questions from quizzes

Aidan and Oscar form a contract under which Oscar is to perform gardening services for Aidan for eleven months. For six months, Oscar performs the services, and Aidan pays him. Aidan's mother, Mary, becomes ill and is unable to care for her garden. Aidan, Oscar and Mary agree that Oscar will no longer care for Aidan's garden but instead will care for Mary's garden for the remainder of the year, and the Mary will pay Oscar, not Aidan. The new contract is a novation. is a reformation is not valid. has been substantially performed.

is a novation.

Contract law judges whether a contact exists (and the meaning of its terms) according to what a reasonable person would think the parties meant by their words or conduct. This is called the: prospective theory of contracts reasonableness theory of contracts subjective theory of contracts objective theory of contracts

objective theory of contracts

In contract law, consideration means the genuine, willing consent of both parties. the ability of a party to enter into an otherwise legal contract. something of value received or promised in the bargain. the legality of the subject matter of a contract.

something of value received or promised in the bargain.

One of the important functions of law is to provide: jurisprudence. natural law. stability and predictability legal realism.

stability and predictability

The Florida state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as administrative law. statutory law. case law. uniform law.

statutory law.

The doctrine of judicial review allows the judicial branch to write laws when Congress is unable or unwilling to do so. the judicial branch to decide whether laws or actions of the other branches of government are constitutional. Congress to remove federal judges when their decisions do not follow public policy or are unconstitutional. the president to revoke Supreme Court decisions when they go beyond the bounds of Court authority.

the judicial branch to decide whether laws or actions of the other branches of government are constitutional.

The doctrine of judicial review allows the judicial branch to decide whether laws or actions of the other branches of government are constitutional. the president to revoke Supreme Court decisions when they go beyond the bounds of Court authority. the judicial branch to write laws when Congress is unable or unwilling to do so. Congress to remove federal judges when their decisions do not follow public policy or are unconstitutional.

the judicial branch to decide whether laws or actions of the other branches of government are constitutional.

Civil law can best be described as the law that governs relations between persons. law concerned with criminal offenses. law governing the relations among nations. federal, but not state, statutory law.

the law that governs relations between persons.

Remedies are best described as the legal way to enforce a right or redress a wrong. agency rulings to enforce existing regulations. statutes against theft. legal principles that underlie previous court decisions.

the legal way to enforce a right or redress a wrong.

If there is a material breach of contract, a court must rewrite the terms of the contract to better reflect the parties' intent. the parties must cancel the contract and create a new one. the breaching party has a cause of action to sue for damages resulting from the breach. the nonbreaching party is excused/discharged for her duty of performance, and has a cause of action to sue for damages resulting from the breach.

the nonbreaching party is excused/discharged for her duty of performance, and has a cause of action to sue for damages resulting from the breach.

Arbitration differs from other forms of ADR because the arbitrator hears the dispute and imposes a solution on the parties. the parties meet with or without attorneys in an effort to reach a resolution of their dispute. the parties select a neutral third party to evaluate their respective positions and attempt to reach a negotiated settlement. each party's attorney briefly argues the party's case before the other party, often in the presence of a neutral third party.

Correct! the arbitrator hears the dispute and imposes a solution on the parties.

On September 15, Dora paid Nemo $5,000 to hold open for ten days his offer to sell her his ranch for $730,000. On September 22, Nemo sold his ranch to Tex for $775,000. On September 24, Dora personally delivered her acceptance of Nemo's offer to sell the ranch. Dora's option rights expired when Nemo sold the ranch to Tex. Her acceptance is invalid. lthough there is a contract, Dora has no remedy since the ranch has already been sold to Tex. Dora can successfully sue Nemo for breach of a contract on the contract to sell his ranch. Dora's only remedy is the return of her option fee of $5,000

Dora can successfully sue Nemo for breach of a contract on the contract to sell his ranch.

Danielle tells Jonathan that she will sell him one of her motorcycles at some time in the future. Jonathan eagerly accepts. Do they have a valid contract? Probably not, because the terms are not definite. Probably, because the parties knew what they were discussing. Definitely not, because the offeree did not accept the offer. Definitely not, because Danielle failed to communicate the offer to the offeree.

Probably not, because the terms are not definite.

Barnes has just arrived in Memphis for a sales conference. At the airport, he jumps into a waiting cab and says only "Empire Hotel". The driver delivers him to the Empire Hotel. Does Barnes have to pay for the cab fare from the airport to the hotel? Yes, because there was an express contract in which he agreed to pay the fare. No, the law will not impose a quasi-contract in this situation. No, because he did not have a written agreement with the cab driver. Yes, there is an implied in fact contract that arose from his actions

Yes, there is an implied in fact contract that arose from his actions

Consideration is broken down into two parts: something of legal value and a type of coercive behavior. something worth at least a minimum amount. forbearance from a legal activity. a bargained-for exchange.

a bargained-for exchange.

The two basic pleadings involved in a lawsuit are a complaint and an answer. a deposition and an interrogatory. a complaint and discovery. a summary judgment and a default judgment.

a complaint and an answer.

Miguel owns property on which a gasoline station once stood. Clayton agrees to buy the land so that he can build an office on it. They include language in the contract making the purchase contingent on a scientific determination that there are no environmental problems with the property. The contingency represents a condition precedent. a concurrent condition. an implied-in-fact condition. a condition subsequent

a condition precedent.

A long arm statute allows a court in a particular state to exercise jurisdiction over a defendant from another state or country who has minimum contacts with the state in which the court is located. a resident of the state in which the court is located. any defendant from another state or country who is being sued by a citizen of the state in which the court is located. the citizens of any state that shares a border with the state in which the court is located.

a defendant from another state or country who has minimum contacts with the state in which the court is located.

A long arm statute allows a court in a particular state to exercise jurisdiction over a defendant from another state or country who has minimum contacts with the state in which the court is located. any defendant from another state or country who is being sued by a citizen of the state in which the court is located. the citizens of any state that shares a border with the state in which the court is located. a resident of the state in which the court is located.

a defendant from another state or country who has minimum contacts with the state in which the court is located.

The requirements for a valid contract do not include acceptance. consideration. a fair price. agreement.

a fair price.

With respect to a contract, a condition is a possible future event that triggers or ends a contractual obligation. the discharge of a nonbreaching party from performance of the original contract. the legal language in which the contract is written. the substitution of a third party for one of the original contract parties.

a possible future event that triggers or ends a contractual obligation.

An effective offer does not require reasonably certain terms. communication to the offeree. a reasonable price related to market value. the offeror's serious, objective contractual intent.

a reasonable price related to market value.

Liquidated damages are punishment for a default on a contractual term. a specified sum, agreed to at the time of contracting, to be paid in the event of a future breach of contract. awarded to compensate a party for technical harms apart from compensatory damages. also known as compensatory damages.

a specified sum, agreed to at the time of contracting, to be paid in the event of a future breach of contract.

Allison tells Rachel, "I think I'll sell that camping gear I bought for hiking the Pacific Trail for $250. I'm never going to make that trip." This constitutes a valid offer. . a counteroffer. . an agreement to agree. a statement of future intent.

a statement of future intent.

The mailbox rule says that an acceptance is valid only if mailed by the Post Office or some other delivery means, such as UPS. acceptance is effective on dispatch by an authorized means of acceptance. offer is valid once it is deposited in a mailbox. offer is valid only if mailed.

acceptance is effective on dispatch by an authorized means of acceptance

Jonah agrees to build a house for Beth. He fails to completely perform the contract, and Beth refuses to pay him. Jonah may be able to recover payment from Beth if he anticipatorily repudiated the contract. completed whatever he could within the time allowed by the contract. intentionally did not comply with the terms of the contract because he believe it to be oppressive. acted in good faith and his performance created substantially the same benefits as those promised in the contract.

acted in good faith and his performance created substantially the same benefits as those promised in the contract.

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of administrative law. statutory law. a Restatement of the Law. constitutional law.

administrative law.

American and English courts follow the conciliatory system of justice. adversarial system of justice. mediation system of justice. exchange system of justice.

adversarial system of justice

American and English courts follow the adversarial system of justice. mediation system of justice. exchange system of justice. conciliatory system of justice.

adversarial system of justice.

Lester agrees to buy twenty acres of land from Tina. Three weeks before the deal is to close, Lester calls Tina and says, "The deal is off!" In this situation, Lester's actions constitute . a reformation of the contract. a discharge of the contract by novation. substantial performance of the contract. an anticipatory repudiation of the contract.

an anticipatory repudiation of the contract.

In general, an appellate court will overturn the decision of a lower court only if the judge in the lower court is later found guilty of fraud or undue influence. an error was made in stating the facts of the case. an error occurred in applying the law to the case. the plaintiff lost the case; defendants have no right of appeal

an error occurred in applying the law to the case.

Ordinarily, contractual agreement is evidenced by an offer plus an acceptance. legal capacity. a valid acceptance only. an offer alone.

an offer plus an acceptance.

In contract law, tender is defined as having kind feelings for others in a contractual relationship. an unconditional offer to perform by one who is ready, willing, and able to do so. a contract condition. the revision of a contract by the substitution of one contract party for another.

an unconditional offer to perform by one who is ready, willing, and able to do so.

otor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain documents in A-Z's possession relating to the contract. access to the contents of A-Z's top executives' safe-deposit boxes. physical examinations of key employees of A-Z. permission for Motor Sports' president to personally inspect the contents of all of A-Z's paper records and computer files.

documents in A-Z's possession relating to the contract.

Forcing someone to enter into a contract through fear created by threats is known as duress. unjustifiable reliance. undue influence. collateralism.

duress.

One of the main purposes of contract law is to discourage misuse of the environment. ensure that one party does not threaten another. ensure that certain promises are legally binding. discourage harms against society.

ensure that certain promises are legally binding.

Vicky contracts with Cyrus to have him remodel the kitchen in her home. Vicky changes her mind and breaches the contract before Cyrus can begin work. As a remedy for the breach, Cyrus can seek the contract price plus interest. nothing. She breached before Cyrus began work under the contract, so he suffered no loss. expected profits from the contract the full contract price.

expected profits from the contract

Primary sources of American law include federal and state statutes, administrative regulations, constitutions, and court cases. federal and state statutes only. federal and state statutes and administrative regulations only. federal and state statutes, administrative regulations, constitutions, legal scholarship, and court cases.

federal and state statutes, administrative regulations, constitutions, and court cases.

Dale and Estelle lived along the Red River, which began to flood in the spring. Dale was well prepared for the flood, but Estelle had much of the equipment for her catering business in her basement. Dale spent 52 hours over 3 days helping Estelle move the equipment to safety. A week later Dale gets a note from Estelle: "in gratitude for your efforts, you can stay in my Lake Superior condo for free for a week this summer." Dale agreed. When Dale tried to reserve one week in the condo, Estelle told him it was fully booked and that she could not make a week available. Is Estelle contractually bound on her note to Dale?

. No, Dale only gave past consideration.

When both federal and state courts have the power to hear a case, these courts have concurrent jurisdiction. general jurisdiction. subject-matter jurisdiction. exclusive jurisdiction.

concurrent jurisdiction

When both federal and state courts have the power to hear a case, these courts have exclusive jurisdiction. concurrent jurisdiction. subject-matter jurisdiction. general jurisdiction.

concurrent jurisdiction.

Ravi, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has received a national trademark and domain name for its Web site. conducted substantial business with Ohio residents through its Web site. . interacted with at least three Ohio residents through its Web site. a commercial cyber presence.

conducted substantial business with Ohio residents through its Web site.

J-Lo prevails in her lawsuit against Posh for injuries she sustained in a car accident. As a result, J-Lo is entitled to a remedy. In the U.S. legal system, J-Lo's remedy will most likely be in the form of specific performance. injunction. rescission. damages.

damages.

Pursuant to the Federal Arbitration Act, an arbitrator's decision may be set aside by a reviewing court for all of the following reasons except disagreement by the court with the outcome of the decision on the merits. misconduct by the arbitrator. fraud or corruption by the arbitrator. abuse of power in the arbitration process.

disagreement by the court with the outcome of the decision on the merits.

The process of obtaining information from an opposing party prior to going to trial is known as discovery. service of process. excavation. internment.

discovery

Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Tranpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of fact. The court will likely do nothing. review the sufficiency of the award. set aside the arbitrator's award. review the merits of the dispute.

do nothing.

A contract will be classified as an "implied in fact" contact if it is based on: Actions and conduct of the parties Spoken words by the parties Legal requirements Written words by the parties

Actions and conduct of the parties

Kaelani has made an offer to sell Jessie her Persian rug. Before Jesie accepts, this offer will be terminated by operation of law if: The Persian rug is completely burned in a fire. All of the other options would terminate the offer. Kaelani has a car accident and dies. Jessie suffers a stroke and no longer has contractual capacity.

All of the other options would terminate the offer.

Which of the following statements would most likely be viewed as a representation of a fact? "This is a really great value." "That dress makes you look slimmer." "If you buy this lawnmower, you just cannot go wrong." "This jacket is water resistant." "This 4G phone is awesomely good."

"This jacket is water resistant."

Tanya makes an offer by mail on April 1 to sell her lake cottage to Bryan. Bryan accepts by mail on April 3. On April 4, Tanya gets a better offer for the cottage from Tyler and telephones Bryan revoking her offer. The letter of acceptance is received by Tanya on April 5. Which of the following is correct? A contract was created on April 3. A contract was created on April 5. There is no contract because the letter of acceptance arrived after Tanya revoked her offer. None of the above

A contract was created on April 3.

Best Buy puts an advertisement in the Pioneer Press, which is delivered to 100,000 subscribers. The ad shows an iPhone 4 on sale for $125. In contract law, the ad is considered: An offer because it shows Best Buy wants to sell Ridiculous because the price is too low. An invitation for the readers to come to the store to make an offer to Best Buy A marketing proposal.

An invitation for the readers to come to the store to make an offer to Best Buy

Bjorn says to Boris, "I will sell you my business law notes for $400." Boris replies by saying, "Would you consider throwing in your new Wimbledon W-6 racquet?" Bjorn replies by saying, "No." Boris made a counteroffer that Bjorn's reply - No - has rejected. Boris's reply is neither an acceptance nor a rejection, it is an inquiry. Boris's reply about the racquet has revoked the offer. Boris's reply about the racquet has rejected Bjorn's offer.

Boris's reply is neither an acceptance nor a rejection, it is an inquiry.

Contractual capacity refers to a person's legal ability to disaffirm a contract. enter into a void contract. draft a contract. Form a state of mind (contractual intent) needed to enter into a contractual relationship.

Form a state of mind (contractual intent) needed to enter into a contractual relationship.

Lyle had elbow surgery at the Bayview Orthopedic Surgery Center. During surgery, he had an allergic reaction to the anesthesia, that made him unconscious. He was transferred to the Hillside Nursing Home for treatment and recovery. When he became conscious after three days, Lyle refused to pay for his nursing care as Hillside, because he had not agreed to pay. Which of the following is correct? None of the above. Lyle must pay Hillside because his actions created an implied in fact contract. Lyle must pay Hillside because there is an implied in law contract that will prevent Lyle from being unjustly enriched by receiving free nursing care. Lyle must pay Hillside because there is an express contract.

Lyle must pay Hillside because there is an implied in law contract that will prevent Lyle from being unjustly enriched by receiving free nursing care.

past consideration is

NO CONSDIERATION

Kendra needed a dressy outfit for her cousin's wedding. She went to Affordable Fashion to shop.. The sales clerk showed Kendra a bodysuit in neon bright colors. The clerk flattered Kendra and told her how fashionable it was, and that it was the very latest in fashion. Kendra purchased it. Kendra wants to disaffirm the contract because her best friend told her the outfit was bizarre and she would be ridiculed if she wore it to the wedding. Which of the following would give Kendra grounds to rescind/ Fraud Duress Mistake Undue influence None of the above. The contract will stand.

None of the above. The contract will stand

On October 7, Connie wrote Norris a letter of inquiry about a coffee shop that Norris owned but had closed 7 months earlier. Connie asked whether Norris might be interested in selling the coffee shop and all of the restaurant equipment, and if so what the lowest price would be. On October 10, Connie received a letter of reply from Norris which stated: "We will sell the coffee shop in its current condition and the equipment for a total of $170,000." On October 15, Connie wrote to Norris stating that the building was in "not up to code" and stating, "We will do the deal if you reduce the price to $145K and we handle all building code compliance?" Norris received the letter on the 17th but Norris never replied. On October 20, Connie addressed another letter to Norris which read: "We will agree to buy the building "as is" for the amount you quoted, $170,000. Enclosed is a $25,000 deposit." Norris's letter of October 10 was an offer which was accepted by Connie when Connie mailed the letter of October 20. Norris's letter of October 10 was an offer but Connie's letter of October 15 was a mere inquiry that had no effect on the offer. Norris's letter of October 10 was an offer which was accepted by Connie when Norris received Connie's letter of October 20. Norris's letter of October 10 was an offer but Connie's letter of October 15 was a counteroffer and a rejection.

Norris's letter of October 10 was an offer but Connie's letter of October 15 was a counteroffer and a rejection.

Tyler offered by mail to sell Frannie his property in Wisconsin. Frannie mailed an acceptance on May 1. On May 2, Tyler mailed a revocation which Frannie received Mary 4. Tyler received Frannie's acceptance May 6. On May 1 when Frannie mailed her acceptance, a contract was created because Frannie used an authorized means of acceptance. . On May 2 when Tyler mailed his revocation, the offer terminated On May 6 when Tyler received Frannie's acceptance, a contract was created. On May 4 when Frannie received Tyler's revocation, the offer terminated. Since this occurred before Tyler received her acceptance, there is no contract

On May 1 when Frannie mailed her acceptance, a contract was created because Frannie used an authorized means of acceptance.

aureen sells Sal, a minor, a flat-screen TV on credit. Which of the following correctly states Sal and Maureen's rights and duties? Sal cannot disaffirm the contract unless the price was unreasonable. Maureen loses - Sal can disaffirm and have his money returned and keep the TV, since adults deal with minors at their peril. Sal cannot disaffirm the contract for the television set if it was a necessary item. Sal can disaffirm the contract and recover what he paid, but Sal must return the television set.

Sal can disaffirm the contract and recover what he paid, but Sal must return the television set.

SecondWind ran an advertisement in the StarTribune offering to sell a certain model of rowing machine for $1600 as part of a "March Madness" sale. Denice tendered the money for one of the machines, but SecondWind refused to sell her the machine. SecondWind is not required to sell the machine because Denice is the offeror and SecondWind has the power to accept or reject her offer. The advertisement constitutes an offer because the day of availability was specified. The advertisement constitutes an offer because it was communicated and definite. The advertisement constitutes an offer because the price was specified.

SecondWind is not required to sell the machine because Denice is the offeror and SecondWind has the power to accept or reject her offer.

When Stephanie was seventeen she purchased a brand new Trek bicycle to use in triathlons. Two months after the purchase Stephanie turned eighteen and decided that she no longer wanted the bicycle but, instead, wanted a car. Stephanie's contract with the Trek dealer is void, so Stephanie can get all of her money back AND keep the bike. Stephanie's contract with the Trek dealer is voidable, so Stephanie can get all of her money with a reasonable time after becoming an adult, but she MUST return the bike. Stephanie is stuck with the bike because she has reached the age of majority. Stephanie's contract with the Trek dealer is unenforceable, so Stephanie can get all of her money back any time that she chooses to return the bike.

Stephanie's contract with the Trek dealer is voidable, so Stephanie can get all of her money with a reasonable time after becoming an adult, but she MUST return the bike.

What is the critical feature that distinguishes contracts from other types of promises? None of the other answers are correct. The parties promise to give some performance now or in the future The parties must enforce the promise themselves. The law provides the parties with a remedy.

The law provides the parties with a remedy.

On July 31, Nathan mailed an offer to rent his Lake Superior condo to Kyle for one week in September. On August 3, Kyle received the offer and immediately mailed his acceptance. However, on August 2, Nathan sent a written revocation to Kyle which Kyle received August 4. Nathan received Kyle's acceptance August 5. There is a contract. Kyle's acceptance was effective August 3, when sent by an authorized means. There is no contract. Kyle's power of acceptance terminated August 2, prior to Nathan's receipt of his acceptance. There is no contract. Kyle's power of acceptance terminated August 4, prior to Nathan's receipt of his acceptance. There is a contract because the offer was irrevocable for a reasonable amount of tim

There is a contract. Kyle's acceptance was effective August 3, when sent by an authorized means.

Nadia makes an offer to sell her ski chalet to Steven by mail on July 1. On July 2, Steven mails a rejection of the offer to Nadia. On July 3, Steven changes his mind and mails his acceptance back to Nadia. On July 7, Nadia receives Steven's rejection. On July 8, Nadia receives Steven's acceptance. Which of the following is correct? There is a contract as of July 3. A contract was created on July 8. The rejection was effective when mailed on July 2. There is no contract and Steven's "acceptance" is actually a new offer.

There is no contract and Steven's "acceptance" is actually a new offer

Lola mailed an offer to Garth on March 7. Garth received the offer March 8 and mailed a rejection March 9. On March 10, Garth mailed an acceptance. Lola received the rejection on March 11, and the acceptance on March 12. There is no contract because the offer terminated when Lola received the rejection on March 11. There is no contract because the offer terminated when Garth mailed his rejection on March 9. There is a contract on March 12 when Lola received the acceptance. There is a contract on March 10 because the mailbox rule applies since Lola impliedly authorized use of the mails.

There is no contract because the offer terminated when Lola received the rejection on March 11.

Mark emailed an offer to Elaine instructing that the acceptance be made by Federal Express. Elaine mailed an acceptance on October 20 using the U.S. Mail. On October 21, Mark mailed a revocation to Elaine, which Elaine received on October 22. On October 23, Mark received Elaine's acceptance in the U.S. Mail. There is a contract as of October 20 when Elaine sent her acceptance in the U.S. Mail There is a contract as of October 23 when Mark received Elaine's acceptance in the mail There is no contract. The offer terminated when Elaine received Mark's revocation. There is no contract. The offer terminated when Mark mailed his revocation.

There is no contract. The offer terminated when Elaine received Mark's revocation.

Joyce offered to teach Ellen how to play the piano for $20 per one hour class. Ellen was not very interested in music, but she told her little sister Vicki about the offer. Vicki immediately wrote Joyce stating: "I accept your offer." Joyce received the note the next day. There is a contract. Vicki's acceptance was effective when received. There is a contract. Vicki's acceptance was effective when mailed. There is no contract. Vicki did not have the power of acceptance. There is no contract. The terms of the offer were too indefinite.

There is no contract. Vicki did not have the power of acceptance.

On Monday, Clay proposes to pay Dot $50 for a golf lesson for his daughter Jean. Dot agrees on Monday. They arrange for Jean to take the lesson from Dot on Friday. Clay agrees to meet Dot to pay for the lesson on Tuesday. On Tuesday, Clay pays Dot. On Friday, Dot teaches the lesson to Jean. Their contact is FORMED when: They agree on Monday. They put their agreement in writing later. Clay pays the $50 on Tuesday. When Dot teaches the lesson to Jean on Friday.

They agree on Monday.

Doyle, is an elderly widower who is nearly blind, but still living his home of 33 years. Doyle trusts and relies on his first cousin, Ted, to handle his business and retirement affairs. Doyle recently borrowed money using his home as collateral, and the home was appraised by the bank at $290,000. Ted has offered to purchase the home for $150,000. Doyle declined at first, but sold at $150,000 when Ted kept demanding that he do so. If Doyle wanted to have a court rescind the sale, his best grounds would be: Undue influence Fraud Duress Innocent misrepresentation

Undue influence

Gertrude was an elderly woman who had a favorite niece, Mamie. Mamie came by often to visit her and help her run her errands. One day Mamie told Gertrude that Gertrude needed to think about selling her farm to Mamie and Mamie's fiance Randy for well below the market price. Mamie told her aunt that she and Randy could not get married until Randy had some means with which to earn a living, such as farming. When Gertrude hesitated, Mamie told her that if she did not go through with the transaction, Mamie would not be able to take the time to visit or run errands in the future. Instead Mamie would have to find a second job so that she and Randy could save enough money to get married. Although nervous about the proposal, Gertrude reluctantly sold the farm to Mamie and Randy for well below the market price. More than likely, the contract for the sale of the farm is: Voidable because of duress Void because a reasonable person in this situation would not be persuaded by Mamie's arguments Voidable because of undue influence Not voidable because there was no fiduciary relationship between Mamie and Aunt Gertrude

Voidable because of undue influence

Which of the following is NOT one of the legal requirements of a valid contract? Contractual Capacity Mutual agreement Consideration Written documentation Lawful objective

Written documentation

Jensen owned farmland in Michigan. A creek flowed through the land, and Jensen used water from the creek to irrigate his crops. Sarvis purchased farmland upstream from Jensen's property and began using water from the creek to irrigate. Claiming that he had exclusive rights to the water, Jensen sued Sarvis in a Michigan state court for using the water. The court held that each was entitled to use the water every other week. Fifty years later, a similar dispute arose between two more Michigan farmers. Ellis lived upstream from Martinez and began to divert water Martinez had been using. Martinez claimed she had exclusive rights to the water and sued Ellis in a Michigan court for his use of the water. In the second case, Martinez v. Ellis, the court will most likely apply stare decisis and give Ellis exclusive rights to the water. refuse to apply stare decisis and overturn the rule because the facts of the cases are not similar. refuse to apply stare decisis because so much time has passed and cases more than a decade old are no longer considered to be precedent. apply stare decisis and divide the water rights because the facts of the two cases are similar.

apply stare decisis and divide the water rights because the facts of the two cases are similar

Anticipatory repudiation often occurs when one party experiences a sudden increase in business that makes it worthwhile to drop an existing, valid contract. a discharge by agreement is fully accepted. before performance is due, one party state that they refuse to perform, or that they are unable to perform. one party to the contract dies.

before performance is due, one party state that they refuse to perform, or that they are unable to perform.

Consequential damages are damages that punish a breaching party. small (usually $1) and simply to show that the defendant acted wrongfully. foreseeable damages caused by circumstances beyond the contract but that indirectly arise as a result of the contract's breach. . damages that compensate a party for actual losses directly resulting from the breach of contract.

foreseeable damages caused by circumstances beyond the contract but that indirectly arise as a result of the contract's breach.

Cecil is a resident of Ohio. While driving through California, he has an accident involving Lupe, a California resident. Lupe files a lawsuit in a California state court. Over Cecil, the California court has in rem jurisdiction. diversity jurisdiction. in personam jurisdiction no jurisdiction.

in personam jurisdiction

A state court can exercise jurisdiction over property located within its boundaries. This type of jurisdiction is called in rem jurisdiction. in propria jurisdiction. in-state jurisdiction in personam jurisdiction.

in rem jurisdiction.

Hector signed an employment agreement with Titan Industries. The employment agreement contained a clause mandating the arbitration of all disputes between the parties arising from the employment agreement. In the event of such a dispute arising between Hector and Titan, this clause is likely to be enforced as mandatory arbitration clauses in employment agreements are generally valid. unlikely to be enforced because of the difference in bargaining power between the parties. unlikely to be enforced because employees cannot waive their right to access courts in a private contract. likely to be enforced because arbitration is the preferred method of dispute resolution in the employment context.

likely to be enforced as mandatory arbitration clauses in employment agreements are generally valid.

An acceptance must match the terms of an offer to be valid. This is known as the mailbox rule. legal sufficiency rule. mirror image rule. specificity principle.

mirror image rule.

Venue refers to the basis for selecting a jury. primary subject matter of a case at trial. most appropriate location for a trial. procedure for appealing a case.

most appropriate location for a trial.

Cole and Lindsay agree that Cole will paint the exterior of Lindsay's house. Neither of them ever mentions when Cole is to do the work. Cole now must complete the painting within thirty days. has no obligation to paint the house, because without a time set for performance Cole and Lindsay do not have a valid contract. must perform under the contract within a reasonable time. must begin the work immediately.

must perform under the contract within a reasonable time.

The simplest form of ADR is negotiation. arbitration. mediation. facilitation.

negotiation.

Pam's car was hit while it was parked. Pam calls A-1 Towing, tells the dispatcher the car needs to be towed, and gives her location. Pam never mentions a price and leaves before the tow truck arrives, so she does not talk with the driver or sign any documents. Pam does not owe the company for towing her car, because she did not have a chance to reject its services. does not owe the company for towing her car, because she did not know that she would have to pay. owes the company for towing her car under an implied-in-fact contract. owes the company for towing her car under an express contract.

owes the company for towing her car under an implied-in-fact contract.

Administrative agencies are created to provide more efficient government office management. perform specific government functions. act as a buffer between the executive and legislative branches of government. develop uniform rules to deal with commercial relations.

perform specific government functions.

In general, the three major phases of litigation are examination, cross-examination, and conclusion. filing, answering, and countersuing. pretrial, trial, and post-trial. motions, depositions, and interrogatories.

pretrial, trial, and post-trial

The purpose of compensatory damages is to reprimand the breaching party. provide the breaching party with a way to mitigate damages. provide the nonbreaching party with money damages equal to the losses actually sustained. punish the breaching party severely enough to ensure such behavior is unlikely to occur again.

provide the nonbreaching party with money damages equal to the losses actually sustained.

Holly owns a plot of land next to Jaran. Jaran builds a fence between their properties. Holly claims that the fence encroaches on her property and that Jaran is trying to steal her land. Jaran refuses to move the fence, claiming that he built the fence in the right place. Holly sues Jaran in a state trial court. Holly's attorney explains to her that she must prove her case by a preponderance of the evidence. This means Holly must bring more evidence to the trial than Jaran brings. show that Jaran's claim is not true. show that it is more likely than not that her claim is true. show that it is indisputable that her claim is true.

show that Jaran's claim is not true.

The general rule with regard to minors who enter into contracts is that some contracts can be avoided by the minor (i.e. the contract is voidable) such contracts can be avoided by the adult party to the contract. all such contracts are void. all such contracts are enforceable.

some contracts can be avoided by the minor (i.e. the contract is voidable)

Generally speaking, the Restatements of Law summarize the common law rules followed by most states. are not used as much as they were historically. are used only by courts of equity. summarize the 70 volumes of Federal Register rules.

summarize the common law rules followed by most states.

Dexter loses his breach-of-contract case against Micheletta in a Georgia state trial court. Dexter appeals to the state court of appeals. Losing again, he files his next appeal with a U.S. district court. the United States Supreme Court. the Georgia Supreme Court. a U.S. circuit court of appeals.

the Georgia Supreme Court.

Another term for case law or judge-made law is international law. the common law. regulatory law. the law of Indian affairs.

the common law.

aomi was a famous model. NewDay magazine mailed her an offer to do a five-page photo layout for a new line of swimsuits for $35,000. Naomi received the offer January 2. On January 3, Naomi mailed NewDay the following note: "I accept. But must have twelve pages devoted to me and accordingly, $50,000." NewDay received this note on January 5. On January 6, Naomi called them and told them she would do the modeling under the original terms. There is no contract. The offer terminated when Naomi mailed her counteroffer. There is a contract. Naomi's note did not constitute a counteroffer, hence her acceptance was effective January 3. There is a contract. Naomi's note did not constitute a counteroffer, hence her acceptance was effective January 6. There is no contract. The offer terminated when NewDay received Naomi's counteroffer.

there is no contract. The offer terminated when NewDay received Naomi's counteroffer.

Illegal contracts are . held to be valid if the court finds the purpose to be "done in good conscience." valid only if both parties were unaware that the contract was illegal. valid only if the parties knew that the subject matter was illegal. void.

void