test 3 legal environ
Which act or statement is a valid offer? A detailed advertisement A typical advertisement A price quote A completed auction with a reserve
A detailed advertisement
How may an offer be terminated? Choose 3 answers. A reasonable amount of time has passed. An offeror may terminate an offer by revocation. A competitor to the offeror can issue a better offer for the same product or service. The offeree may make a counteroffer.
A reasonable amount of time has passed. An offeror may terminate an offer by revocation. The offeree may make a counteroffer.
In general, which of these contract terms is NOT required to meet the requirement of definiteness? The parties involved The subject matter of the contract The time of payment Acceptance
Acceptance
Alfred is having trouble with his car so he visits his friend Glen, who is a mechanic, for some free advice. Alfred asks Glen just to look at the car and determine what is wrong, but not to fix it. Glen looks at the car, determines the problem, and repairs the car using parts and materials he already had in his garage. Alfred takes the car out for a test drive, and it performs better than it ever has. Alfred tells Glen that because Glen fixed his car, when Alfred gets paid again he will buy Glen the new torque wrench that Glen has been wanting. A week later, Glen asks Alfred about the torque wrench, and Alfred tells Glen that he has changed his mind. If Glen sues Alfred to enforce his promise to buy Glen the torque wrench: Glen will win because all the elements required for a valid contract are present. Glen will win because consideration flowed from each party, and therefore a valid contract was formed. Alfred will win because the contract between Glen and Alfred was not in writing, and therefore not valid. Alfred will win because the act of repairing Alfred's car is past consideration, and therefore no valid contract was formed.
Alfred will win because the act of repairing Alfred's car is past consideration, and therefore no valid contract was formed.
Quon decides to sell his antique roadster, so he places an ad on Craigslist. He lists the roadster as a 1957 Mercedes Benz 300SL Roadster, describes it as in good working condition, and states that no reasonable price will be refused. Fern responds to the ad and offers to pay $25,000 to Quon for the car, which Quon agrees to. In this scenario, who is the offeror? Fern is the offeror. Neither party is the offeror because there is no agreement to specific terms. Quon was the original offeror, but Fern becomes the offeror when she offers $25,000. Quon is the offeror.
Fern is the offeror.
Which of the following statements is an offer? I will sell you my house for $400,000. I am thinking about selling my house for $400,000. House for sale! Asking $400,000. There is no way I could sell my house for less than $400,000.
I will sell you my house for $400,000
In what situations would a court be likely to award a quasi-contract? Choose 2 answer choices. When the party provided the services for unwilling recipients If the defendant was unjustly enriched and played a part in deceiving the plaintiff If the defendant did not know the plaintiff would expect to be paid for the services When the unjust enrichment is a relatively insignificant amount of money
If the defendant was unjustly enriched and played a part in deceiving the plaintiff When the unjust enrichment is a relatively insignificant amount of money
Which of the following distinguishes promissory estoppel cases from quasi-contract cases? In a quasi-contract case, the plaintiff did not expect to be paid, but in a promissory estoppel case they did. In promissory estoppel cases there is never a promise, but in quasi-contract cases there are. In promissory estoppel cases, there is a valid contract but not in a quasi-contract case. In promissory estoppel cases there is a promise; in quasi-contract cases there is not.
In promissory estoppel cases there is a promise; in quasi-contract cases there is not.
What conditions must be met for an offer to be legally accepted? Choose 2 answers. It may only be accepted by the intended offeree or the offeree's agent. Acceptance must be communicated in words, either written or oral. Acceptance must be unequivocal with no requests for changes in the offer. The offer must be accepted within 24 hours of communication.
It may only be accepted by the intended offeree or the offeree's agent. Acceptance must be unequivocal with no requests for changes in the offer.
Which of the following words, if added to an offer, will cause the offer to fail for definiteness? (Select 2 answers) Friday, as in "I will sell you my boat Friday for $1000" Tomorrow, as in "I will sell you my boat tomorrow for $1000" Might, as in "I might want to sell you my boat for $1000" In the future, as in "I will sell you my boat sometime in the future for $1000"
Might, as in "I might want to sell you my boat for $1000" In the future, as in "I will sell you my boat sometime in the future for $1000"
Must all terms of a deal be included in an offer? Yes, unless it is an offer for services in which case some terms can be filled in later. No, unless the offeror purposely leaves terms of the offer ambiguous. No, but the terms required will depend on the type of contract. Yes, an offer is not complete unless all terms are included.
No, but the terms required will depend on the type of contract.
Which situation would be considered sufficient consideration for a contract to exist? Pam agrees to pay Derek $500 if he does not sit next to her in class anymore. Alice promises to give her granddaughter $10,000. Alice's grandson quit smoking, so Alice promises to give him $5,000. Bethany is remodeling a kitchen for Tonya. Bethany tells Tonya she will finish the work within a reasonable time if Tonya pays her a bonus.
Pam agrees to pay Derek $500 if he does not sit next to her in class anymore.
What factors are used to judge if consideration is adequate to ensure a fair bargain? Choose 2 answers. Consideration must be a promise to pay money. Items or promises exchanged must be of nearly equal value. Promises must be made with voluntary consent. Promises exchanged may not be a preexisting duty.
Promises must be made with voluntary consent. Promises exchanged may not be a preexisting duty.
How can the legal concepts of accord and satisfaction apply to negotiable instruments? Choose 2 answer choices. Accord and satisfaction offers guidelines regarding how the parties should discharge the debt. The UCC provides debtors a way to prove accord and satisfaction. Similar to bankruptcy, the debt is forgiven with accord and satisfaction. The parties can agree to discharge the instrument for less than the stated amount.
The UCC provides debtors a way to prove accord and satisfaction. The parties can agree to discharge the instrument for less than the stated amount.
What happens when a party with the right to avoid a contract chooses to not avoid it? The contract is rejected. The contract becomes a quasi-contract. The contract is ratified. The contract becomes void.
The contract is ratified.
You decide to get a credit card in order to begin building your credit history. It is your first credit card and when you receive the agreement with the credit card company filled with legally complex boilerplate language, you sign it knowing that if you do not, you will not be able to get the card. Buried deep within the terms, however, a discrepancy existed that the credit card company never caught before sending the agreement to customers. One section allowed for the credit card company to raise interest rates as long as it provided users a 30 day notice, but another section stated that interest rates could only be changed once per year. The company has increased your interest rate four times already this year and you decide you have had enough and take them to court. In whose favor will the court interpret the terms of the contract?
The court will interpret it in your favor because you did not draft the agreement.
What must a plaintiff show to be awarded a quasi-contract in a lawsuit? The defendant expected to be paid. The defendant was unjustly enriched. The defendant agreed to compensate the plaintiff for the benefit received. The plaintiff received some benefit.
The defendant was unjustly enriched.
What factors make an agreement enforceable under the principle of quasi-contract? Choose 2 answers. The enriching party is negligent. The courts determine that an enforceable contract exists. The enriched party knows about the benefit and keeps it. One party is being enriched at the expense of the other.
The enriched party knows about the benefit and keeps it. One party is being enriched at the expense of the other.
What elements are required for an offer to be effective under the common law? Choose 3 answers. The offer must be communicated to the offeree. The terms of the offer must be reasonably definite so that all parties understand them. The offeror must intend to be bound by the offer. The offer must be irrevocable for a set period of time to allow acceptance.
The offer must be communicated to the offeree. The terms of the offer must be reasonably definite so that all parties understand them. The offeror must intend to be bound by the offer.
How may a revocable offer effectively be revoked? Choose 2 answers. The offeror may convert the offer to an option contract. The offeree may reject the offer with a clear expression. The offeror may withdraw the offer with a clear expression. The offeror may take an action that contradicts the offer and make that known to the offeree.
The offeror may withdraw the offer with a clear expression. The offeror may take an action that contradicts the offer and make that known to the offeree.
What elements are required for courts to apply the doctrine of promissory estoppel? Choose 3 answers. There was a detrimental result from reliance on the promise. There must have been consideration given with the promise. Enforcement of the promise is necessary to avoid injustice to the promisee. The promise must be definite and relied upon.
There was a detrimental result from reliance on the promise. Enforcement of the promise is necessary to avoid injustice to the promisee. The promise must be definite and relied upon.
What type of acceptance requires an affirmative action for the offeree to accept that offer? Unilateral contracts The typical type of acceptance to an offer Browsewrap Agreements Offeree's silence in response to an offer
Unilateral contracts
Robert inherited lots of antique tools when his father died. Because Robert is not interested in woodworking, he decides to sell several of the tools. Robert agrees to sell an antique hand-held wood planer to Geoffrey for $50. After agreeing to the deal, Robert discovers that the planer is a pre-WWII Norris Jointer Planer worth over $5,000, and refuses to sell the planer to Geoffrey. Can Geoffrey enforce the deal? No, Geoffrey cannot enforce the deal because Robert was unaware of the true value of the planer. Yes, Geoffrey can enforce the deal but only if Geoffrey was not aware of the true value of the planer. No, Geoffrey cannot enforce the deal because the amount of consideration is insufficient. Yes, Geoffrey can enforce the deal because the contract contained valid consideration.
Yes, Geoffrey can enforce the deal because the contract contained valid consideration.
Sarah is shopping at Sylvia's thrift store, and notices that the inside of the store needs repainting. Sarah offers to paint the store for $400. Sylvia does not respond to Sarah's offer. Later that day, Sarah returns to the store with painting supplies in hand and begins painting the store. When Sarah is finished, she demands payment of $400 from Sylvia. Will Sylvia have to pay Sarah for painting the store? Yes, Sylvia will have to pay Sarah for painting the store, even though she did not verbally agree to the contract. No, Sylvia will not have to pay Sarah for painting the store because silence can never be an acceptance of an offer. Yes, Sylvia will have to pay Sarah for painting the store because silence is always an acceptance of an offer. No, Sylvia will not have to pay Sarah for painting the store because Sarah did not verbally agree to the contract.
Yes, Sylvia will have to pay Sarah for painting the store, even though she did not verbally agree to the contract.
If a buyer agrees to purchase "all the widgets I require" and the seller agrees to sell him "all the widgets you require" is there sufficient consideration? Yes, because this is an output contract. No, because without knowing the number of widgets, there can be no bargained-for exchange. Yes, because this is a requirements contract. No, this is illusory.
Yes, because this is a requirements contract.
If unforeseen difficulties arise during the performance of a contract, may the parties change the terms of the contract without giving additional consideration? No, at least one of the parties must provide additional consideration. No, both parties must provide new consideration. Yes, if the modification is fair and equitable. Yes, but only if the modification is a rescission of the contract.
Yes, if the modification is fair and equitable.
An agreement will lack consideration if: a person makes a promise in return for an act which has yet to take place. a person performs an act required by an offer. a person settles a disputed claim through an accord and satisfaction. a person makes a promise in return for an act which has already taken place
a person makes a promise in return for an act which has already taken place.
In a bilateral contract, the consideration which supports the forming of the contract is: a past act. a past promise. an act. a promise to perform.
a promise to perform.
If an individual shopping for groceries opens a bottle of water from their cart and drinks it before they have paid for their items: a voidable contract has been created. a bilateral contract has been created. a quasi-contract has been created. a unilateral contract has been created.
a quasi-contract has been created.
Which of the following creates a bilateral contract? a competition with prizes reward posters a sale of goods with payment at delivery lottery tickets
a sale of goods with payment at delivery
Maryanne offers to sell her 2015 Mustang convertible to April for $15,000, and April agrees to those terms. April brings the $15,000 to Maryanne, and Maryanne promises to deliver the Mustang to April the next day after she has it detailed. At this point, Maryanne and April have: no contract. a unilateral contract. an executed contract. an executory contract.
an executory contract.
Jones Construction Company is building a series of new subdivisions in Newtown over the next two years. Jones enters into a verbal agreement with Harley Concrete Inc. to construct all the driveways and sidewalks in the subdivisions that Jones will be building. Jones and Harley agree on a price of $130 per cubic yard and that Jones will pay Harley at the end of each project. Harley completes the first project, which is four sidewalks and sixteen driveways, and bills Jones for the project. Jones decides that the price is too high and refuses to pay, claiming that they have no obligation to pay because the parties did not have a valid contract. If Harley sues Jones for payment the court would probably: apply quasi contract theory and award the fair market value of the work that Harley completed. hold that Harley is entitled to nothing because parties are free to terminate contracts if they so choose. hold that Harley is entitled to nothing because the contract violates the Statute of Frauds. apply quasi contract theory and award $130 per cubic feet, the contract price, to Harley.
apply quasi contract theory and award the fair market value of the work that Harley completed
Owen offers to sell his motorcycle to Julian for $5,000. After he makes the offer, Owen has second thoughts. Owen can revoke the offer to sell his motorcycle to Julian: as long as Julian has not yet accepted the offer. at no time, because offers to sell merchandise are irrevocable. anytime, whether or not Julian has accepted the offer. even after Julian has accepted but before Julian has delivered the money to Owen.
as long as Julian has not yet accepted the offer.
An offer ? terminate automatically when the period of time specified in the offer has passed.
can
Carol and Al enter into a contract for the sale of a painting. Carol pays Al the asking price and Al delivers to Carol the painting. This contract is an: implied contract. illusory contract. executory contract. executed contract.
executed contract.
When party A and B form a contract and both parties fully perform, the contract is considered: invalid. valid. executory. executed.
executed.
Quon and Bert have signed a contract for Bert to mow Quon's grass every week in June, July, and August for a price of $40 per week. They have agreed to all the necessary terms, but Bert has not yet mowed because it is still May. What type of contract do they have? void executed executory unilateral
executory
Don and Kim have entered into a contract for the purchase of a car. Don has paid money for the car, but Kim has not yet delivered it. This is an: executed contract. executory contract. illusory contract. implied contract.
executory contract.
If a contract term is ambiguous, a court may consider ? to interpret the contract.
extrinsic eveidence
Sal has ordered 100 pounds of shrimp for his restaurant from Sam every Friday for 5 years and has always paid that week's market price. One Friday, Sal decides to take a vacation but doesn't tell Sam. Sam claims they have a contract, even though it was never written down. What kind of contract do they have? express implied-in-fact implied-in-law quasi
implied-in-fact
When ambiguity in a contract's language exists, a court will: (Select all that apply) only use the language of the contract to figure out its meaning consider extrinsic evidence of the language apply the most common meaning of the term regardless of the parties' intent interpret the terms against the drafting party
interpret the terms against the drafting party
If two parties have an on-going oral agreement that that one will ship and the other will accept 50 pounds of produce each week unless the buyer informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce: does not qualify as a valid acceptance of the offer. qualifies as acceptance of that week's delivery offer. cannot be held against them as acceptance of an offer. fails as an acceptance for lack of timeliness.
qualifies as acceptance of that week's delivery offer.
What are the elements of consideration? Choose 2 answer choices. something of value from each party an exchange to which the parties agree past consideration a preexisting duty
something of value from each party an exchange to which the parties agree
In a unilateral contract: the offeror may revoke the offer at any time before performance has been completed. the parties exchange a promise for a promise. substantially undertaking performance prevents the offeror from revoking the offer. acceptance may occur through a promise or an act.
substantially undertaking performance prevents the offeror from revoking the offer.
To succeed on a promissory estoppel claim, and plaintiff must show: (Select all that apply) the defendant made a promise to the plaintiff the plaintiff expected payment from the defendant. the plaintiff received a benefit from the defendant the defendant knew the plaintiff would rely on the promise. the plaintiff relied on the defendant's promise.
the defendant made a promise to the plaintiff the defendant knew the plaintiff would rely on the promise. the plaintiff relied on the defendant's promise.
In an auction, the bidder is: counter-offeror. seller. the offeror. the offeree.
the offeror.
What is the term for a contract agreement in which an offeror promises to pay after the occurrence of a specified act, and the offeree is not required to respond in words? executed contract open contract unilateral contract bilateral contract
unilateral contract
Brindley has an old shed on her property that needs to be removed. She posts the following ad on Facebook: "Shed needs to be gone. You take down and haul away. (Much of the wood is reusable.) $100 to the first person to show up and haul this away." This is an example of a(n): unconscionable contract. illegal contract. bilateral contract. unilateral contract.
unilateral contract.
Contests, lotteries, and competitions with prizes are common examples of: bilateral contracts. implied in law contracts. unilateral contracts void contracts.
unilateral contracts
In order for an accord and satisfaction to be valid, the debt must be: unliquidated. of fair market value for the exchange that took place. over a year old. liquidated.
unliquidated.
A police officer who finds a missing child as part of his duties may not collect any reward for finding the child. Why? Because the reward is not a valid offer. Because the officer already had a pre-existing duty to do so. Because the officer did not accept the offer prior to finding the child. Because the officer did not promise to perform the act.
Because the officer already had a pre-existing duty to do so.
In general, certain terms must be included in contracts to satisfy the requirement of definiteness. What are the exceptions to this rule? Choose 2 answer choices. Courts can complete a contract to supply some missing items. Courts can rewrite contracts even if the intent is vague. If the contract is in writing, not all terms are required to be included. Sales contracts under the UCC
Courts can complete a contract to supply some missing items. Sales contracts under the UCC
Which of the following is legally sufficient consideration? Choose 2 answers. forbearance of a legal act a promise to do a legal act forbearance of an illegal act a promise maybe pay money in the future
forbearance of a legal act a promise to do a legal act
Mia contracted with Greencare Lawn Service for a pest treatment on Mia's lawn for $1,000. Pat lives next door to Mia. Greencare mistakenly treats Pat's lawn instead of Mia's. Pat watched them perform the treatment while looking through the window of his living room, but did not go outside and stop them. When Greencare seeks payment from Pat, Greencare can probably receive: from Pat an amount less than the contract amount that will reimburse Greencare for expenses incurred, in order to avoid unjust enrichment. nothing, because Greencare's contract was with Mia, not Pat. $1,000 from Mia because there was a contract.. $1,000 from Pat because Pat received the full value of the service. .
from Pat an amount less than the contract amount that will reimburse Greencare for expenses incurred, in order to avoid unjust enrichment.
When an agreement fails to qualify as an enforceable contract, but one of the parties breaches the agreement, the non-breaching party: may sue for specific performance. may sue for reformation. may sue for unjust enrichment. has no remedy.
may sue for unjust enrichment.
When a contract's writing is clear and unequivocal, the court will enforce the contract according to its ? terms
obvious
Interpreting a contract's terms from the written document alone is sometimes referred to as the ?
plain meaning rule
Lilly hired Harris Lawn Service to cut her grass one summer, and paid through automatic charges to her credit card. After taking three months off for winter weather, Harris staff cut Lilly's grass for four weeks in a row before charging the fees on Lilly's credit card. Lilly protested the charges, stating she did not hire the company to cut grass for the second summer. Harris sues Lilly. What law applies? Choose 2 answer choices. Lilly's silence is acceptance because the offeree accepted the benefit offered. Lilly's silence is acceptance because of the parties' past dealings. Lilly's silence is not acceptance in this case because the offeree must affirmatively accept the terms of the offer in full and communicate that acceptance to the offeror. Lilly's silence is not acceptance and Harris's service in the spring is considered a gift to her.
Lilly's silence is acceptance because the offeree accepted the benefit offered. Lilly's silence is acceptance because of the parties' past dealings.
Anna purchases a wedding dress and takes the dress to Jessica for alteration. Anna and Jessica agree that Anna will pay Jessica $75 for the alterations. After Jessica begins working on the dress, she has second thoughts. Jessica contacts Anna and advises her that the alternations will cost $150 instead of $75. Because Anna's wedding is in just two weeks, Anna reluctantly agrees. Once the alterations are completed, Anna pays Jessica the $75 originally agreed on. Is Jessica entitled to the additional $75? No, Jessica is not entitled to the additional $75 because there is no additional consideration for the revision to the contract. Yes, Jessica is entitled to the additional $75 because Anna agreed to it, forming a valid contract. No, Jessica is not entitled to the additional $75 because contracts cannot be altered once the terms are agreed on. Yes, Jessica is entitled to the additional $75 because the original contract contained insufficient consideration.
No, Jessica is not entitled to the additional $75 because there is no additional consideration for the revision to the contract.
Ellen offers to sell her 1997 Mustang convertible to Fred for $2,000. Fred agrees to pay $2,000 for Ellen's Mustang. Before Fred picks up the Mustang, Ellen discovers that the Mustang is considered a classic car and is worth much more than $2,000. Ellen refuses to sell the Mustang to Fred, stating that the consideration is insufficient. If Fred tries to enforce the deal by taking Ellen to court: the court would probably enforce the deal because the amount of consideration is never an issue. the court would probably enforce the deal because there was valid consideration on both sides. the court would not enforce the deal because $2,000 is too low to be valid consideration. the court would probably not enforce the deal because there is no consideration flowing from Ellen to Fred.
the court would probably enforce the deal because there was valid consideration on both sides.
A creditor on a liquidated debt of $1 million may agree to take which of the following from the debtor in satisfaction of that debt? Choose 2 answers. $500,000 100 cents on the dollar a promise by the debtor not to engage in any illegal behavior a horse in exchange for the $1 million that is due
100 cents on the dollar a horse in exchange for the $1 million that is due
The weekly Kroger advertisement states that five-pound chubs of ground chuck are available for eighty-nine cents per pound. Arlene sees the advertisement; she realizes that ground chuck has not been priced this low in quite some time, so she hurries to the store to purchase some. Arlene loads seven chubs of ground chuck in her shopping cart. When she goes to the checkout to pay, however, the cashier informs Arlene that the price in the advertisement is a typo and that the correct price is $1.89 per pound. Arlene insists that the store must honor the price listed in the advertisement, because it is an offer that she has just accepted. The cashier calls the store manager for a decision. The store manager will likely explain to Arlene: that advertisements are not offers, but merely a request for offers. that the advertisement is a valid offer, and the store must honor the price in the advertisement. that the advertisement is a valid offer because it is in writing. that the advertisement is a valid offer because its terms are definite.
that advertisements are not offers, but merely a request for offers.
What type of contract exists when at least one party has the option of canceling it? bilateral void voidable unenforceable
voidable
Which of the following is a valid offer? Eric offers to buy Arun's house for $775,000 with no contingencies because Eric's lease ends in two months. Arun wants to think about it and six days later has not yet responded. Arun distributes flyers at work stating he wants to sell his house, listing the address and the asking price. Arun tells Eric he will sell one of his houses for $250,000 by the end of the summer. Eric offers to buy Arun's house for $290,000. Arun says, "No, but I will sell it to you for $300,000." Eric seems to be upset, so Arun says he will sell it for $290,000.
Eric offers to buy Arun's house for $775,000 with no contingencies because Eric's lease ends in two months. Arun wants to think about it and six days later has not yet responded.
Geraldo is the owner/manager of Geraldo's Cleaning Service, a firm that cleans office building. Geraldo has a team of seven employees who do a fantastic job. To encourage them to keep up the good work, Geraldo tells his employees that if they continue to work hard until the end of the quarter and if he is pleased with his profits at the end of the quarter, he will give them each a $100 bonus. At the end of the quarter, the company's profits were extremely high. Will Geraldo have to make good on his promise of a $100 bonus for each employee? Yes, Geraldo will have to award the bonuses because profits were extremely high. Yes, Geraldo will have to award the bonuses because the work of the employees is valid consideration. No, Geraldo will not have to award the bonuses because the work of the employees is not valid consideration. No, Geraldo will not have to award the bonuses because his offer of a $100 bonus if he is pleased with his profits was an illusory promise.
No, Geraldo will not have to award the bonuses because his offer of a $100 bonus if he is pleased with his profits was an illusory promise.
Your friend meets you for coffee one day driving a brand new motor scooter. You immediately fall in love with it and offer them $2,000 for it. Your friend politely declines and states they paid $3,000 but goes on to say "I may sell you my scooter, if you pay $2,700." If your friend later refuses to go through on the deal, can you hold them liable for breach of contract? Yes, because you agreed to pay $2,700. Yes, because there was a valid offer and acceptance. No, because the value of the scooter is not equal to the value of the agreement. No, because there was never any consideration.
No, because there was never any consideration.
You haven't used your professional camera in a while, so you offer to sell it to your friend who just started photography classes at the local college. Later in the day, you start having second thoughts. You call your friend and tell her that you changed your mind, and the camera is not for sale after all. What do you think would happen if your friend tried to enforce your offer and make you sell her the camera? Your friend cannot force you to sell her the camera because you let her know you changed your mind before she accepted the offer. Your friend cannot force you to sell the camera whether she had already accepted the offer or not. Your friend can force you to sell her the camera because you made a valid offer to her. Your friend can force you to sell her the camera only if your offer to sell was in writing.
Your friend cannot force you to sell her the camera because you let her know you changed your mind before she accepted the offer.
Zayn boards the Big Rock Metro to ride downtown to his job. Zayn gives his money to the driver and takes his seat. Neither the driver nor Zayn says anything. Zayn and the bus driver: have an implied contract. have a formal contract. have an express contract. have no contract.
have an implied contract.
Milo is the owner of a sporting goods store that has only been open for three months. The holiday season is coming up, and Milo realizes that he will need extra help. Milo asks his friend Jess to help him out at the store. Milo and Jess agree that Jess will work during the months of November and December. However, because Milo is unsure how much help he will need and how much he will be able to pay, they agree to decide each week on the hours that Jess will work for the following week, and to decide the hourly rate after Jess has worked two weeks before she receives her first paycheck. Just before November 1, Jess takes a job at another store. If Milo tries to sue Jess for breach of contract, the court will probably decide: that the parties had a contract, but the damages could not be ascertained because the hourly rate and number of hours had not been determined. that the parties had no contract because the terms were not in writing. that the parties had no contract because the terms of the offer were not definite. that the parties had a contract, and Jess breached the contract.
that the parties had no contract because the terms of the offer were not definite.
Why would parties use accord and satisfaction regarding a negotiable instrument? Choose 2 answer choices. The parties could wish to end the obligation without further conflict. Accord and satisfaction is a legal method to force both parties to perform the terms of the original instrument. The parties could use it as a first step to filing a lawsuit. The parties might wish to avoid a lawsuit.
The parties could wish to end the obligation without further conflict. The parties might wish to avoid a lawsuit.