BLR Chapter 12-15
Quasi contracts are imposed on parties in the interest of fairness and justice. T/F
True
The modification of a contract may be fair and equitable in view of circumstances not anticipated by the parties when the contract was made. T/F
True
If a mistake concerns the quality of the object of the contract, the mistake is one of fact, and the contract normally is enforceable. T/F
False
If a person was sufficiently intoxicated to lack mental capacity, his or her contracts are void. T/F
False
If contracting parties attach materially different meanings to a contract word or term subject to more than one reasonable interpretation, the contract is void. T/F
False
Putting up an item for sale on an online auction site is an offer. T/F
False
Under the objective theory of contracts, a contract is not enforceable without a clearly defined objective. T/F
False
Any confirmation, invoice, sales slip, check, or e-mail may constitute a writing that satisfies the Statute of Frauds T/F
True
For purposes of fraudulent misrepresentation, scienter clearly exists if a party asserting a fact knows it is not as stated. T/F
True
In the context of fraudulent misrepresentation, an opinion is objective and a basis for fraud. T/F
True
To disaffirm a contract is to deny its existence. T/F
False
For an e-signature to be enforceable, however, the contracting parties must have agreed to use electronic signatures. T/F
True
A landlord can avoid liability for injuries that occur on rental property by including an exculpatory clause in the lease T/F
False
An innocent party who does not suffer harm as a result of a misrepresentation can nevertheless collect damages. T/F
False
An offer must express reasonably definite terms to be effective—no term may be reasonably inferred. T/F
False
An offer that can be accepted simply by a promise to perform does not create a binding contract. T/F
False
Courts normally do not enforce the terms of click-on agreements. T/F
False
A contract in which a party assumes a secondary obligation must be in writing to be enforceable. T/F
True
A contract is an implied contract if the conduct of the parties creates and defines some of the terms. T/F
True
A court usually will enforce a covenant not to compete provided its restrictions are reasonable. T/F
True
A party may have the capacity to enter into a valid contract, and the right to avoid liability under it. T/F
True
A preliminary agreement can constitute a binding contract if the parties have agreed on all essential terms. T/F
True
Acceptance is timely if it is effective before the offer is terminated. T/F
True
Acceptance of an e-contract must show that the offeree voluntarily assented to the offer's terms. T/F
True
