BLAW Practice Quiz 3

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B

Fez makes and sells camping gear. Fez and Gobi enter into a contract for 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 delegation. B an assignment. C a third-party beneficiary contract. D prohibited.

B

Grain Co-op LLC and Hearty Cereals Inc. discuss the terms of a contract for deliveries of corn over a two-year period. This transaction falls within the provision of the Statute of Fraud involving A collateral promise. B the one-year rule. C all of the choices. D transfers of interests in real property.

C

Twig is fifteen. In most states, for contractual purposes, Twig would be considered a minor until she is A sixteen. B seventeen. C eighteen. D twenty-one.

C

Von, a minor, wants to return a set of skis that he bought from Winter Sports. He used—and wrecked—the skis. In a state in which a duty of restitution is imposed, Von most likely A can return the skis "as is" and avoid further liability. B is not required to return the skis due to his or her minority. C must return the skis and pay for the damage. D cannot return the skis unless they can be fully restored.

True

A third party's right to control the details of performance of a contract indicates that the third party is an intended beneficiary. True False

False

An innocent party who does not suffer harm as a result of misrepresentation can nevertheless collect damages. True False

C

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 bilateral mistake does not afford relief from a contract. B a mistake of value does not afford relief from a contract. C a unilateral mistake does not afford relief from a contract. D the price was below the prices of comparable services.

C

Deb is a minor. She can enter into any contract an adult can, provided A The adult is willing to enter into contracts with minors. B Deb is willing to disaffirm the contract. C The contract is not one prohibited by law for minors. D An adult is willing to ratify the contract.

True

Parol evidence can be introduced at trial to correct an obvious clerical error in a contract if the error clearly does not represent the parties' agreement. True False

D

To cater a holiday banquet, Food Service LLC agrees to buy one hundred pumpkin pies from Great Desserts Inc. To be enforceable, the agreement must be in writing if the pies cost at least A $100. B $250. C $499. D $500.


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