BLAW 3391 Exam 2 Mcinturff

Which mistake is likely to be voidable? Bilateral mistake A prediction mistake Unilateral mistake Mistakes of Value

Bilateral mistake

What must a plaintiff prove to show duress in the formation of a contract? Choose 2 answer choices. The plaintiff was incapable of voluntarily agreeing to the contract. The defendant committed a wrongful or illegal act. The plaintiff was injured or feared he or she would be injured. The defendant intended to harm the plaintiff.

The plaintiff was incapable of voluntarily agreeing to the contract. & The defendant committed a wrongful or illegal act.

Reformation of a contract is considered: a legal and an equitable remedy. a legal remedy. a quasi-remedy. an equitable remedy.

an equitable remedy.

What are the elements of consideration? Choose 2 answer choices. an exchange to which the parties agree a preexisting duty something of value from each party past consideration

an exchange to which the parties agree & something of value from each party

Evan offers to sell his 2016 John Deere Tractor to Jorge for $30,000. Jorge accepts and promises to meet Evan on Saturday to make the exchange. On Thursday, a fire on Evan's farm totally destroys the tractor. Jorge is upset, because the price of the tractor was really good, and he knows he cannot get another one for that price. If Jorge sues Evan for breach of contract, the likely result will be that: Evan's performance under the contract will be excused due to impossibility of performance. Evan must find a replacement tractor for Jorge, because the court is likely to award specific performance as a remedy. Evan will have to pay Jorge the difference between the sales price of the tractor and the price Jorge must pay to find a replacement. Evan's performance under the contract will be excused due to material alteration.

Evan's performance under the contract will be excused due to impossibility of performance.

Which of the following creates a bilateral contract? -lottery tickets -a competition with prizes -a sale of goods with payment at delivery -reward posters

a sale of goods with payment at delivery

What are the differences between legal and equitable remedies? Choose 2 answer choices. Both attempt to reform the contract. One is monetary. One requires actions instead of damages. One attempts to assist one party and penalize or restrict the other party.

One is monetary. One requires actions instead of damages.

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? Neither party is the offeror because there is no agreement to specific terms. Quon is the offeror. Fern is the offeror. Quon was the original offeror, but Fern becomes the offeror when she offers $25,000.

Fern is the offeror.

Christiana is seventeen years old and has been emancipated. Christiana shares an apartment with a roommate and totally supports herself. Christiana purchases a stereo from Best Stereo Place, Inc. and signs an installment agreement to pay for the stereo over the next twelve months. After paying on the stereo for three months, Christiana decides she no longer wants the stereo. To avoid the rest of the payments on the stereo, Christiana can: give notice to Best Stereo Place that she wishes to rescind the contract based on her minority status. just stop paying. Because Christiana is a minor, she is not required to give notice to Best Stereo. do nothing. Because Christiana signed the contract as an emancipated minor, she has no grounds to rescind the contract. ask Best Stereo Place to rescind the contract based on Christiana's minority status.

do nothing. Because Christiana signed the contract as an emancipated minor, she has no grounds to rescind the contract.

Jordynne was the manager of Pets-R-Us, a pet store in Southern Valley Mall. Pets-R-Us had a one-year lease, and rent payments were $2,000.00 per month. Five months into the lease, Jordynne found a better site for the pet store. She notified Southern's manager, vacated the mall, and moved her store to its new location. After two months, Southern was able to re-lease the premises to another retail store, but at a reduced rent of $1,800.00 per month. If Southern successfully sues Pets-R-Us, Southern will likely receive: $4,000.00 in damages. $14,000.00 in damages. nothing, because Southern was successful in obtaining a new tenant for the property. $5,000.00 in damages.

$5,000.00 in damages.

Tyler entered into a contract with Leah to provide supplies for her business. What form can the writing of the contract take? Choose 3 answer choices. A check Several separate documents written over time An email An invoice

A check An email An invoice

For which of the following contracts would a court be likely to grant a remedy of specific performance? Select all that apply. A contract for the painting of a portrait A contract for the sale of land A contract for the sale of a Picasso painting A contract for the sale of 100 plain white shirts

A contract for the sale of land A contract for the sale of a Picasso painting

In general, which of these contract terms is NOT required to meet the requirement of definiteness? Acceptance The subject matter of the contract The parties involved The time of payment

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 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. Glen will win because all the elements required for a valid contract are present.

Alfred will win because the act of repairing Alfred's car is past consideration, and therefore no valid contract was formed.

Why is a court unlikely to grant a remedy for specific performance when a contract for personal services is breached? Because people to perform personal services are easily found in the market place. Because no personal service is unique. Because it is tantamount to court ordered involuntary servitude. Because monetary damages will always be fair and equitable.

Because it is tantamount to court ordered involuntary servitude.

Which mistake is likely to be voidable? Mistakes of Value Bilateral mistake A prediction mistake Unilateral mistake

Bilateral mistake

Which of these contracts would be enforceable, despite the existence of a mistake? Choose 2 answer choices. -Christopher agrees to sell his washer and dryer to Ella in "as is" condition. Ella thinks the set is in excellent condition and is willing to take a chance on buying it. Neither works after a few weeks of use. -Christopher agrees to sell his washer and dryer to Ella. Ella thinks the dryer uses gas instead of electricity, but she is incorrect. -Christopher agrees to sell his washer and dryer to Ella. He bought them at a yard sale and the sellers told him they were new. Ella believes they are new as well and, as a result, pays a higher price. When Ella encounters problems, a friend shows her parts that are worn. -Christopher agrees to sell his washer and dryer to Ella. Christopher overhears Ella telling her friend that she is happy she is getting such a great deal on a new washer and dryer, although Christopher knows he has used them for a year, but he does not correct her.

Christopher agrees to sell his washer and dryer to Ella in "as is" condition. Ella thinks the set is in excellent condition and is willing to take a chance on buying it. Neither works after a few weeks of use. & Christopher agrees to sell his washer and dryer to Ella. Ella thinks the dryer uses gas instead of electricity, but she is incorrect.

Which of these contracts would be enforceable, despite the existence of a mistake? Choose 2 answer choices. -Christopher agrees to sell his washer and dryer to Ella. He bought them at a yard sale and the sellers told him they were new. Ella believes they are new as well and, as a result, pays a higher price. When Ella encounters problems, a friend shows her parts that are worn. -Christopher agrees to sell his washer and dryer to Ella. Christopher overhears Ella telling her friend that she is happy she is getting such a great deal on a new washer and dryer, although Christopher knows he has used them for a year, but he does not correct her. -Christopher agrees to sell his washer and dryer to Ella in "as is" condition. Ella thinks the set is in excellent condition and is willing to take a chance on buying it. Neither works after a few weeks of use. -Christopher agrees to sell his washer and dryer to Ella. Ella thinks the dryer uses gas instead of electricity, but she is incorrect.

Christopher agrees to sell his washer and dryer to Ella in "as is" condition. Ella thinks the set is in excellent condition and is willing to take a chance on buying it. Neither works after a few weeks of use. & Christopher agrees to sell his washer and dryer to Ella. Ella thinks the dryer uses gas instead of electricity, but she is incorrect.

In which of the following scenarios is a court likely to order reformation of a contract? Select all that apply. Clerical error in the contract Fraud by one of the parties Mutual mistake by the parties Non-performance by one party

Clerical error in the contract Fraud by one of the parties Mutual mistake by the parties

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. Sales contracts under the UCC If the contract is in writing, not all terms are required to be included.

Courts can complete a contract to supply some missing items. & Sales contracts under the UCC

Logan agrees to deliver fifty pounds of crab claws to Dominique by May 15. Dominique needs the crab claws for a wedding party that Dominique is catering on May 16, so time is of the essence of the contract. Logan contacts Dominique on May 15 and tells Dominique that the earliest Logan can deliver the crab claws is on May 17. Dominique cancels the order and quickly makes other arrangements for the wedding party she is catering. Logan then demands payment from Dominique for the full contract price, and Dominique refuses. If Logan sues Dominique for damages under the contract: Dominique will have to pay or be in breach of contract. Dominique will have to pay, but Logan must deliver the crab claws. Dominique will have to pay Logan the difference between what Logan was charging for the crab claws and what Dominique eventually paid. Dominique will not have to pay because Logan breached the contract.

Dominique will not have to pay because Logan breached the contract.

Danny hires Evelyn to install a swimming pool at Danny's home for $40,000, to be completed by June 1. Evelyn completes the job on time. When Danny inspects the pool, he discovers that Evelyn used a vinyl lining, and the contract called for a fiberglass lining. Danny refuses to pay Evelyn, stating that Evelyn breached the contract because the contract was not completed according to the specifications stated in the contract. If Evelyn sues Danny for the contract price: Evelyn will probably receive the contract price less the cost to replace the pool liner with a fiberglass liner. Evelyn will probably receive the full contract price. Evelyn will probably receive restitution for any expenses she has incurred. Evelyn will receive nothing because performance under the contract was not complete.

Evelyn will probably receive the contract price less the cost to replace the pool liner with a fiberglass liner.

Melissa felt pressured into signing a contract that released her employer from any liability if she is injured on the job. What prohibited behavior under public policy could this be? Exculpatory Clause Substantive Unconscionability Restraint of Trade Procedural Unconscionability

Exculpatory Clause

Gavin and Allison are having drinks after work. After several rounds, the topic of Gavin's sports car comes up. Gavin is extremely proud of his sports car and brags about it all the time. To impress Allison, Gavin offers to sell Allison his expensive sports car for $5,000. Allison jumps at the deal, because she knows the car is worth much more than $5,000. They even write the "deal" down on a napkin, and both Gavin and Allison sign the napkin. The next morning, when Allison brings $5,000 to purchase the sports car, Gavin explodes. Gavin tells Allison that he was just kidding and that he would never sell his expensive sports car for such a low price. When Allison tries to enforce the deal: Gavin can either rescind the contract based on incapacity or ratify the contract. Allison can either rescind the contract based on incapacity or ratify the contract. Neither Gavin nor Allison can rescind the contract because it is in writing. Either Gavin or Allison can rescind the contract based on incapacity or ratify the contract.

Gavin can either rescind the contract based on incapacity or ratify the contract.

Otto orally agrees to install three wells for Green Space Energy over the next eighteen months. When the three wells are completed, Green Space Energy will pay Otto $10,000. After the first well is completed, Green Space Energy tells Otto that it does not want any more wells. Green Space Energy refuses to pay Otto for the first well, claiming that the contract was not in writing and, therefore, not enforceable. If Otto sues Green Space Energy to enforce the contract: Green Space Energy will not have to pay Otto anything because the contract was for real estate. Green Space Energy will have to pay Otto the full contract price because Green Space Energy breached the contract. Green Space Energy will have to pay Otto a reasonable price for the one well that was installed. Green Space Energy will not have to pay Otto anything, because the contract could not be completed within one year.

Green Space Energy will have to pay Otto a reasonable price for the one well that was installed.

Lupita enters into a contract with Faith to purchase a used car. At the time they sign the contract, Lupita appears to be very intoxicated. Faith notices this but signs the contract anyway. If Lupita later decides she wants to get out of the contract: Lupita cannot get out of the contract even though she had been drinking excessively. Lupita cannot get out of the contract if both parties signed it. Lupita can raise the defense of lack of contractual capacity due to intoxication. Lupita can raise the issue of undue influence, because Faith took advantage of Lupita while she was drinking.

Lupita can raise the defense of lack of contractual capacity due to intoxication.

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? No, Geraldo will not have to award the bonuses because the work of the employees is not valid consideration. 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 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.

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 contracts cannot be altered once the terms are agreed on. Yes, Jessica is entitled to the additional $75 because Anna agreed to it, forming a valid contract. 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.

No, Jessica is not entitled to the additional $75 because there is no additional consideration for the revision to the contract.

Which situation would be considered sufficient consideration for a contract to exist? 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. Alice promises to give her granddaughter $10,000. Alice's grandson quit smoking, so Alice promises to give him $5,000.

Pam agrees to pay Derek $500 if he does not sit next to her in class anymore.

Korbyn enters into a contract with Peyton to sell Peyton a 1956 roadster. The contract has a condition precedent that the roadster will pass inspection by an independent appraiser, verifying that the roadster contains all original parts and is in good working order. This contract provision means that: Peyton must have the appraisal completed within thirty days of performing the contract and provide the results to Korbyn. Peyton must pay for the roadster at the time of contracting, and Korbyn will then order the appraisal. if the appraisal is not satisfactory to both parties, the contract price will be adjusted accordingly. Peyton is not required to perform under the contract until the appraisal is complete.

Peyton is not required to perform under the contract until the appraisal is complete.

Fred and Wilma enter into a contract for horse riding lessons. Fred accidentally types the price for lessons to be $4.00 each instead of $44.00 each. Wilma wishes to enforce the contract at $4.00 per lesson. Which remedy would be most effective? Specific performance Reformation Injunction Rescission

Reformation

What are the possible remedies for a contract formed under duress? Choose 3 answer choices. Rescind the contract. Enforce the contract. Allow duress as a defense for breach of contract. Make the contract voidable.

Rescind the contract. Allow duress as a defense for breach of contract. Make the contract voidable.

Ruby, a seventeen-year-old, purchases a car from Smitz Used Auto Sales and agrees to pay for it over a period of twenty-four months. Ruby makes the payments for four months but then decides the car payment is too much for her limited budget. Ruby tells Smitz that she wants to stop making payments and that she wants out of the contract completely. The contract between Ruby and Smitz can be canceled by: Smitz, because Ruby is a minor, but Smitz must allow Ruby to keep the car. Ruby, because she is a minor, and Ruby may keep the car. Smitz or Ruby, because Ruby is a minor, and Ruby may keep the car. Ruby, because she is a minor, but Ruby must return the car.

Ruby, because she is a minor, but Ruby must return the car.

How is substantial performance involved with the classification of material breaches versus immaterial breaches? Substantial performance involves a material breach. Anticipatory repudiation determines the status of substantial performance. Substantial performance involves an immaterial breach. Substantial performance can occur with either a material or an immaterial breach.

Substantial performance involves an immaterial breach.

If the terms of an agreement seem to be very one-sided, which public policy could it be violating? Choose 2 answer choices Mutual mistake Substantive Unconscionability Duress Restraint of Trade

Substantive Unconscionability & Restraint of Trade

What are the legal differences between a material breach and an immaterial breach of contract? Choose 2 answer choices. The level of the performance of the contractual obligations Whether the court will discharge the contract The dollar amount of damages Whether a party has announced repudiation of the contract

The level of the performance of the contractual obligations Whether the court will discharge the contract

What is required for a writing to be legally sufficient to form a contract? Choose 2 answer choices. The writing must provide evidence of agreement The writing must be signed by both parties at the end of the document The UCC requires that the price be included The UCC requires that the quantity be included

The writing must provide evidence of agreement The UCC requires that the quantity be included

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. Yes, Geoffrey can enforce the deal because the contract contained valid consideration. 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.

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. 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 because silence is always an acceptance of an offer.

Yes, Sylvia will have to pay Sarah for painting the store, even though she did not verbally agree to the contract.

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: an executed contract. a unilateral contract. an executory contract. no 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 the contract violates the Statute of Frauds. apply quasi contract theory and award $130 per cubic feet, the contract price, to Harley. hold that Harley is entitled to nothing because parties are free to terminate contracts if they so choose.

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: anytime, whether or not Julian has accepted the offer. as long as Julian has not yet accepted the offer. even after Julian has accepted but before Julian has delivered the money to Owen. at no time, because offers to sell merchandise are irrevocable.

as long as Julian has not yet accepted the offer.

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. executory contract. executed contract. illusory contract.

executed contract.

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: -executory contract. -illusory contract. -executed contract. -implied contract.

executory contract.

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: -nothing, because Greencare's contract was with Mia, not Pat. -$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. -$1,000 from Mia, because there was a contract.

from Pat an amount less than the contract amount that will reimburse Greencare for expenses incurred, in order to avoid unjust enrichment.

Sylvia agrees to deliver one hundred computers to Ralph's Tech Store by Saturday. On Friday, Sylvia delivers ninety-nine computers. Ralph's Tech Store refuses to accept the shipment and accuses Sylvia of breaching the contract. By not delivering the entire one hundred computers, Sylvia: has not materially breached the contract and will be allowed the opportunity to cure by providing the one remaining computer. has materially breached the contract and must forfeit any payment for the computers. has materially breached the contract, and Ralph's Tech Store can sue for the amount it will take to get one more computer. has not materially breached the contract and can recover the full contract price from Ralph's Tech Store without any further action on Sylvia's part.

has not materially breached the contract and will be allowed the opportunity to cure by providing the one remaining computer.

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 express contract. have no contract. have an implied contract. have a formal contract.

have an implied contract.

Marie and Molly enter into a written contract to sell Marie's home to Molly. At the time the contract is executed, Marie tells Molly that for the last six months she has been sharing the home with a family of extraterrestrial beings. Marie states that she has asked the extraterrestrials to move out, but they won't; therefore, she is selling the family home to get rid of them and is willing to sell the home to Molly for well below market price. After the sale of the home is complete, Marie's children challenge the sales contract on the grounds that Marie did not have the mental capacity necessary to enter into a contract, even though Marie has not been declared incompetent by the courts. The contract between Marie and Molly can be rescinded: only if Marie's children have Marie committed. if Marie's children can prove that Marie lacked the mental capacity to comprehend the nature, purpose, and consequences of the contract. under no circumstances, because Marie was not adjudicated insane before she signed the contract. by either Marie or Molly.

if Marie's children can prove that Marie lacked the mental capacity to comprehend the nature, purpose, and consequences of the contract.

Ben and Jerry have an agreement whereby Ben will deliver ice cream for Jerry to all of Jerry's retail customers for the next three years. After delivering ice cream for the first nine months, Ben decides that this is not how he wants to spend his time. Ben does not want to let Jerry down, though, so he contacts his buddy Baskin about delivering the ice cream. To protect Jerry from liability, the contract that the parties need to form to transfer the rights and duties under the contract to Baskin and relieve Ben from all responsibility should be a(n): accord and satisfaction. rescission. novation. delegation.

novation.

Assuming there is no contract language prohibiting delegations, which of the following acts could likely be delegated? (Select two) the building of a new courthouse for the city to another contractor painting the exterior of a house to another house painter the mowing of grass in a residential neighborhood to another landscaper painting a portrait to a lesser experienced artist

painting the exterior of a house to another house painter the mowing of grass in a residential neighborhood to another landscaper

Shania offers to sell her lakefront property to Tonya for $150,000, and Tonya agrees to buy it. Tonya and Shania both sign the real estate contract, but, before they close the deal, Shania learns that a new resort is being opened on the lake. The opening of the resort will drive property prices up in the area, so Shania believes she can sell her property to someone else and get a better price on the deal. Shania tells Tonya that she has decided not to sell the property to Tonya. If Tonya sues to enforce the contract, a court will likely: -grant specific performance by requiring Shania to find a comparable piece of land for Tonya at a comparable price. -require Shania to go through with the sale. -award monetary damages to Tonya. -not enforce the contract, because people are free to choose to whom they sell their property.

require Shania to go through with the sale.

An assignment is the transfer of: rights. rights and duties. duties. personal obligations.

rights.

Landscape Supply agrees to provide Delta Lawn Service eight pallets of sod for the price of $260 per pallet. The agreement contains the following provision: "This Agreement may not be amended or modified except by an instrument in writing signed by the party to be charged with such amendment or modification." Delta decides it now needs 160 pallets of sod, and Landscape is willing to reduce the price to $255 per pallet because of the increased amount. Delta and Landscape can accomplish this change to the contract by: -signing an amendment or rewriting the entire contract to include the changed provisions only. -signing an amendment, crossing out the incorrect language and replacing it by hand with the correct terms, or rewriting the entire contract to include the changed provisions. -crossing out the incorrect language and replacing it by hand with the correct terms only. -crossing out the incorrect language and replacing it by hand with the correct terms or rewriting the entire contract to include the changed provisions.

signing an amendment, crossing out the incorrect language and replacing it by hand with the correct terms, or rewriting the entire contract to include the changed provisions.

In a unilateral contract: -the parties exchange a promise for a promise. -acceptance may occur through a promise or an act. -substantially undertaking performance prevents the offeror from revoking the offer. -the offeror may revoke the offer at any time before performance has been completed.

substantially undertaking performance prevents the offeror from revoking the offer.

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 the advertisement is a valid offer because its terms are definite. that the advertisement is a valid offer because it is in writing. 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 advertisements are not offers, but merely a request for offers.

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 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, but the damages could not be ascertained because the hourly rate and number of hours had not been determined. -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.

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 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 enforce the deal because the amount of consideration is never an issue. 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.

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): bilateral contract. unconscionable contract. illegal contract. unilateral contract.

unilateral contract.