BSAD Test One
Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is
Effective
Lon says to Misty, "I would like to sell you my sofa."" This statement is
An invitation to negotiate, not an offer
Todd signs a lease with Audubon Apartments to lease a one-bedroom apartment for the next year for $650 per month. Daisy signs on Audubon Apartment?s s behalf as their agent. Todd and Audubon Apartments have executed a(n):
Express Contract
Vicky asks Walt, a cobbler, to repair a pair of boots. There is no discussion of a price, and Vicky and Walt do not sign any documents. After the repair, Walt hands Vicky a bill. With respect to Vicky's obligation to pay the bill, this is
Implied Contract
Nicholls State University contracts with a construction company to build its new greenhouse. The elements of this, and any other contract include:
Legality
For a court to determine if a contract has been breached and to give an appropriate remedy, the offer must include terms that are at least
Reasonable definite
Nevin negotiates a deal for the sale of twenty-five acres of farmland to Otis. Nevin promises to hold the offer open in return for a small payment but does not state an exact period of time. With respect to this offer
a reasonable period of time is implied.
Stewart has been eyeing Ben's new watch, as he finds it to be very "clean" looking. He makes an offer to Ben to purchase the watch for $18.00. Ben accepts the offer. In order for this to be a valid contract, it requires
a valid offer and a valid acceptance
A valid contract requires
an offer and an acceptance
What is not an element of a contract:
formality
Field Construction, Inc., contracts with M Ranch to build a new barn on M's property for which M agrees to pay. The elements of this, and any other, contract include
legality
For a contract to be considered valid and enforceable, the parties to a deal must
manifest their voluntary consent to the same bargain
Rena asks Sully, "Do you want to pay me to repair your forklift?" This is
not an offer, because the terms are not definite
Gaia tells Franco that she will pay him $50 to haul lawn debris from her property. Franco's acceptance is complete
only after he hauls away the debris
Lewis enters into a contract with Thibodaux Taxi to work as a driver. Under the plain meaning rule, if the contract's writing is clear and unequivocal, the meaning of the terms must be determined from
only the document itself
National Grocers, Inc., enters into a contract with Overland Shipping Company for the delivery of a shipment of fresh produce. If ambiguities appear in the contract, they will be construed against the
part who drafted the contract
Generally, there are a few formal requirements to a contract. However, in the state of Louisiana this type of contract must be in writing
sale of immovable property
Rafi offers to sell his sailboat, Sea Siren, to Tara for $50,000. Referring to the prices for similar vessels, Tara says, "I'll pay no more than $40,000." Rafi's offer is
terminated
Kelly offers to sell a certain used forklift to Lumber Outlet, but Kelly dies before Lumber accepts. Most likely, Kelly's death
terminates the offer
Fresh Agro Inc. offers to deliver produce to Growers' Market for a certain price. Fresh's intent to extend an offer is determined by reference to Fresh's
words and actions