person physically in order to get agreement to a contract, economic duress occurs

False - This is physical duress

The term delegation describes a transfer of rights.

False - Transfer of duties

A valid offer is one that is indefinite.

False - must be definite

Appellate courts conduct the original trial of cases

False 0 This describes Trial Courts

Felonies refer to crimes that are usually punishable by just a fine.

False- These are misdemeanors, violations, or infarctions

Private citizens are entitles to sue on the basis of the Water Pollution and Control Act

True

Silence constitutes acceptance to an offer if because of previous dealings, it is reasonable for the offeree to notify the offeror of non-acceptance

True

The Racketeer Influenced and Corrupt Organizations Act provides for the recovery of three times the damages suffered by an injured party as a result of its violation.

True

The Robinson-Patman Act prohibits sales at unreasonably low prices.

True

When a mistake occurs, the parties may specify a different outcome in their contract, irrespective of what the law provides.

True

Contract made by people who were intoxicated to such an extent that they would not have entered into it if they were sober, makes the contract voidable.

True.

For an act to be established as a tort on injurious falsehood, the false statements of fact must be communicated by the defendent to a third person.

True.

Government regulates business by means of antitrust laws that seek to promote competitions among businesses

True.

If a party intentionally and without the consent of the other party alters a written contract, the other innocent party is discharged.

True.

If two minors enter into a contract, each has the right to avoid it.

True.

The Statute of Frauds recognizes electronic signatures as legally enforceable.

True.

The chief function of the court is to interpret and apply laws from any other source to a given situation.

True.

The contract and the memorandum required by the Statute of Frauds must set forth all the material terms of the transaction.

True.

According to the Uniform Commercial Code, a contract can be formulated only when acceptance to an offer is made

--

A certificate of deposit is a negotiable intrument.

True

A false statement made in the belief that it is true is known as innocent misrepresentation

True

A minor must ratify none or all parts of a contract.

True

Administrative agencies primarily set policy through the issuance of rules and regulations

True

After a discharge in bankruptcy, creditors' rights of action to enforce most of the contracts of a debtor are barred.

True