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- 1. Open EndedThe elements of a contract are agreement, consideration, legality, and capacity.
- 2. Open EndedRobert offers to buy a car from Jane for $400. Jane must accept this offer in order to form an enforceable contract.
- 3. Open EndedIf a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be unenforceable.
- 4. Open EndedA party injured by fraud generally has the choice of suing for damages or rescinding the contract.
- 5. Open EndedExpectation interest can best be described as money spent in reliance upon the agreement.
- 6. Open EndedThe common law governs contracts for: A. services. B. real estate. C. employment. D. All of the above.
- 7. Open EndedThe Johnsons decided to sell their summer cabin on Beech Lake. They sent flyers out to all who previously had expressed an interest in buying the cabin stating that they were planning on selling their cabin. The flyer described the location of the property, the size of the lot, and the price. If one of the recipients responds by sending a letter accepting, an agreement: A. will not be formed because the flyer was sent out as an invitation to negotiate. B. will be formed because the first to respond gets the property. C. will be formed because the price is included. D. will not be formed because of the parol evidence rule.
- 8. Open EndedA force majeure event is
- 9. Open EndedA letter of intent is not likely to be enforceable unless
- 10. Open EndedA+ modeling agency signs a contract with Sandy to do a photo shoot for the local used car dealers advertising. The contract was probably written by
- 11. Open EndedBob, a house Builder, contracts with Ollie to build a house on Ollie's lot. Bob hires Rob to take his place as the Builder on this contract. What has Bob done?
- 12. Open EndedFarmers Fortune insurance has contracted with farmer Fran to ensure her crops against insect damage. The contract does not specify which insects are covered or how much damage is necessary to make a claim. The contract will probably be enforced in favor of
- 13. Open EndedIf each party's promises are listed separately in the contract, they are probably
- 14. Open EndedIf the subject of the contract includes issues that may be controversial, it is best to
- 15. Open EndedAny contract modification, the phrase, "charged with such Amendment " means
- 16. Open EndedIn determining whether parties intended to reduce their agreement to writing, which of the following factors would normally not be considered
- 17. Open EndedIn the case of scrivener's errors, commonly known as typos, of Court will usually
- 18. Open EndedNate works as a Carnival Barker. His Employment contract specifies that he can be fired if he "loses his voice." This is an example of
- 19. Open EndedOne reason you may not need a written contract is
- 20. Open EndedRalph is a professional football player. He signs a valid contract with the Jets. Later, he claims that he was also promised free use of the Jets private jet, but this was not in the contract. What type of clause in his contract would prevent him from flying away with this claim?
- 21. Open EndedRich and Archie sign an agreement in which Archie agrees to deliver ten cases of champagne in 5 days. The parties negotiated and meant to say in the written contract, delivery in 50 days. If the evidence is clear that the two parties intended to agree to 50 days, the courts will probably apply the remedy of
- 22. Open EndedStandard Provisions in a contract that are often listed under the heading miscellaneous are called
- 23. Open EndedStatements of facts about the past and present are called
- 24. Open EndedWhen a party to a contract intentionally makes the terms of a contract unclear it is called
- 25. Open EndedWhen one party to a contract fails to perform as promised it is called
- 26. Open EndedWhich of the following is generally not in the introductory paragraph of a contract
- 27. Open EndedWhich of the following is not a standard provision frequently found in contracts
- 28. Open EndedWhich of the following is not one of the four focused steps in reading a contract
- 29. Open EndedWhich of the following is not one of the three steps to amend a written contract
- 30. Open EndedWhich of the following statements is incorrect concerning arbitration?
- 31. Open EndedWhich statement is true about definitions in a contract?
- 32. Open EndedScrivener's error is another fancier name for a typo
- 33. Open EndedA contract should have a descriptive title, which is generally in all capital letters, underlined and centered at the top of the page. T or F
- 34. Open EndedAmbiguities and contracts are always interpreted in favor of what the side that wrote the contract, since they are the ones who know what the provisions are supposed to mean. T or F
- 35. Open EndedBecause details can always be added later it's better not to overwhelm a contract with specifics in the beginning. T or F
- 36. Open EndedContracts must begin with the word, whereas, in order to be legal. T or F
- 37. Open EndedEmily runs a children's clothing boutique which takes in local homemade items on a consignment basis. Her standard form contract indicates that Emily has the right to put items on sale without prior approval, but does not specify what affects the sale has on the consigners payment percentage. Her intent is to keep the same profit she would have had without the sale. She is using ambiguity in her contract to increase her sales and profit. T or F
- 38. Open EndedIn business law, a lawyer's primary job is to represent the client in contract litigation. T or F
- 39. Open EndedIt is unethical to use your lawyer as an excuse for a provision of a contract, such as, " my lawyer insist that I have a liquidated damages clause..." t or F
- 40. Open EndedLuckily, a contractor, enters into a contract with penny, a homeowner, to remodel her kitchen. The contract provides a specific completion date but does not specify what will happen if Lucky does not have the job finished by the date. So, Penny May deduct $100 per day from the contract price until the job is finished, because this is the industry Norm. T or F
- 41. Open EndedRicardo has agreed to sell his family farm to Walter for a price of $450,000. Even though both sides agree on the terms, it is still worth the money for Ricardo to hire a lawyer to write the contract. T or F
- 42. Open EndedSome Contracting parties are intentionally vague in contract terms. T or F
- 43. Open EndedThe legal term for a promise in contracts is "provision" t or F
- 44. Open EndedTypos are almost always detrimental to the validity of a contract because they cause the contract to not reflect the true agreement of the parties. T or F
- 45. Open EndedYou should hire a lawyer to review any legal papers you have to sign, including such papers as we sacraments or car purchases. T or F
- 46. Open EndedAn agreement in which parties intend to form a valid bargain, but a court declares that some rule of law prevents enforcing it is
- 47. Open EndedAn express contract
- 48. Open EndedContracts that do not arise from mutual agreement but are created by courts to avoid unjust enrichment are
- 49. Open EndedIf Jane persuades Linda into buying her horse by telling Linda that the horse runs like the wind, then Jane's statement is
- 50. Open EndedJerry offers to shovel the snow from Ben's driveway for $35. Ben replies ok. This is an example of
- 51. Open EndedJohn enters into a contract to paint Chad's house. When Chad decides on a color, John will buy the paint and paint the house for the price of $2,500. This contract is governed by
- 52. Open EndedLarry goes to his Barber who has cut his hair for the past several years. The barber proceeds to cut his hair as they talk about the most recent snowstorm to hit the area this is an example of a
- 53. Open EndedMike made the following offer to Mick: " I will pay you $500 if you agree to paint my house." Mick replied that he would at this point the contract is an
- 54. Open EndedJeff was a subcontractor, binding on a contract for Ace Corporation, the general contractor. When adding up the total of materials and labor , Jeff's secretary mistakenly move the decimal point one place, ending up with a bid of $3,500 rather than $35,000. Ace Corp. Accepted Jeff's bid, mostly because all the other bids were over $30,000. When Jeff learned of the mistake, he tells Ace Corp. That he cannot do the job for $3,500. If Ace Corp. Sues to enforce this contract, what is the most likely
- 55. Open EndedMiles purchased a lawn mower with an attached warning that said, the manufacturer is not responsible in the case of an injury caused by the lawnmower. If miles is injured because of a defect in the lawn mower and Sue's the lawnmower manufacturer, he will most likely
- 56. Open EndedLarson entered forester's Auto Mart to purchase a used car. Larson found a vehicle with a sales price of $11,000. After Forrester answered all of Larsen's questions , Forrester and Larson agreed to a sale. As Larson was leaving to get the money to pay for the car, Forester told Larson that Robert Redford formerly owned the car. Larson later learned that Robert Redford had never owned the car. If Larson seeks to rescind the deal based on Foresters statement Kama Larson will
- 57. Open EndedMark's home had burned to the ground period when he met with his insurance adjuster, she accused him of Burning Down the House, and said she would have him criminally prosecuted if he couldn't settle the claim for much less than the house was worth. Mark agreed to the settlement. If he changes his mind, he can probably rescind the settlement on the basis of
- 58. Open EndedMarty, a 16 year old Kama contracted with cream-of-the-crop Cycles to buy an $8,000 motorcycle. He agrees to make monthly payments until the purchase price plus interest were paid in full. It is 3 years later and Marty has not disaffirm the contract and has made Regular payments on the cycle since turning 18. Which of the following is correct?
- 59. Open EndedMarty, a sixteen-year-old, contracts with cream of the crop Cycles to buy an $8,000 motorcycle. Marty agrees to make monthly payments until the purchase plus interest are paid in full. Which of the following is correct?
- 60. Open EndedMentally infirmed Sasha contracts to purchase a piano for $2,500 and 60 monthly installment payments. Six months later she tries to void the contract on grounds of mental impairment. A court will
- 61. Open EndedPamela is planning to sell her home decorating store to her daughter. Pamela has
- 62. Open EndedPeter, a minor, purchased a car from Acme Motors. Using a fake ID Kama he misrepresented his age to be 18. The contract is fully executed. Which of the following is correct?
- 63. Open EndedRon, a minor, go to the hospital for treatment of the flu. On the new patient form Ron signs Kama he agrees to pay for any care and treatment he received. When billed for the treatment
- 64. Open EndedRyan, a minor, contracted to sell his Auto to Ed, a 28 year old. Ryan later refused to complete the sale. If Ed sues to enforce the contract, and will
- 65. Open EndedMost accurate statement regarding economic duress is
- 66. Open EndedVince has begun forgetting things and is becoming very difficult to get along with. He is 85, and has been ill, and is very fond of his housekeeper Annie. He gives a deed to Annie for all of his real property. At Vince's death, his children, who got only his photograph albums according to the will, ask that's a deed be set aside and the land be put back in the estate for purposes of division among all the children. The probable result will be
- 67. Open EndedWhen a business is concerned about selling to minors because of their right to disaffirm contracts, the business might protect itself by
- 68. Open EndedWhen a party to a contract makes a unilateral mistake, the contract
- 69. Open EndedWhen courts consider economic duress, they consider the following factors except
- 70. Open EndedWhich of the following is most likely to constitute fraud?
- 71. Open EndedWhich of the following is not a true statement about fraud?
- 72. Open EndedWhich of the following statements, if made by a seller who knows the statement will be untruthful, would not be misrepresentation of material fact resulting in a cause of action for fraud?
- 73. Open EndedA party to a contract has a duty to investigate the other party's factual statements. T or F
- 74. Open EndedOn her 18th birthday Laura May , my words or actions, ratify a contract she made during the previous year. T or F
- 75. Open EndedAlice offers to sell her car to Barry for $500, and Barry except. Alice's car has a market value of $1,000 but this fact is unknown to Alice. The contract is enforceable. True or false
- 76. Open EndedContract rescission can sometimes be based upon a unilateral mistake. T or F
- 77. Open EndedFrank suffers from a mental impairment due to a brain injury from a airplane accident. He contracts with Glenda to purchase her dining room furniture. A month later, he tries to void the contract. If he is unable to return the furniture, the court will not receive the agreement unless Frank can show that Glenda acted in bad faith. T or F
- 78. Open EndedFraudulent, but not innocent, misrepresentation permits the injured party to rescind the contract. T or F
- 79. Open EndedIf a minor can cancel a contract, it can be done at any time during minority or within a reasonable time after reaching minority. T or F
- 80. Open EndedIf a salesperson says this is a great car and it's really fun to drive, but the car turns out to be a lemon, the sales person has committed fraud. T or F
- 81. Open EndedPushy Pat , a persuasive salesman, talked nice Nancy Indy purchasing something she really didn't need or want. Nice Nancy may rescind the contract because of undue influence. T or F influence. T or F
- 82. Open EndedRoger, a minor, by the stereo from tuneland. Roger uses the stereo for a few months, returns it, and demands his money back. In a majority of States, Roger may return the stereo and he does not have to pay for the use of the stereo or the damages. T or F
- 83. Open EndedSpencer, age 18 and of sound mind, has the legal capacity to contract. T or F
- 84. Open EndedThe age of minority to contract in all states is 21. T or F
- 85. Open EndedTravis had too many beers at the baseball game. Ed realized Travis was so intoxicated he wouldn't know what he was doing, so he got Travis to sign a promise to sell his motorcycle today for $50. When Travis gets sober, he may void the contract. T or F
- 86. Open EndedAlfred orally promise to pay Robert a salary of $30,000 per year for 5 years and his moving expenses for up to $10,000 if Robert would quit his job and come to work with him at his manufacturing plant. Robert agreed to do so, but requested a written contract. Also assured him that the company attorney would prepare such a contract as soon as possible, but Alfred needed Robert to start at once. Accordingly, Robert sold his house, move his family, and commenced work for Alfred. He was fired without cause two months later. No written contract was never executed. Can Robert enforce Alfred's or a promise?
- 87. Open EndedBrahma entered into an oral agreement to sell 50 jet skis to Summer Sports. Brahma delivered 20 of the skis on May 1st. On June 1st summer Sports notified Brahma that it will not honor the agreement. Which statement is correct?
- 88. Open EndedClaude agrees to leave his house to Irvin for nine months, the lease to begin 6 months from the signing of the contract. Under the statute of frauds
- 89. Open EndedNon-competition Agreements are
- 90. Open EndedOn January 16th comma Deb offers to sell her waterbed to Colleen for $600. Choline accepts and agrees to pay Deb $600 on January 27th. Which of the following is correct?
- 91. Open EndedWhat are the factors leading courts away from a laissez-faire approach to contract law was
- 92. Open EndedPatty is a poor college student struggling to work and keep up with her studies. Fred, Uncle, promises to pay Patty support of $200 per month for the next 6 months. Although Fred didn't ask her to, she quits her current job in order to devote full time to her studies for the next six months. Fred makes one payment and then stops with no explanation. If Patty sues, what is the likely result?
- 93. Open EndedRobert, A minor, buys a stereo from Jane for $200. State law allows a minor to disaffirm contracts within a reasonable time after turning 18. Robert disaffirms the contract the day after turning 18 and Returns the stereo.
- 94. Open EndedShow me offers to sell Jean Goods both parties know are stolen. Jane accepts the offer, and agrees to pay for the goods. Later, Jane refuses to accept or pay for the goods. If Shelly Sue's Jane for breach of contract, what is the probable result?
- 95. Open Endedthe courts will find an implied contract when
- 96. Open EndedWalter enters a dentist office and points to a damaged tooth. The dentist, Matt, treats the truth. If Walter refuse to pay Matt and Matt sued
- 97. Open EndedWhat is not required to establish promissory estoppel
- 98. Open EndedWhich of the following represents a unilateral offer?
- 99. Open EndedWhich of the following types of property would be Goods under the Uniform Commercial Code?
- 100. Open EndedA valid contract can be legally voided by either party. T or F
- 101. Open EndedContracts for the sale of fabric, automobiles, computers, furniture, and paper clips would all be governed by Article 2 of The Uniform Commercial Code. T or F
- 102. Open EndedLucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory. T or F
- 103. Open EndedMary goes into honest Harry's electronics and purchases a TV. Mary agrees to pay for the TV in 30 days on the store's 30 days same as cash plan. This is an Executory contract. T or F
- 104. Open EndedOne purpose of contract law is to make business matters more predictable. T or F
- 105. Open EndedPaid surrogacy contracts are viewed by the Legislative majority in all states as immoral and illegal. T or F
- 106. Open EndedRobert offers to buy a car from Jane for $400 Jane must accept this offer in order to form an enforceable contract. T or F
- 107. Open EndedSome of the elements of a contract our agreement, consideration, legality, and capacity. T or F
- 108. Open EndedStrawley Corporation runs an adult bookstore in Metro City Kama leasing the building from megacorp. Then, Metro City passes an ordinance prohibiting the sales of the types of merchandise found in adult bookstores. Strawley is still bound to the contract. T or F
- 109. Open EndedUnder contract, Danielle is required to paint a room with paint chosen by the homeowners, the Flynn's. After Danielle paint the room according to the contract requirements, her duties under the contract are discharged. T or F
- 110. Open EndedUpon the recommendation of a friend, Hope hires Joey to rewire her kitchen and he completes the work within the time agreed. Then hope finds out the Joe is not a licensed electrician, and she refuses to pay him for the work. A court will enforce the agreement because otherwise hope will be unjustly enriched. T or F
- 111. Open EndedValerie promises Teresa that she will pay Teresa $75 if Teresa will clean Valerie's house by noon on Saturday. If Teresa cleans the house by noon on Saturday and Valerie pays the $75, then this is an implied, bilateral, excusatory contract. T or F
- 112. Open EndedWhen promissory estoppel is used by the courts, it is not because there is not an enforceable contract present. T or F
- 113. Open EndedA seller's form clearly states no warranty is included. The buyer's form states that the seller warrants the goods for one year. In this case
- 114. Open EndedCollector car displays his beer can collection at the local swap meet. Mary sees the collection and is interested in buying it. Carl says he will sell the collection for $1,500. Mary says she really likes the collection but is only willing to pay $1,000. Which of the following is correct
- 115. Open EndedDavid and George have a contract wherein Georgia agrees to buy Sporting Goods and equipment. Since the goods are not to be delivered for several months, they left the price open. Under the UCC, which of the following will be true?
- 116. Open EndedDick offers to sell Jane his 1955 Thunderbird convertible period before Jane can accept the offer, lightning strikes the car and it is totally destroyed which of the following is true?
- 117. Open EndedFloyd offers to sell his 1967 Ford Mustang convertible to Tim. Before they conclude their negotiations, Floyd dies. Which of the following is true?
- 118. Open EndedHensley and Boyer have been negotiating for several months over issues related to the purchase and sale of some real estate. They draft a letter of intent which
- 119. Open EndedIf an offer specifies no time limit in which to accept
- 120. Open EndedIf Morales and Rufus Supply negotiate for the purchase and sale of a supply of fuel for a three-year period of Morales' business
- 121. Open EndedIn which case is the offer still valid at the time the acceptance is made
- 122. Open EndedJack mails an offer to join that states, I offer to sell you my car for $2,000. If I don't hear from you in 10 days, I will assume you are willing to buy the car for the stated price. Jack hears Nothing by the deadline and as soon as he has a deal. What is the result?
- 123. Open EndedJamie offered to buy Kevin's bike. Jamie is the
- 124. Open EndedOn January 8th , Qualstar Incorporated sent Hylavian company a letter to sell $10,000 and Restaurant Supplies. On January 18th, Hylavian mailed a letter to Qualstar accepting the offer. Qualstar receive the acceptance letter on January 20th. On January 17th, Qualstar sent a letter revoking the offer. Hylavian receive this letter on January 21st. A contract between Qualstar and Hylavian
- 125. Open EndedOxtron Inc. sent the following price list to his customers: Which statement is correct?
- 126. Open EndedRegency Construction place an order for two hundred two-by-fours from lumberjack. If the place of delivery and time for shipping the goods are not specified, the UCC provides
- 127. Open EndedSeth told the salesperson at outdoor times that he wanted the sleeping bag that was advertised in the Sunday paper. One that would keep him comfortable if the temperature dropped to 10 degrees Fahrenheit. The sales person told says they were out of that bad, but there were two other styles that would meet his needs and the price was the same. Seth insisted he wanted the advertised bag and threatened to sue for breach of contract period which is true?
- 128. Open EndedThe intent of the offeror to extend an offer to the offeree is generally determined by reference to
- 129. Open EndedThe Johnsons decided to sell their summer cabin on beach Lake they sent Flyers out to all who previously had expressed an interest in buying the cabin stating that they were planning on selling their cabin. The flyer described the location of the property, the size of the lot, and the price. If one of the recipients responds by sending a letter accepting, an agreement
- 130. Open EndedTravel lines offered to sell 10 round trip tickets to Elaine. Travel lines stated that the acceptance must be in writing by UPS next day service. Which of the following acceptances will create a contract between travel lines and Elaine?
- 131. Open EndedVivian goes to an auction and sees a rare antique lamp that is an identical match to one she already has. At the proper time she bids on the land and is the highest bidder. Even though she's the highest bidder, the auctioneer refuses to accept her bed and withdrawals the land from the auction. Can the auctioneer do that?
- 132. Open EndedCourts normally require consideration to be approximately equal on both sides of the bargain. T or F
- 133. Open EndedDenton agreed to buy a cedar deck for the Thrashers for $7,000. After he begins to work, the Thrashers asked him to add cedar flower boxes at one side. Denton replied he would, but it would cost an extra $600 the Thrasher's would not be obligated to pay the additional some because the original agreement already obligated Denton to complete the deck for $7,000. T or F
- 134. Open EndedHilda owes Lex $3,000, which is an Undisputed amount. If she offers him her car in full settlement of the debt and he accepts, the agreement is binding and he can no longer claim she owes him anything on the original debt. T or F
- 135. Open EndedPastor Tom was employed by the first church for 40 years. On Pastor Tom's retirement there was no adequate Pension Plan Period 2 months after their retirement, a wealthy parishioner comma in consideration for pastor Tom's 40 Years of faithful service and for being such a sweet man, promise to pay him $500 per month for the rest of his life. This promise is probably not enforceable. T or F
- 136. Open EndedRaul agrees to paint Mike's house for $1,000. Before finishing, Raul states it is too hot to finish, and Mike offers to pay $1,200 if Raul finishes. Mike's statement that he will pay $1,200 is unenforceable. T or F
- 137. Open EndedSection 2 - 306 of the UCC expressly disallows output contracts in the sale of goods. T or F
- 138. Open EndedThe UCC requires consideration for agreements modifying contracts for the sale of goods. T or F
- 139. Open EndedA contract most likely will be declared unconscionable if
- 140. Open EndedAlpha and Xenon companies are both major International conglomerates. They are negotiating a contract where by Alpha will install a computer system for Xenon. One clause in the contract states that Alpha will not be liable for damages caused by the negligent installation of the computer system, except the alpha Warren's the system and will fix any problem for a period of two years after following installation. Alpha completes the installation of the computer system. Xenon loads extensive amounts of information honor System, but all of it is destroyed because Alfred negligently install the memory chips. Alpha fixes the memory, but seen on incurred significant expenses and recreated the Lost information. Xenon sues for these expenses. Alpha defends with the noted clause in the contract.
- 141. Open EndedAn insurance contract is not considered to be legalized form of gambling because
- 142. Open EndedEmation entered into a contract with a consumer, Ezra, a recent immigrant to the United States, who spoke very little English, and had no formal education. The contract provided for Ezra pay $2,500 for a computer system. The system was worth $400. If a nation sued easier for enforcement the contract, what is the most likely result?
- 143. Open EndedEmation Incorporated hires Marvin to steal trade secrets from one of its competitors for $10,000. Marvin demands half of the money upfront. A mission pays more than $5,000 but Marvin decides not to pursue theft of the Trade Secrets. A nation sues Marvin for the return of $5,000. What will the court do with his contract?
- 144. Open EndedTZ Corp. Hired Jose to bribe a foreign government official in to awarding three million dollars contract contract to TZ. TZ gave Jose $10,000 and cash to make the bribe payment and $2,000 for Jose's efforts. Instead of paying the bride, Jose pocketed all of its money. If TZ sues Jose TZ will
- 145. Open EndedWally owns 200 acres of land. Wally offers to sell the land to Robert for $1,500 per acre. Robert replies that he does not need 200 acres of land but would like to buy 40 acres at $1,500 per acre. Wally agrees to sell but does not identify which 40 acres. Later, Wally refuses to sell any land to Robert. What is the result?
- 146. Open EndedWhich of the following are generally considered to be legal offers?
- 147. Open EndedWhich of the following offers are considered to be irrevocable for a given period?
- 148. Open EndedA letter of intent summarizes progress made during business negotiations, but more importantly, it creates a binding contract. T or F
- 149. Open EndedAccording to the UCC, one or more open terms will not cause a sales contract to fail for indefinite list as long as the parties intended to make a contract and there is a reasonably certain basis for the court to determine the open terms. T or F
- 150. Open EndedApril put an advertisement in the newspaper advertising the sale of her computer for $500. Simultaneously six people responded to the ad by mail with formal written acceptances. April is bound on all six contract to sell her computer for $500. T or F
- 151. Open EndedCandy, Inc. Signed an agreement with sweet Plantation. Under the contract, candy agreed to purchase all the sugar cane sweet Plantation group during the coming season. This contract will be unenforceable due to its vagueness. T or F
- 152. Open EndedIf both parties believe they have a binding contract, this belief settles any later questions about the validity and enforceability of the agreement. T or F
- 153. Open EndedIf the offer does not specify a type of acceptance, the offeree may accept in any reasonable manner and medium. T or F
- 154. Open EndedIn seeking to determine whether there is a meeting of the minds, the courts look to how a reasonable person would objectively view the language or actions of the parties. T or F
- 155. Open EndedNella offers to sell her crop of strawberries, which have just been picked, to Morgan's Market. Since she does not specify a time limit for acceptance, Morgan's can accept the offer the following week, as long as Nella has not revoked it. T or F
- 156. Open EndedNunnsky's Retail send out newspaper inserts advertising wool suits for $50. In fact, the store had only two, out of style suits for sale at this price. Their other wool suits started at $175. This constitutes bad faith and its advertising, so consumers may have protection through State statuses. T or F
- 157. Open EndedOn Monday, Mick puts an offer in the mail to Sheri to sell his guitar for $50. Monday night when jamming with his buddies, he decides he will really miss his old guitar and has second thoughts about selling it. Tuesday morning he puts a revocation in the mail informing Sheri he has changed his mind in the guitar is no longer for sale. The revocation is effective on Tuesday morning. T or F
- 158. Open EndedRevocation is the withdrawal of an offer by the offeror. T or F
- 159. Open EndedSoftware click wrap and shrink wrap agreements limiting the manufacturer's maximum responsibility to a refund of the purchase price even if the software destroys your Hardware Drive have generally been found to be binding against consumers. T or F
- 160. Open EndedVick valve company makes valves for plumbing fixtures. At the beginning of the year, it sends out a price list addressing each one, to our valued customers. Honest Hank Hardware orders a variety of valves at the prices quoted on the price list. Vick valve must honor the prices on the list and sell valves to Honest Hank. T or F
- 161. Open EndedWhen Olga asks Sven if he wishes to sell his Harley motorcycle, he replies that he would not sell it for less than $2,000. Olga replies I accept, and hands him $2,000. A contract exists. T or F
- 162. Open EndedYou have placed an antique sofa up for auction and the auctioneer has not made any special announcements about the sale. You can withdraw the sofa at any time before the auctioneer closes the sale by announcement or by the fall of the hammer. T or F
- 163. Open EndedI'll sell you my car if I decide to sell it, is an example of
- 164. Open EndedA Promise by Derkin restaurants to buy all of the produce it needs this next year and established price from Elfredo's produce would be an
- 165. Open EndedAn agreement in which a buyer agrees to buy all the goods produced by a manufacturer is known as
- 166. Open EndedAn unliquidated debt can be described as
- 167. Open EndedIs Becky promises not to drink alcohol until she becomes a legal adult in exchange for Ben's promise of $1,000, the agreement is
- 168. Open EndedIf Crosby and Dash are in disagreement as to the exact amount of money that Crosby owes Dash Dash, then they may choose to form a new agreement as a set amount. If they both perform the new agreement, their conduct would be an example of
- 169. Open EndedIs Rudy offers Oscar $200 for his laptop valued at $600 and Oscar degrees, a court will probably
- 170. Open EndedIn the case of Worldwide Insurance V. Klopp , the Supreme Court of Delaware found
- 171. Open EndedIn January, Alex promise to pay Y-K Inc. $500 if it would refrain from filing suit against him on a breach of contract action. Y - k agreed and accepted a $5,000 check from Alex. Which of the following statements is correct?
- 172. Open EndedIn the historic case of hammer V in the historic case of hammer V. sidway, the nephew
- 173. Open EndedJamie is building a house on her lot. She invites Ernie of Ernie's excavation to bid on the excavation job. Ernie observes that the lot next to Jamie is also under excavation and the soil and that what is normal and not excessively Rocky. Based on the assumption that the soil and Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. When he starts digging, he learns there is solid rock under Jamie's lot. Ernie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Ernie sues, most likely result will be
- 174. Open EndedMarco agrees to sell clowns R Us some balloons. The contract states that clowns made by as many balloons as it wishes. The agreement is
- 175. Open EndedMario's $3,800 on her credit card. She sends the credit card company a check for $800 with the notation payment in full on the check. If the credit card issuer cashes the check
- 176. Open EndedMid-American oil how to contract with NSB company to supply 1000 gallons of oil by September 1st. The contract contained a provision which required all modifications to be written and signed by the company presidents period in early August, an executive of MidAmerican talked to the purchasing agent of NSB who orally agreed to 2 shipments of oil. One in September and the second one in December. By September 30, when only 50 gallons had been delivered, and as be sued. The likely outcome of the lawsuit is
- 177. Open EndedPeter help Jack with numerous personal and business chores towards the end of his life period two months before his death that dictated the memorandum to Peter in Greek stating. Peter is my best friend I have in this country Kama he treats me like a father and I think of him as my own son. For all of the services Peter has given me all these years, I owe him the amount of $50,000. I will shortly change my will to include him as my heir. Jax signed the memorandum, but he did not fact alter his wife to include Peter. This was a real case. The Utah appeals court would rule
- 178. Open EndedPolice officer Paul apprehend a wanted criminal and then demands the $10,000 reward offered by Crime Stoppers. Which of the following statements is true?
- 179. Open EndedThe Kelso V. International Woods products Inc. Case was an example of
- 180. Open EndedThe Plaza Hotel contracts with EZ lawn to have EZ mow the grass on the Plaza grounds for the next 10 years. However there is a clause in the contract that states if the hotel chooses, the contract maybe terminated provided Plaza pays EX $2,000 on termination. Which of the following is correct
- 181. Open EndedUnder the Uniform Commercial Code, and agreement modifying a contract
- 182. Open EndedWalter work nights as a clerk in a fast-food store. On his last work shift, Walters boss told him, I'm really grateful for the year that you have worked here. I'm going to give you a bonus of $1,000 in your paycheck. When Walter got his last paycheck, there was no bonus. If Walter sues the likely result will be
- 183. Open EndedWhat phrase explains how a requirements contract can be valid
- 184. Open EndedZero Inc. Agreed to build Millie a storage building for $8,000 after beginning the project, 0 realize that it could not complete the job and make a profit. 0 demanded $9,500 to complete the building. Milly agreed to pay the $9,500. When the project was complete Kama Millie tendered $8,000 to zero for the job. If Zero sues Millie for the remaining $1,500
- 185. Open EndedAgreeing not to open a competing business could be consideration. T or F
- 186. Open EndedAn illusionary promise is valid consideration t or F
- 187. Open EndedBilly is a liquidated debt of $3,000 to Rihanna, his personal weight trainer. Billy sends Rihanna a check for $300 on which he has Mark, payment in full. If Rihanna cashes the check she will not be able to successfully sue Billy for the remainder of the debt. T or F
- 188. Open EndedConsideration can be a promise or an act. T or F
- 189. Open EndedContracts generally do not require bargaining that leads to an exchange between the parties. T or F
- 190. Open EndedContracts in which one party agrees to buy all his requirements of certain goods from the other party are generally unenforceable because there is no definite amount t or F
- 191. Open EndedCourts enforce all promises in the interests of simple morality. T or F
- 192. Open EndedJudith is a CPA with an excellent reputation and client base. She sells her tax preparation cases to Sean, and the sales contract includes a non-compete clauses restricting Judith from opening a smaller business for two years within a 10 mile radius of her former office. If she opens a tax preparation office 5 miles away after one year, Court would probably
- 193. Open EndedMark works as a bartender at the little Nipper, a local bar period under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, ordered a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The little Nipper sues. What result?
- 194. Open EndedMike owns a house in a poor area of a large city. Mike is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Mike signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1,000. Mike thought he was signing a permission slip allowing the salesman to conduct a free water test to determine the toxins in the water. How would a court most likely describe this contract?
- 195. Open EndedPublic policy means the law that comes from the
- 196. Open EndedSuppose that any lawyer enters into an agreement with Cindy client that his fee will be a percentage of the recovery Lenny obtains for Cindy in her pending divorce. State law makes such a contingency fee Arrangement illegal in divorce actions. What will be the probable outcome if Lenny attempts to enforce the agreement?
- 197. Open EndedThe taverns secret recipe for its pizza sauce would be considered
- 198. Open EndedTo be valid a non-compete clause must be
- 199. Open EndedVirginia borrowed money from G&L Lending at 35% interest per year the state maximum interest rate is 20% per year. Virginia defaulted on the loan. What amount can G&L collect from Virginia?
- 200. Open EndedWendell, new to the area, selects a doctor from the telephone book and visits that doctor to have a splinter extracted. Beknownst 2 Wendell, the doctor has never passed the state licensing exam. Later, when when Dale discovers the truth, he refuses to pay his bill. If the doctor sues for the recovery of the fee, will the court support the doctors claim?
- 201. Open EndedWhen Muhammad was hired by Pomico, Inc., he signed the following agreement, upon termination of my employment with Pomico, I agree not to work for a competing company within 30 miles of headquarters for one year. This agreement, important to protecting secret information develop in the employer's business, is
- 202. Open EndedWhich of the following exculpatory clauses will most likely be enforceable?
- 203. Open EndedWhich of the following is an example of an exculpatory clause?
- 204. Open EndedWhich of the following relationships will ordinarily not create an insurable interest?
- 205. Open EndedGambling contract is legal unless it is specifically prohibited by State Statute. T or F
- 206. Open EndedAn agreement May violate public policy even if the agreement does not require a party to commit a crime, tort, or violate a statute. T or F
- 207. Open EndedBarbara, a skilled welder, was hired at Mainco Enterprises for a welding position. She was asked to sign non-compete clauses limiting future employment if she left Mainco. A court would be very likely to enforce the non-compete clause unless the time or Geographic restriction is unreasonable. T or F
- 208. Open EndedCynthia and Brian were friends. Brian was a daredevil. Because of his Antics, Cynthia thought Brian wasn't long for this life. Cynthia purchased a life insurance policy on Brian's life. Subsequently, Brian was killed in a car accident. Since Cynthia and Brian were friends, Cynthia had an insurance interest in his life and will be entitled to the insurance proceeds. T or F
- 209. Open EndedIf a contact is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be enforced. T or f
- 210. Open EndedIf a court finds as a matter of law that a clause of a contract was unconscionable at the time the contract was made, the court must refuse to enforce the contract. T or F
- 211. Open EndedIn many states it is illegal to lend money to to help someone gamble. T or F
- 212. Open EndedJohn was a licensed physician in Michigan. When he retired to Florida, he started providing Medical Services to the people in his condo Kama relying on his Michigan license. Isaac, Jon next door neighbor, oh John $2,000 for medical services. John will be able to enforce the contract he made with Isaac. T or F
- 213. Open EndedL&M loans Joan $400 so that she could buy her textbooks for the current semester. L&M's terms for repayment of the loan R, $200 in 2 months, $200 and 4 months, and another $100 at the end of the fifth month. The legal maximum rate of interest on this type of loan is 6% per annum. L and M's loan is usurious. T or F
- 214. Open EndedMorality plays no part of gambling contract legality. T or F
- 215. Open EndedRoger parked his car at a garage that has a large sign at the entrance saying, this garage is not liable for items stolen from a car. This type of notice is referred to as an exculpatory clause. T or F
- 216. Open EndedRudolph overhears Macys plans to go skydiving over spring break. Not really knowing Macy, but figuring it's worth a chance, Rudolph rushes out and buys an insurance policy for $100,000 on Macy's life. Macy doesn't fact meet her demise jumping out of the airplane. Rudolph can collect the $100,000. True or false
- 217. Open EndedTo be valid, an agreement not to compete must be ancillary to a legitimate bargain. True or false
- 218. Open EndedTo raise revenues, the city of st.cloud requires restaurants to purchase a special permit if they wanted to serve food in an open-air patio. This is in addition to the sanitation inspection license. While at hula taco, a restaurant in Saint Cloud, a customer notices that hula tacos permit expired. This means the customer is not legally required to pay for her food. True or false
- 219. Open EndedWhen Randy accepted a job with Burton Construction comma Randy signed the following agreement, upon termination of my employment with Buren Construction, I agree never to work for another employer as an electrician. If Randy resigns from Buren Construction, this agreement would be upheld under the theory of freedom of contract. T or F
- 220. Open EndedAn example of the type of relationship required to find undue influence would be
- 221. Open EndedDeborah purchased a boat from Sun & Surf Marine period She later learns that the salesman had made misrepresentations to induce her to make the purchase. Under UCC section 2 - 721, Deborah can rescind the contract
- 222. Open EndedGenerally, a seller has no duty to disclose facts. However, there is a duty to disclose information or facts if the disclosure is necessary to
- 223. Open EndedEthel's exercise World plans to order 3 weight machines from Pete's push, petal, and pull incorporated for a total of $15,000. Pete's demands that Ethel's friend, Moneybags, a wealthy Independent Business woman, not connected with Ethel's business in any way, I promise to pay Pete's for the three machines if those exercise world does not. Which of the following promises in this problem must be in writing to be enforceable?
- 224. Open EndedFor the purpose of the statute of frauds, and interest in land includes
- 225. Open EndedRenita, a merchant, has received a signed, written confirmation from Merchants Incorporated referring to good she had not ordered. Renita should
- 226. Open EndedRobin and Bellman Kama both Merchants, really agree to contract for the sale of $5,000 of accessories. Belman, the buyer , sends to Robin, the seller, a written confirmation of the sale, which is sufficient against Bellman under the statute of frauds and which Bellman signs. Robin does not sign. Robin fails to perform the contract and does not ship out the goods. Bellman sues. This contract is
- 227. Open EndedScott is trying to introduce oral evidence in court to alter the terms of a written contract he had with Bonnie. Bonnie has not raised the parol evidence rule as an objection to Scott's testimony. In which of the following circumstances will Scott and not be able to introduce the oral evidence?
- 228. Open EndedSonny, a a college student Tama places a telephone order for a new computer from computers Incorporated. The price of the computer is $1,500. The clerk who takes the order send Sonny a copy of the invoice. The next week, Sonny calls back and tries to cancel his order.
- 229. Open EndedThe main difference between the UCC requirement for writing a contract for the sale of goods and the common law is that the
- 230. Open EndedThe Uniform Electronic Transmission Act, ueta
- 231. Open EndedTuan is President and sole shareholder of entertainment Incorporated. Entertainment Incorporated wishes to borrow money, but to do so, the bank requires Tuan to orally agreed to personally pay the debt of the corporation if entertainment Incorporated cannot. Tuan's guaranteed to repay is
- 232. Open EndedUnder a contract for the sale of land, the statute of frauds
- 233. Open EndedVicki entered into a written contract to buy a car from Valley Motors. The written contract included a provision that stated, this writing is the full and final expression of the parties agreement, anything said before signing or while signing is irrelevant. This is
- 234. Open EndedWhen a contract falls within the statute of frauds but is not reduced to a writing, the contract is
- 235. Open EndedWhich of the following promises ordinarily must be in writing to be enforceable?
- 236. Open EndedWhich of the following types of contracts cannot be either contradicted or supplemented by evidence of Prior agreements or expressions?
- 237. Open EndedWhich of the following would suffice for a signature on a writing under the statute of frauds?
- 238. Open EndedBry Incorporated and Gangl Co. Entered into an oral agreement for the sale of 3000 sweaters. Both parties performed as required under the contract. Bry delivered the sweaters and Gangl accepted and paid for them. Since the contract is fully executed, it makes no difference that it was oral. T or F
- 239. Open EndedEither party may demand Precision of a fully executed oral contract if it was required to have been in writing under the statute of frauds. T or F
- 240. Open EndedHannah orally agrees to sell her house to Brett for $175,000. If she delivers the deed to Brett with the expectation of payment in 2 weeks and he fails to pay, most courts will not enforce the contract since it was not in writing. T or F
- 241. Open EndedParol evidence refers to anything, other than the written contract itself, that was said, done, or written before or as the parties sign the contract. T or F
- 242. Open EndedPatrick owned an acre of land which was being divided into building Lots. Nancy was interested in purchasing the corner lot. Patrick stated, I will sell Nancy a lot on Route 70 for $5,500 cash, payable on April 30th, 2012. This writing is sufficient under the statute of frauds to make the contract enforceable. T or F
- 243. Open EndedRamona, age 42, orally agreed to work for Brahma Incorporated for the rest of her life or $50,000 per year. This agreement would not be enforceable since it violates the one-year rule of the statute of frauds. T or F
- 244. Open EndedRaymond agrees to transfer an easement right to Sandra for $1,000. This contract is within the statute of frauds and therefore needs to be in writing to be enforceable. T or F
- 245. Open EndedRest-well Hotel really ordered 1000 blankets monogrammed with its initials, rwh, from tricolor textiles. Tricolor had just finished monogramming the blankets when rest well called and cancelled the order. Tricolor will be able to enforce the agreement even though there was no writing. T or F
- 246. Open EndedSweet Plantation Incorporated made a written contract with Candy Incorporated whereby Sweet Plantation agreed to supply all of the candy's sugar requirements for the next year at $0.25 per pound. A dispute arose as to how much sugar Sweet is to supply. The parol evidence rule will bar Sweet's introduction of evidence concerning the intent of the requirements of Candy. T or F
- 247. Open EndedThe original statute of frauds is the English law that began the practice of requiring written evidence of certain kinds of contracts, but now the British government has repealed the writing requirement for most contracts. T or F
- 248. Open EndedThe Uniform Commercial Code provides that, under certain circumstances a merchant may be liable on a written contract, even when the merchant has not signed it. T or F
- 249. Open EndedUnder the statute of frauds, the writing must be signed by the defendant, and must state with reasonable certainty the name of each party, the subject matter of the agreement, and all of the essential terms and promises. T or F
- 250. Open EndedWhittle sent an order over the Internet for $1,200 garage door. His name keyed into the order will only be effective as a signature sufficient to create a writing, signed by the party against whom enforcement is sought, if he follows up with a signature on paper. T or F
- 251. Open EndedE-mation, Inc hires Marvin to steal trade secrets from one of its competitors for $10,000. Marvin demands half of the money up front. E-mation pays Marvin $5000 but Marvin decides not to pursue theft of the trade secrets. E-mation sues Marvin for the return of the $5000. What will the court do with this contract?
- 252. Open EndedE-mation entered into a contract with a consumer, Ezra. Ezra was a recent immigrant to the United States, spoke very little English, and had no formal education. The contract provided for Ezra to pay $2500 for a computer system. The system was worth $400. If E-mation sued Ezra under the contract, what is the most likely result?
- 253. Open EndedWhich of the following is an example of an exculpatory clause?
- 254. Open EndedAn unliquidated debt can be described as:
- 255. Open EndedBill agrees to mow Sam's yard for $100 while Sam is away on vacation for 3 weeks. Before Sam leaves for vacation, the contract is classified as
- 256. Open EndedZero, Inc. agreed to build Millie a storage building for $8,000. After beginning the project, Zero realized that it could not complete the job and make a profit. Zero demanded $9,500 to complete the building. Millie agreed to pay the $9,500. When the project was complete, Millie tendered $8,000 to Zero for the job. If Zero sues Millie for the remaining $1,500:
- 257. Open EndedIn January, Alex promised to pay Y2K Inc. $5,000 if it would refrain from filing suit against him on a breach of contract action. Y2K agreed and accepted a $5,000 check from Alex. Which of the following statements is correct?
- 258. Open EndedAce Oil Company and Beta Oil Company discuss entering a joint venture to drill a new oil and gas well. Ace shares seismic date with Beta as they negotiate the terms of the joint venture. After 6 months (and a good amount of data provided to Beta by Ace), Beta calls off the negotiations. Beta does not offer to pay for the data provided by Ace, data which is useful to Beta's current drilling operations. If Ace sues Beta, the most likely theory Ace will use is
- 259. Open EndedOne of the main purposes of contract law is:
- 260. Open EndedWhich of the following IS NOT a basic element of a valid contract?
- 261. Open EndedAn example of a void contract would be:
- 262. Open EndedWhich of the following IS NOT a requirement of a valid contract?
- 263. Open EndedIn order to determine a party's intent in a contract case, a court will apply:
- 264. Open EndedA quasi contract may be defined as:
- 265. Open EndedA formal contract requires which of the following?
- 266. Open EndedIf the terms of a contract are clear and unambiguous, a court may not consider extrinsic evidence (any evidence not contained in the contract itself) when interpreting the document. This is known as:
- 267. Open EndedUnder the doctrine of quasi contract, a plaintiff may recover in quantum meruit, a Latin phrase that means:
- 268. Open EndedIf a court is required to interpret an ambiguous contractual term, which of the following is the court NOT likely to do?
- 269. Open EndedA quasi contract is the same as an oral contract
- 270. Open EndedJerry offers to shovel the snow from Ben's driveway for $35. Ben replies "OK." This is an example of: a. an implied, unilateral contract. b. an express, unilateral contract. c. an implied, bilateral contract. d. an express, bilateral contract.
- 271. Open EndedAs English judges were developing the common law of contracts in the twelfth and thirteenth centuries: a. most promises were found to be enforceable. b. promises were found not binding unless written and sealed. c. the term "contract" became common. d. changes in the law occurred rapidly.
- 272. Open EndedLarry goes to his barber who has cut his hair for the past several years. The barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area. This is an example of a: a. unilateral, implied contract. b. bilateral, implied contract. c. unilateral, express contract. d. bilateral, express contract.
- 273. Open EndedPatty is a poor college student struggling to work and keep up with her studies. Fred, her uncle, promises to pay Patty support of $200 per month for the next six months. Although Fred didn't ask her to, she quits her current job in order to devote full time to her studies for the next six months. Fred makes one payment and then stops with no explanation. If Patty sues, what is the likely result? a. Fred would win, as he did not ask Patty to quit her job. b. Patty would win, as a contract was formed when Fred promised to pay her the support. c. Fred would win, as family members cannot sue each other for breach of an oral promise. d. Patty may win under the doctrine of promissory estoppel.
- 274. Open EndedNoncompetition agreements are: a. more common today than they were in the past, although policy issues they raised in the 1700s have never gone away. b. now illegal, as they violate antitrust laws. c. infrequently litigated. d. relatively recent developments, first used following the Great Depression in the United States.
- 275. Open EndedThe courts will find an implied contract when: a. justice demands it. b. conduct of the parties indicates they intended an agreement. c. there is promissory estoppel. d. there is undue influence.
- 276. Open EndedCourts may award damages called "quantum meruit": a. which means "as much as he deserved." b. which is money the court believes the plaintiff morally ought to have. c. even though there was no valid contract entitling the plaintiff to it. d. All of the above.
- 277. Open EndedOn January 16, Deb offers to sell her waterbed to Colleen for $600. Colleen accepts and agrees to pay Deb $600 on January 27. Which of the following is correct? a. On January 16, the contract was executory. b. On January 16, the contract was executed. c. This contract is a unilateral contract. d. There is no contract until one party performs.
- 278. Open EndedAn express contract: a. must be in writing. b. may be inferred by the conduct of the parties involved. c. has both parties setting forth their intentions. d. is not valid in many states.
- 279. Open EndedWalter enters a dentist office and points to a damaged tooth. The dentist, Matt, treats the tooth. If Walter refused to pay and Matt sued: a. Walter would win as there was no contract. b. Walter would win because of the UCC. c. Matt would win; this is an implied contract. d. Matt would win in quantum meruit.
- 280. Open EndedJennifer has offered to sell her computer for $1750 to Jack. She tells Jack that the computer is only six months old but, in fact, the computer is three years old, and Jennifer wants to unload the lemon. Jack agrees to buy the computer based on Jennifer's representations. This contract is: a. a void agreement because of the fraud involved. b. a voidable contract, one that Jack can void. c. a voidable contract, one that Jennifer can void. d. a void contract because of the UCC.
- 281. Open EndedWhich of the following types of property would be goods under the Uniform Commercial Code? a. A promissory note. b. A stock. c. A patent. d. A computer.
- 282. Open EndedJohn enters into a contract to paint Chad's house. When Chad decides on a color, John will buy the paint and paint the house for the price of $2,500. This contract is governed by: a. the common law of contracts governs because this is a mixed contract (one for services and goods). b. the common law of contracts governs because the predominant factor of the contract is for the sale of services and not goods. c. the Uniform Commercial Code governs because a sale of goods is involved. d. both the common law and the Uniform Commercial Code will govern this contract.
- 283. Open EndedZena enters into a contract with Steeley Company to purchase a washer and dryer. She doesn't understand the financing terms, but signs the agreement anyway because she needs the appliances. The financing terms are very unfavorable to Zena, and she is unable to make all of her payments when they are due. Steeley sues. The court would: a. be exercising judicial restraint if it requires Zena to pay as she promised, even if the agreement was unfair and unwise. b. have to rewrite the contract to be fair to both parties. c. have to declare the contract void since it contained terms unfavorable to the weaker party to the transaction. d. use the theory of promissory estoppel to remedy any unfavorable terms in the contract.
- 284. Fill in the BlankServices depend on the people who provide them. As a result, their quality varies with each person's capabilities and day-to-day job performance. This element of services is referred to as __________.
- 285. Open EndedIn a tort case:
- 286. Open EndedThe elements in a defamation case are:
- 287. Open EndedJerry believes his co-worker, Ben, is using illegal drugs. Since both he and Ben are nurses, Jerry is concerned Ben's drug usage could result in injury to a patient. He tells his supervisor, Cyndi. Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure. The medication does not affect his ability to do his work. When Ben learns it was Jerry who reported him, Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs. Is Ben right?
- 288. Open EndedA salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket. In most states, Sparkle:
- 289. Open EndedDon was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed
- 290. Open EndedHowson won a lawsuit against Hardwick for intentionally inflicting emotional distress. The jury awarded Howson $500,000 in compensatory damages. It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment. How does the jury's award fit into the guidelines offered by the U.S. Supreme Court?
- 291. Open EndedIn the Exxon Valdez case, the Supreme Court:
- 292. Open EndedRunyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise:
- 293. Open EndedE-trex, Inc. wanted Shaquille O'Neal, a professional basketball player, to endorse its products. O'Neal, however, was not interested. E-trex was not deterred and hired a person who looked and sounded like O'Neal for its commercials. E-trex has:
- 294. Open EndedIn a negligence case, the plaintiff must establish:
- 295. Open EndedBarnoff, Inc. hired Jess to make home deliveries of its furniture. During one delivery, Jess found Martina home alone and attacked her. Barnoff may be held liable:
- 296. Open EndedA business will incur strict liability for damages resulting from:
- 297. Open EndedWhen a judge orders a criminal defendant to reimburse the victim, it is called:
- 298. Open EndedThe burden of proof required in a criminal case is:
- 299. Open EndedMens rea:
- 300. Open EndedThe intent required to commit a burglary would be:
- 301. Open EndedTina is an undercover police officer. One evening she is posing as a prostitute in a bar. Larry, a salesman who is attending an out-of-state convention, begins talking with Tina. After about ten minutes, Tina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Tina's hotel room, Larry asks if she is a policewoman. Tina lies and says she is not. When Larry gives her $100, Tina shows him her identification and arrests him. Larry appears to have been:
- 302. Open EndedSara sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Sara is guilty of:
- 303. Open EndedSid burned his own warehouse in order to collect on a fire insurance policy. Sid has committed:
- 304. Open EndedMiguel reprogrammed a cellular telephone so that the calls were improperly charged to another account. He has violated which statute?
- 305. Open EndedMulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:
- 306. Open EndedBarden Corporation was convicted of violating RICO. Accordingly:
- 307. Open EndedIn order to be valid, a search warrant must:
- 308. Open EndedIllegally obtained evidence is not permitted to be used at a criminal trial based upon the:
- 309. Open EndedThe country that traded the most goods with the United States, as of 2007 figures, was:
- 310. Open EndedIf a federal appellate court rules that imported Halloween costumes in question in a case are festive articles rather than fancy-dress garments, the classification of goods is significant because the:
- 311. Open EndedIf a foreign company "dumps" goods on the United States market:
- 312. Open EndedThe United States may impose a tariff on:
- 313. Open EndedTo advance foreign policy goals, the United States has threatened or imposed economic sanctions against:
- 314. Open EndedWhat is a major argument against the GATT Treaty?
- 315. Open EndedThe European Union was formerly known as the:
- 316. Open EndedThe United States and Singapore have signed the Convention on Contracts for the International Sale of Goods (CISG). Notren, Inc., a U.S. company, and SWT, a Singapore company, have entered into a contract under which SWT is to ship party supplies to Notren. One of the terms of the contract states, "The validity and performance of this contract will be governed by the Uniform Commercial Code (UCC) of the state of New York, not the Convention on Contracts for the International Sale of Goods (CISG)." The contract will be governed by the:
- 317. Open EndedWhat is a major difference between a United States lawsuit versus a French lawsuit?
- 318. Open EndedDon is considering selling goods to a foreign retailer. Don needs to consider:
- 319. Open EndedHardhat Machine Company sold goods to Irish Eyes Company of Northern Ireland. Big Bank issued a letter of credit on behalf of Irish Eyes and the letter was given to Hardhat. The documents required by the letter of credit are presented to the bank for payment while the goods are still in transit. Is Hardhat entitled to be paid?
- 320. Open EndedAcme believes that L'la, Inc., a competing company, is violating United States antitrust law based on its conduct in France. Acme has a good case if it can prove: a. L'la's conduct has a direct and substantial effect on the U.S. market. b. L'la's conduct was intended to affect the U.S. market. c. Both of the above are correct. d. Neither of the above is correct since L'la is a foreign company.
- 321. Open EndedZebra Toy Company invests a large sum of money in retail stores located in a foreign country. Zebra intends to bring its foreign earnings back home to the United States. This practice is known as:
- 322. Open EndedMagNet, a small United States computer company, started doing business in a foreign country. The foreign country later decided to take over all computer industry, including MagNet's operation. The foreign country paid MagNet inadequate compensation in United States dollars. The foreign country's action is:
- 323. Open EndedKjell is the vice president of international sales for Oxtren, Inc, a U.S. company. To secure a multimillion dollar contract for his company, Kjell paid a Mongolian governmental officer $10,000. Kjell:
- 324. Open EndedA contract is:
- 325. Open EndedIf there was no contract but a court finds that the plaintiff gave a benefit to the defendant, the plaintiff reasonably expected to be paid for the benefit and the defendant knew this, and the defendant would be unjustly enriched if he did not pay, the court:
- 326. Open EndedA resource that is not "the law," but is a codification of what the ALI regards as the best rulings of contract law and which is used by judges as a reference in deciding contracts cases is:
- 327. Open EndedKeith told Carrie, "I am going to sell my snow blower. Do you want to buy it today for $150?" Carrie replied that she did. In this situation:
- 328. Open EndedE-mation hired Jose to bribe a foreign government official. E-mation gave Jose $10,000 in cash to make the bribe payment and $2000 for Jose's efforts. Instead of paying the bribe, Jose pocketed all of the money. If E-mation sues Jose, E-mation will:
- 329. Open EndedRichard and Danita are negotiating the sale of Richard's car. Danita had been present a few months earlier when Richard bragged to a group of friends that his car got 33 miles to a gallon in city driving, which was an exaggeration. Before they agree on a price for the car, Richard:
- 330. Open EndedDallas unearths what he thinks may be a gem while he is working up a garden spot. He takes it to the local jeweler, who says he isn't sure until it is cleaned and polished, but he thinks it may be a semiprecious gem worth about $150. The jeweler offers to buy it, and Dallas is thrilled to sell for that price. If the jeweler later finds that the gem was really a precious gem worth ten times what he paid for it:
- 331. Open EndedWhich of the following contracts is enforceable without a writing?
- 332. Open EndedVicki entered into a written contract to buy a car from Valley Motors. During the negotiations, the sales representative said that the car had a two-year full warranty. The written contract included a provision that stated, "This writing is the full and final expression of the parties' agreement, and anything said before signing or while signing is irrelevant." The written contract did not include a warranty. Two months after Vicki took delivery of the car, she discovered that the transmission needed to be replaced. Vicki claimed that it was covered by the full warranty. Will Vicki be able to present evidence as to the sale representative's statements concerning the warranty?
- 333. Open EndedIn many states it is illegal to lend money to help someone gamble.
- 334. Open EndedTo raise revenues, the City of St. Cloud required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. While at Hola Taco, a restaurant in St. Cloud, a customer notices that Hola Taco's permit expired. Because Hola's Taco's permit expired, the customer is not legally required to pay for her food.To raise revenues, the City of Water Valley required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. (This is in addition to the sanitation inspection license.) While eating at Water Valley Taco Palace, Claire notices that Taco Palace's patio permit expired. Claire is still legally required to pay for her food.
- 335. Open EndedJohn did not have a license to practice medicine in Florida. Nevertheless, when he retired to Florida, he started providing medical services to the people in his condo. Isaac, John's next-door neighbor, owed John $2000 for medical services. John will not be able to enforce the contract he made with Isaac.
- 336. Open EndedThe UCC deals with unconscionability in a contract by providing that a court may:
- 337. Open EndedWhich of the following relationships will ordinarily not create an insurable interest?
- 338. Open EndedEintz Corp. hired Jose to bribe a foreign government official. Eintz gave Jose $10,000 in cash to make the bribe payment and $2000 for Jose's efforts. Instead of paying the bribe, Jose pocketed all of the money. If Eintz sues Jose, Eintz will:
- 339. Open EndedJudith is a CPA with an excellent reputation and client base. She sells her tax preparation business to Shawn, and the sales contract includes a noncompete clause restricting Judith from opening a similar business for two years within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably:
- 340. Open EndedAn exculpatory clause is generally unenforceable when:
- 341. Open EndedTo be valid, a noncompete clause must be:
- 342. Open EndedThe Tavern's secret recipe for its pizza sauce would be considered:
- 343. Open EndedIf a court finds as a matter of law that a clause of a contract (EX: SUPERIOR SIDING) was unconscionable at the time the contract was made, the court must refuse to enforce the contract.
- 344. Open EndedL & M loaned Joan $400 so that she could buy her textbooks for the current semester. L & M's terms for repayment of the loan (including interest) are, $200 in two months, $200 in four months, and another $100 at the end of the fifth month. The legal maximum rate of interest on this type of loan is six percent per annum. L & M's loan is usurious.
- 345. Open EndedE-mation entered into a contract with a consumer, Ezra, a recent immigrant to the United States, who spoke very little English, and had no formal education. The contract provided for Ezra to pay $2500 for a computer system. The system was worth $400. If E-mation sued Ezra for enforcement the contract, what is the most likely result? The contract is enforceable because of the Statute of Frauds. The contract is enforceable because of the parol evidence rule. The contract is enforceable because of the underlying reference rule. The contract is unenforceable because it is unconscionable.
- 346. Open EndedIn the case of Worldwide Insurance v. Klopp, the Supreme Court of Delaware found that: A) a contract provision requiring arbitration and then permitting appeal by either party was void as unconscionable. B)the contract provision requiring arbitration was clear, unambiguous, and fair to both parties. C)the arbitration clause in Klopp's auto insurance contract was valid because it furthered the state policy favoring the use of arbitration to resolve disputes. D)the automobile insurance policy was governed by UCC, Article 3
- 347. Open EndedSuppose that Lenny Lawyer enters into an agreement with Cindy Client that his fee will be a percentage of the recovery Lenny obtains for Cindy in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Lenny attempts to enforce the agreement? A)The contract will be valid. Cindy would not have been able to afford an attorney otherwise and therefore Lenny was doing a public service. B) The contract will be voidable at Cindy's option. C)The contract will be void as violating a statute. Lenny will not be able to recover anything.
- 348. Open EndedWhen Mohammed was hired by Pomico, Inc., he signed the following agreement, "Upon termination of my employment with Pomico, I agree not to work for a competing company within 30 miles of Pomico's headquarters for one year." This agreement, important to protecting secret information developed in the employer's business, is: A)an unenforceable exculpatory agreement. B) an unenforceable usurious agreement. C)an enforceable bailment agreement. D)an enforceable agreement not to compete.
- 349. Open EndedMike owns a house in a poor area of a large city. Mike is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Mike signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Mike thought he was signing a permission slip allowing the salesman to conduct a free water test to determine the toxins in the water. How would a court most likely describe this contract? A)The contract is fully enforceable as written. B) The contract is unenforceable because it is unconscionable. C)The contract is enforceable, but only up to the value of the water system. D)The contract is unenforceable because it is exculpatory
- 350. Open EndedIn bailment cases, exculpatory clauses: A) are very rarely used. B)are somewhat more likely to be enforced than in other types of cases. C)ordinarily involve an attempt to limit liability for damage to persons rather than property. D)None of the above.
- 351. Open EndedWendell, new to the area, selects a doctor from the telephone book and visits that doctor to have a splinter extracted. Unbeknownst to Wendell, the doctor has never passed the state licensing exams. Later, when Wendell discovers the truth, he refuses to pay his bill. If the doctor sues for recovery of the fee, will the court support the doctor's claim? A) Yes, it was up to Wendell to verify the doctor's qualifications prior to having the splinter extracted. B) No, the court is likely to take the position that it is not in the public's best interests to enforce contracts with unlicensed doctors. C) It depends on whether Wendell's injury healed properly.
- 352. Open EndedLarson entered Forrester's Auto Mart to purchase a used car. Larson found a vehicle with a sales price of $11,000. After Forrester answered all of Larson's questions, Forrester and Larson agreed to a sale. As Larson was leaving to get the money to pay for the car, Forrester told Larson that Robert Redford formerly owned the car. Larson later learned that Robert Redford had never owned the car. If Larson seeks to rescind the deal, Larson will:
- 353. Open EndedIn a majority of states, a minor cannot avoid a contract if the minor cannot return all of the benefits received from the other person.
- 354. Open EndedIf both parties to a contract are mistaken about a fact, it is a unilateral mistake.
- 355. Open EndedA contract voidable because of capacity may only be canceled by the party lacking capacity.
- 356. Open EndedPromises made in consideration of marriage must be in writing to be enforceable.
- 357. Open EndedAny contract involving a sale of goods of $100 or more must be in writing: FALSE
- 358. Open EndedRudolph overhears Macy's plans to go skydiving over spring break. Not really knowing Macy, but figuring it's worth a chance, Rudolph rushes out and buys an insurance policy for $100,000 on Macy's life. Macy does in fact meet her demise jumping out of the airplane. Rudolph can collect the $100,000.
- 359. Open EndedCynthia and Brian were friends. Brian was a dare devil. Because of his antics, Cynthia thought that Brian wasn't long for this life. Cynthia purchased a life insurance policy on Brian's life. Subsequently, Brian was killed in a car accident. Since Cynthia and Brian were friends, Cynthia had an insurable interest in his life and will be entitled to the insurance proceeds.
- 360. Open EndedWhen Randy accepted a job with Buren Construction, Randy signed the following agreement, "Upon termination of my employment with Buren Construction, I agree never to work for another employer as an electrician." If Randy resigns from Buren Construction, this agreement would be upheld under the theory of freedom of contract.
- 361. Open EndedThe court finds as a matter of law that a clause of Superior Siding's contract was unconscionable at the time the contract was made. The court must refuse to enforce the contract.
- 362. Open EndedWHICH IS TRUE: If a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be enforceable.
- 363. Open EndedThe mirror image rule applies to: a. an offer b. a rejection c. a revocation d. an acceptance
- 364. Fill in the BlankA _________ contract is defined as one that may be treated as void or valid at the option of the innocent party. a. Valid b. Void c. Voidable d. Unenforceable
- 365. Open EndedRobert offers to sell Sam his home for $175,000. The offer is made on November 7, 2013, and Robert files bankruptcy on November 8, 2013. The bankruptcy court refuses to approve Robert's offer to Sam. Can Sam sue Robert for specific performance? a. Yes. b. No.
- 366. Open EndedPatrick offers to buy Tyler's iPad. By what means can Tyler terminate Patrick's offer? I. Revocation II. Rejection III. Counteroffer a. I only b. II only c. III only d. II and III only e. I, II and III
- 367. Open EndedA contract with a person who is under a court ordered guardianship is voidable. a. True b. False
- 368. Open EndedAn auction sale where the auctioneer sells the items without stating any minimum acceptable bid is said to be: a. with reserve b. subject to a condition subsequent c. conditional d. without reserve
- 369. Fill in the BlankA(n) _____________ contract is one that is technically valid, but a legal reason prevents the courts from enforcing it. a. Valid b. Voidable c. Void d. Unenforceable
- 370. Open EndedPaul promises to help Sherry study for her Business Law test if Sherry will go grocery shopping for him at Kroger. Sherry accepts this offer if she promises to go grocery shopping for Paul at Kroger a. True b. False
- 371. Open EndedNick picks up a six-pack of Budwseiser and a 2 pound bag of Oreos at James Food Center. Before getting to the check-out counter, he opens the Oreos and eats about half a bag. Nick then washes down the cookies with a couple of beers. When he signs the charge ticket that Zerk gives him, Nick has made a(n) a. express contract b. formal contract c. quasi contract d. implied contract
- 372. Fill in the BlankA(n) ___________ contract is a promise, or set of promises, the breach of which the law provides a remedy. a. Valid b. Void c. Voidable d. Unenforceable
- 373. Open EndedKathy offers to sell Mies her house for $95,000, and she tells Mies that the offer will be open for ten days. By the eighth day, Mies has not accepted the offer and Kathy gets angry and she tells Mies that the house is no longer for sale. On the morning of the tenth day, Mies informs Kathy that he is accepting her offer of $95,000. Because Kathy promised to keep the offer open for ten days, Mies can still legally accept it under these circumstances. a. True b. False
- 374. Open EndedWhich of the following is not an essential element of an offer? a. Consideration b. Intent to make a contract c. Definiteness of terms d. Communication to offeree
- 375. Open EndedA negotiable instrument, such as a check, is a type of formal contract. a. True b. False
- 376. Open EndedAssume that Chris goes to Algonquin J. Calhoun, Esquire, to represent him for a DUI and after verbally agreeing to do the work for Chris, Calhoun charges him $5,000, which is a fair fee. Chris takes bankruptcy after Calhoun gets the DUI dismissed, and the lawyer's bill is discharged. Is this debt void, valid, voidable or unenforceable? a. Valid b. Void c. Voidable d. Unenforceable
- 377. Open EndedAunt Bea promises her 21-year old nephew, Opie, that she will pay him $500 if he will agree to quit smoking pot, eventhough Opie has a valid prescription for the drug. Under these circumstances, can Opie's agreement to quit smoking pot be consideration? (can Opie's forbearance from smoking pot be considered)? a. Yes = TRUE b. No
- 378. Open EndedWhich of the following are the two basic elements to consideration? a. Bargained-for exchange and legal sufficiency b. Legal detriment and legal benefit c. Legal sufficiency and legal adequacy d. Promise and forbearance
- 379. Open EndedThere is adequate consideration to support what might otherwise be a voidable contract when the value of what the first party to the contract receives under it is comparable to what he or she give to the second party. a. True b. False
- 380. Open EndedWhich of the following are examples of tort reform? I. Caps on non-economic damages II. Arbitration and mediation III. Limits on punitive damage awards a. I only b. II only c. III only d. I and III only e. I, II and III
- 381. Open EndedA hunter who has permission to hunt on someone else's property falls into which category: a. Trespasser b. Licensee c. Invitee d. None of the above
- 382. Open EndedParker offers to sell his diamond earring to Kate. Lawrence overhears the offer and says, "I accept the offer." Can Parker still revoke this offer under these circumstances? a. Yes b. No
- 383. Open EndedThe terms "nuisance" and "trespass to property" refer to entirely different INTENTIONAL torts. a. True b. False
- 384. Open EndedUnder what law in Mississippi can a person be justified in using force to protect themself from an intruder in their home or work place? a. Assumption of Risk b. Comparative Negligence c. Respondeat Superior d. Castle Doctrine
- 385. Open EndedOral contracts are sometimes valid. a. True b. False
- 386. Open EndedWhat duty of care does Miller owe someone who is intruding on her property? a. The duty not to intentionally harm him. b. The duty to warn him of obvious defects. c. The duty to warn him of hidden defects. d. The duty of reasonable care not to harm him.
- 387. Open EndedUnder pure contributory negligence, each party's negligence is measured in terms of percentage of fault for the entire accident, and any damages allowable to the plaintiff shall be diminished in proportion to amount of negligence attributable to the plaintiff. a. True b. False
- 388. Open EndedWhich of the following is NOT and element of a tort cause of action: a. Duty b. Breach of Duty c. Probable cause d. Damages e. None of the above
- 389. Open EndedAn unexcused violation of an applicable statute that injures another person causes a tortfeasor to be guilty of: a. Negligence per se b. Strict liability c. Gross Negligence d. Assumption of risk
- 390. Open EndedSilence can be an acceptance of an offer if the offeree had a duty to speak up. a. True b. False
- 391. Open EndedWhich of the following will support a contract? a. an illusory promise b. giving a return promise c. past consideration d. a pre-existing public obligation
- 392. Open EndedFrank, an accountant, says to Missy, "I'll sell you my laptop for $100." Missy asks, "Will you give me until tomorrow to make up my mind?" "Sure," Frank replies. Which of the following is true? a. Frank cannot revoke his offer, no matter what. b. Frank cannot revoke his offer if Missy pays him $5 to keep the offer open until tomorrow. c. Frank can revoke his offer no matter what, because he is not a merchant. d. Frank can revoke his offer no matter what, because no promise was in writing.
- 393. Open EndedWhile they're sharing a bottle of wine, Carol says, "Pam, you're my best friend in the world. I just inherited a million bucks, and I want you to have some of it. Come with me to the bank tomorrow, and I'll give you $10,000." "Sweet!" Pam replies. Later that day, Carol has a change of heart. She is allowed to do so. Examine the list of the elements of a contract, and give the correct reason. a. The agreement was not put into writing. b. The agreement lacks a legal purpose. c. Pam did not give consideration. d. Pam does not have the capacity to make a contract.
- 394. Open EndedIf Jay is 18 years old, under Mississippi law, he is no longer considered a minor. a. True b. False
- 395. Fill in the BlankAfter the final out of the World Series, Dean orders a new Red Sox championship edition hat from Amazon. At the moment he submits his order, Dean and Amazon have an ______________ contract. Two days later, Amazon delivers the hat to Dean's house, and Dean's credit card has cleared. At this point, Dean and Amazon have an ______________ contract. a. executory; executory b. executed; executory c. executory; executed d. executed; executed
- 396. Open EndedRebecca, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer. See you June 1. Can't wait!" On June 1 Spike arrives, to find that his position is filled by Gus. He sues Rebecca. REBECCA, in Honolulu, faxes a job offer to Spike, in Pittsburgh, saying, "We can pay you $55,000 per year, starting June 1." Spike faxes a reply, saying, "Thank you! I accept your generous offer, though I will also need $3,000 in relocation money. See you June 1. Cant wait!" On June 1 Spike arrives, to find that his position is filled by Gus. He sues Rebecca. a. Spike wins compensatory damages. b. Spike wins $58,000. c. Spike wins $3,000. d. Spike wins restitution. e. Spike wins nothing.
- 397. Open EndedLiza offers to help Helen do her laundry. By what means can Helen terminate this offer? I. Revocation II. Rejection III. Counteroffer a. I only b. II only c. III only d. II and III only e. I, II and III
- 398. Open EndedAnnette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury would reduce Annette's recovery by: a. $20,000 b. $100,000 c. $80,000 d. nothing
- 399. Open EndedDOUBLE CHECK THIS ONE: While hunting, Roger enters Adele's property without permission and is injured by falling into a deep hole that Adele dug which was obscured by brush that Adele deliberately covered it with. Under the common law, Adele is liable for Roger's injuries. a. True b. False
- 400. Open EndedPhillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would: a. win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury. b. win based on negligence per se. c. lose because the court would apply the doctrine of res ipsa loquitur. d. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.
- 401. Open EndedThe Uniform Commercial Code governs contracts for: a. services b. employment c. real estate d. none of the above
- 402. Open EndedWhen promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present. a. True b. False
- 403. Open EndedMadelyn offers to sell James goods both parties know are stolen. James accepts the offer, and agrees to pay for the goods. Later, James refuses to accept or pay for the goods. If Madelyn sues James for breach of contract, what is the probable result? a. The law would enforce this valid, enforceable contract. b. James would win as this is a voidable contract. c. Madelyn would win as this is a unilateral contract. d. The law would not enforce James's promise, as it does not have a lawful purpose.
- 404. Open EndedJohn was a licensed physician in Michigan. When John retired to Oxford, he started providing medical services to the people in his condo, relying entirely on his Michigan medical license. John's next-door neighbor, Isaac, owed John $2000 for medical services. John will be able to enforce the contract he made with Isaac. a. True b. False
- 405. Open EndedA bank officer forges the signatures of his customer on a promissory note. This note is void as a result of: a. fraud in the inducement b. fraud in the execution. c. negligent misrepresentation d. none of the above
- 406. Open EndedMark works as a bartender at The Blind Pig, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Blind Pig sues. What result? a. Since this is an illegal contract, the courts will not enforce it. b. Since Mark violated a regulatory statute, the contract is unenforceable. c. Since this is a revenue-raising statute, The Blind Pig wins. d. Since this is a revenue-raising statute, the licensing law is unconstitutional. Craig wins.
- 407. Open EndedBarb has been a children's day care provider for several years in the small town of Abbeville. She has decided to give it all up and move to the big city for excitement and adventure. Barb sells her business to Ken, agreeing not to open a competing business within five miles of Abbeville for a period of nine months. After five months of the big city life, Barb is broke and moves back to Abbeville. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result? a. Ken wins. The agreement is enforceable. b. Barb wins. The agreement is denying her the right to do the only thing she knows how to do. c. Barb wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain. d. Barb wins. The agreement is not reasonable as to time.
- 408. Open EndedWhich of the following is an example of an exculpatory clause? a. Creditor charges 38% interest on a loan. b. Seller is not responsible for property damage regardless of the cause of the injury. c. Buyer agrees to pay any costs of litigation. d. Employee agrees to never work for a competing company.
- 409. Open EndedPublic policy means the law that comes from the: a. state legislature. b. executive branch of the government. c. courts that decide what would have a negative impact on society. d. Constitution.
- 410. Open EndedFor purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur. a. True b. False
- 411. Open EndedFireman Mike rescued Karol's cat, Boomerang, from the top of a tall oak tree on South Lamar. Boomerang had been missing for 2 weeks, and Karol had put flyers all over town offering a $500 reward for Boomerang's return. Fireman Mike asks Karol about collecting the reward offer for returning her Boomerang. Karol has just taken Business Law and tells Fireman Mike that she doesn't have to pay it to him. Fireman Mike said if he had known that, he would have used a shotgun to get Boomerang out of the tree. What is Karol's reason for not paying Fireman Mike? a. No legally adequate consideration b. No legal capacity c. Pre-existing public duty d. Boomerangs always return on their own
- 412. Open EndedAlexandra receives an e-mail at 1:30 p.m. on Monday offering her the job as executive producer of the Duck Dynasty television show. Uncle Si proposes to pay Alexandra an annual salary of $500,000. The e-mail states that she must accept the offer within 36 hours. Alexandra immediately overnights a counteroffer for $750,000 in salary and, a pink camp patterned duck boat, shotgun and duck call, but after realizing that she probably won't make that kind of money after graduation doing anything else, she e-mails Uncle Si around 10 a.m. the next morning and advises him in that e-mail that she accepts the original offer. If Uncle Si has already received Alexandra's overnight mail, is a contract formed? a. Yes b. No
- 413. Open EndedCourts employ an objective standard to determine whether two parties intended to enter into a contract. a. true b. false
- 414. Open EndedThe following are elements of a tort cause of action: a. duty b. breach of duty c. proximate cause d. damages e. all of the above
- 415. Open Endedunder a state law, the owner of certain specified vicious breeds of dogs is absolutely liable to any person who is injured by the dog. this is an example of a. negligence per se b. res ipsa loquitur c. strict liability d. negligence
- 416. Open EndedSebastian promises to help Ike study for his B-Law test if Ike will go grocery shopping for him at Kroger. Ike accepts this offer if promises to go grocery shopping for Sebastian at Kroger. a. True b. False
- 417. Fill in the Blank_________ is defined as compliance by the offer with the terms and conditions of an offer. a. counter-offer b. acceptance c. assignment d. consideration
- 418. Open EndedThe terms "nuisance" and "trespass to property" refer to the same tort. a. true b. false
- 419. Open EndedPast actions not presently bargained for by the parties in an agreement can become valid consideration for a contract. a. true b. false
- 420. Fill in the Blank___________ is defined as the wrongful confinement or detention of a person against his or her will. a. false imprisonment b. outrageous conduct c. malicious prosecution d. fraud
- 421. Open EndedDerrick wrote a defamatory letter regarding Sammy which he mailed to Sammy, but which he did not show to anyone else. After mailing the letter to Sammy, Derrick told his psychologist about the defamatory letter during a counseling session. Which tort did Derrick commit? a. Slander only b. Libel only c. Libel and Slander d. Neither libel nor slander
- 422. Fill in the Blank_________ is written or printed communication which injures a person's reputation by discharging him/her and diminishes the respect in which he/she is held in the community is: a. Slander b. Libel
- 423. Open EndedThe legal right to sue for a breach of contract is subject to a statue of limitations. a. true b. false
- 424. Fill in the BlankIn a ________ contract, a promise is exchanged for an act or a forbearance for acting. a. bilateral b. executory c. executed d. unilateral
- 425. Open EndedCaroline offers to buy Joe's business law textbook. The offer will terminate if Joe dies before accepting it, but if Caroline were to die before acceptance, a contract could still be formed. a. true b. false
- 426. Open EndedUnder Mississippi law, Ben is no longer considered a minor. Ben is at least 21 years old. a. true b. false
- 427. Open EndedIf Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle. a. true b. false
- 428. Open EndedTed's wallet is as empty as his bank account, and he needs $3500 immediately. Fortunately, he has three gold coins that he inherited from his grandfather. Each is worth $2500, but it is Sunday, and the local rare coins store is closed. When approached, Ted's neighbor Andrea agrees to buy the first coin for $2300. Another neighbor, Cami, agrees to buy the second for $1100. A final neighbor, Lorne, offers "all the money I have on me" - $100 - for the last coin. Desperate, Ted agrees to the proposal. Which of the deals is supported by legally sufficient consideration? I. Teds agreement with Andrea II. Teds agreement with Cami III. Teds agreement with Lorne a. I only b. II only c. III only d. I and II only e. I, II, and III
- 429. Open EndedGeorge helped Warren study all night for his business law test. After Warren got an A on the exam, he told George "I will give you $10 for helping me get a good grade" George said, "thanks, i'll take it." a. there is a contract because there is mutual assent b. there is no contract because there is no valid consideration c. there is no contract because $10 is reasonable inadequate consideration d. there is a contract with sufficient consideration
- 430. Open EndedKendall drove through an intersection without looking and hit JDs car that he had driven into the intersection without obeying a stop sign. Kendall Sued JD. The jury found Kendalls fault contributed 40 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Kendall: a. $40,000 b. $100,000 c. $60,000 d. nothing
- 431. Open EndedWorking out some frustrations after a last second loss to LSU, Bo angrily flings a football and then sees it is flying toward one of the referees. He yells, "Watch out!" The football misses the referee. Since there was no physical contact, no assault or battery occurred. a. true b. false
- 432. Open EndedNegligence concerns harm that: a. is unforeseeable b. arises by accident c. arises intentionally d. is always substantial
- 433. Open Endedone morning, miles places a thumbtack on the chair of the office manager where he worked. he had no quarrel with the office manager, but thought this would be funny. two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. which of the following is correct? a. miles actions were negligent b. miles committed an intentional tort c. miles is strictly liable d. no tort has been committed
- 434. Open Endedmiles purchased a lawnmower with an attached warning that said "the manufacturer is not responsible in the case of an injury cause by the lawnmower. there are not warranties of any kind or character associated with this mower." if miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely: a. lose, as he agreed to not hold the lawnmower manufacturer liable b. lose, as assumed the risk. c. win, as this warning and disclaimer of warranty would be ineffective against miles and other purchases d. win, as all lawnmower manufactures are strictly liable
- 435. Open EndedE-mation, Inc hires Marvin to steal trade secrets from one of its competitor for $10,000. Marvin demands half the money up front. E-mation pays Marvin $5000 but Marvin decides not to pursue theft of trade secrets. E-mation sues Marvin for the return of the $5000. What will the court do with this contract? a. Order Marvin to return the $5000 b. Order Marvin to return the $5000 with interest c. Order Marvin to obtain the trade secrets d. Not do anything to help get the money back
- 436. Open EndedIn a unilateral contract, a promise is an exchange for an act or forbearance to act. a. true b. false
- 437. Open EndedWhat duty of care does a land owner owe a business invitee? a. not to intentionally harm her b. to warn her of hidden defects c. to warn her of obvious defects d. to use reasonable care not to harm her
- 438. Open Endedcaroline is an ole miss rebelette who performs cheers and routines just outside the baseline at home basketball games in the tad pad. caroline is injured when murphy crashes into her while driving for a loose basketball that was headed out of bounds. caroline could be subject to the defense of assumption of the risk in a suit against ole miss to recover for her injuries.
- 439. Open Endedwhat can terminate an offer?
- 440. Open EndedA and B enter into a contract, and if B breaches it, the law will provide a remedy. how would you classify this contract?
- 441. Open Endedwhat are the essential elements of an offer
- 442. Open Endedlegally sufficient considering to support a contract means that the value of what the first party to the contract receives under it is comparable to what he or she gives to the second party.
- 443. Open Endedwhat are the two basic elements to consideration?
- 444. Open Endeda valid contract may be unenforceable for which reason(s)?
- 445. Open EndedAdequacy of consideration is present when the value of what the first party to the contract receives under it is comparable to what he or she give to the second party. in arms-length contracts, the law does not require adequacy of consideration: TRUE
- 446. Open Endedfor purposes of tort law, a licensee is a person invited upon land as a member of the public or for a business purpose.
- 447. Open Endedthe performance of a pre existing contractual duty which is neither doubtful nor the subject of an honest dispute is legally sufficient consideration to support a second contract.
- 448. Open Endeda funter who has permission to hunt on someone else's property falls in to the category of
- 449. Open Endedwhat are examples of tort reform?
- 450. Open Endedmalpractice is negligence committed by a doctor, lawyer, architect, pastor or other professional in the course of their profession.
- 451. Open Endedwhat is the intruder's status as an occupier of property if he is breaking into someone's apartment?
- 452. Open Endedwhat are elements of tort cause of action?
- 453. Open Endedbarbara offers to buy taylor's business law textbook. taylor is the offeror.
- 454. Open Endedpunitive damages are intended to punish the defendant for conduct that is extreme and outrageous.
- 455. Open Endeda landowner's highest duty of care is owed to licensees
- 456. Fill in the Blankon the first dat of the baseball season, dean orders a new cardinals hat from amazon. at the moment he submits his order, dean and amazon have an _____ contract. two days later, amazon delivers the had to dean's house, and dean's credit card has cleared. at this point dean and amazon have an _____ contract.
- 457. Open Endeda tortious act may also be a
- 458. Open Endeda sales clerk at neilsons deparment store observed a customer remove some red lipstick from a display case and put it in her purse. if necessary to stop the shoplifter from fleeing, neilsons sales clerk can go as far as to tackle the customer in order to stop her from fleeing.
- 459. Open Endedstar magazine published an article about lindsay lohan. lohan is upset because the info contained in the story is not correct. if lindsay sues star, she will need to show that the magazine:
- 460. Open Endedkenneth was exposed to radiation on his job in an environmental cleanup. in a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing kenneth to return to court years later if medical problems develop at that time.
- 461. Open Endedwhat are some valid defenses to a defamation claim?
- 462. Open EndedSociety enforces all promises in the interests of simple morality.
- 463. Open EndedBilly owes a liquidated debt of $3000 to Rayna, his personal weight trainer. Billy sends Rayna a check for $300 on which he has marked, "Payment in Full." If Rayna cashes the check she will not be able to successfully sue Billy for the remainder of the debt.
- 464. Open EndedRaul agrees to paint Mike's house for $1,000. Before finishing, Raul states it is too hot to finish, and Mike offers to pay $1,200 if Raul finishes. Mike's statement that he will pay $1,200 is unenforceable.
- 465. Open EndedCourts normally require adequate consideration.
- 466. Open EndedSection 2-306 of the UCC expressly disallows output contracts in the sale of goods.
- 467. Open EndedDenton agreed to build a cedar deck for the Thrashers for $7,000. After he began the work, the Thrashers asked him to add cedar flower boxes at one side. Denton replied he would, but it would cost an additional $600. The Thrashers would not be obligated to pay the additional sum because the original agreement already obligated Denton to complete the deck for $7,000.
- 468. Open EndedHilda owes Lex $3,000, which is an undisputed amount. If she offers him her car in full settlement of the debt and he accepts, the agreement is binding and he can no longer claim she owes him anything on the original debt.
- 469. Open EndedIn the historic case of Hamer v. Sidway, the nephew: a. lost, as there was no consideration. b. lost, as the uncle was dead. c. won, as there was consideration. d. won, as there was a completed gift.
- 470. Open EndedWhat phrase is critical to the validity of a requirements contract? a. "100 percent of output" b. "accept the entire quantity" c. "giving no consideration" d. "in good faith"
- 471. Open EndedIn January, Alex promised to pay Y-K Inc. $5,000 if it would refrain from filing suit against him on a breach of contract action. Y-K agreed and accepted a $5,000 check from Alex. Which of the following statements is correct? a. Y-K's promise to refrain from suing Alex was not supported by legal consideration. b. Y-K's promise to refrain from suing Alex was supported by legal consideration and is enforceable. c. This is an accord and satisfaction, and Y-K cannot sue. d. The courts would apply promissory estoppel in this situation.
- 472. Open EndedZero, Inc. agreed to build Millie a storage building for $8,000. After beginning the project, Zero realized that it could not complete the job and make a profit. Zero demanded $9,500 to complete the building. Millie agreed to pay the $9,500. When the project was complete, Millie tendered $8,000 to Zero for the job. If Zero sues Millie for the remaining $1,500: a. Zero will win because there was consideration for the additional $1,500. b. Zero will win because Millie had a pre-existing duty to pay any additional amounts. c. Zero will lose because there was no legal consideration to support the additional $1,500. d. Zero will lose because the UCC does not require consideration to modify an existing contract.
- 473. Open EndedA promise by Derkin Restaurants to buy all of the produce it needs this next year at an established price from Elfredo's Produce would be an: a. enforceable requirements contract. b. enforceable output contract. c. unenforceable, illusory contract. d. unenforceable promise based on past consideration.
- 474. Open EndedBernie owes an undisputed amount to Wilde's Heating & Air Conditioning. Which of the following is true? a. If Wilde's agrees to accept less than the full amount as full payment, the agreement is not binding. b. The undisputed amount is also known as an unliquidated amount. c. If the parties agree to settle for less than the full amount, their agreement is governed by the ruling in Henches v. Taylor. d. If Wilde's agrees to accept less than the full amount, the agreement is only binding if it is in writing and signed by Bernie.
- 475. Open EndedWalter worked nights as a clerk in a fast-food store. On his last work shift, Walter's boss told him, "I'm really grateful for the year that you have worked here. I am going to give you a bonus of $1,000 in your last paycheck." When Walter got his last paycheck, there was no bonus. If Walter sues, the likely result will be: a. Walter will win, as the promise is enforceable. b. Walter will lose, as he gave no consideration. c. Walter will lose unless the promise was in writing. d. Walter will win, as no consideration is required to modify an employment contract.
- 476. Open EndedIf Rudy offers Oscar $200 for his $600 stereo and Oscar agrees, a court will probably: a. set aside the agreement as being unfair. b. set aside the agreement because the consideration is inadequate. c. not set aside the agreement based on the adequacy of the consideration. d. not set aside the agreement because of the UCC.
- 477. Open EndedJamie is building a new house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Earnie sues, the most likely result would be: a. Jamie wins, as Earnie was under a preexisting duty to dig the basement. b. Earnie wins as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement. c. Jamie wins as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money. d. Earnie wins, as the modification was due to unforeseen difficulties.
- 478. Open EndedIf Becky promises not to drink alcohol until she becomes a legal adult in exchange for Ben's promise of $1,000, the agreement is: a. enforceable because Becky is giving up the right to do something she would otherwise be entitled to do. b. enforceable because the agreement accomplishes Ben's goal of keeping Becky from drinking. c. not enforceable because Becky does not have a legal right to drink alcohol. d. not enforceable because Becky is a minor and could disaffirm the contract.
- 479. Open EndedUpon graduating from college, Kathy announced her plans to enter law school the following fall and to marry Rick in December. Kathy's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Kathy and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Kathy agreed and postponed the wedding for a year. Kathy successfully completed her first year of law school, but soon thereafter, Kathy's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Kathy sues the estate, she will probably be: a. unsuccessful because her father's death terminated the contract. b. successful, as there was consideration. c. unsuccessful because her father received no benefit. d. unsuccessful because it was merely fatherly advice not to get married during the first year of law school.
- 480. Open EndedUnder the Uniform Commercial Code, an agreement modifying a contract: a. always requires consideration. b. requires consideration only when the sale of goods is involved. c. may not require consideration. d. requires consideration only when one of the parties is incompetent.
- 481. Open EndedMary owes $3,800 on her credit card. She sends the credit card company a check for $800 with the notation "payment in full" on the check. If the credit card issuer cashes the check: a. Mary's balance will automatically be paid in full if the $3,800 amount was a liquidated debt. b. Mary's balance will automatically be paid in full regardless of whether the amount of $3,800 was liquidated or unliquidated. c. the check may be subject to a UCC exception to the general rules for accord and satisfaction cases involving checks. d. Mary's balance will automatically be paid in full if the $3,800 amount was an unliquidated debt.
- 482. Open EndedIf Crosby and Dash are in disagreement as to the exact amount of money that Crosby owes Dash, then they may choose to form a new agreement at a set amount. If they both perform the new agreement, their conduct would be an example of: a. a rescission. b. a contract modification. c. a preexisting duty. d. an accord and satisfaction.
- 483. Open EndedThe Plaza Hotel contracts with EZ Lawn to have EZ mow the grass on the Plaza grounds for the next 10 years. However, there is a clause in the contract that states if the hotel chooses, the contract may be terminated provided Plaza pays EZ $2,000 on termination. Which of the following is correct? a. The contract is unenforceable because the option to cancel clause makes the contract an illusory promise. b. The contract is unenforceable because the $2,000 is past consideration. c. The contract is unenforceable because only one party has the option to cancel. d. The contract is enforceable because the option to cancel clause is supported by consideration.
- 484. Open EndedMid-American Oil had a contract with NSB Company to supply 1,000 gallons of oil by September 1. The contract contained a provision which required all modifications to be written and signed by the company presidents. In early August, an executive of Mid-American talked with the purchasing agent of NSB who orally agreed to two shipments of oil; one in September and the second one in December. By September 30, when only 500 gallons had been delivered, NSB sued. The likely outcome of this lawsuit is: a. NSB wins because the modification was not supported by new consideration. b. NSB wins because the modification has to be in writing. c. Mid-American Oil wins because the UCC governs this case and no new consideration is required. d. Mid-American Oil wins because new consideration was present.
- 485. Open EndedBailey Co. and Spryt Bros. enter into a contract for the manufacture and sale of 400 lawn chairs. If both parties agree that a modification is necessary: a. the surest way to modify the contract is to liquidate it. b. they may not do so without court supervision. c. an agreement to rescind the contract will terminate the contractual rights of Bailey Co. and Spryt Bros. if neither of them had completed their obligations. d. courts will generally not enforce a cancellation and modification of a contract unless one party received inadequate consideration under the original contract.
- 486. Open EndedMarco agrees to sell Clowns R Us some balloons. The contract states that Clowns may buy as many balloons as it wishes. This agreement is: a. a requirements contract. b. an output contract. c. an illusory contract. d. an enforceable contract.
- 487. Open EndedWhich of the following offers are considered to be irrevocable for a given period?
- 488. Open EndedFrank suffers from a mental impairment due to a brain injury from a airplane accident. He contracts with Glena to purchase her dining room furniture. A month later, he tries to void the contract. If he is unable to return the furniture, a court will not rescind the agreement unless Frank can show that Glena acted in bad faith.
- 489. Open EndedThe age of majority to contract in all states is 21.
- 490. Open EndedRoger, a minor, buys a stereo from Tuneland, Inc. Roger uses the stereo for a few months, returns it to Tuneland, and demands his money back. In a majority of states, Roger may return the stereo and he does not have to pay for the use of the stereo or the damages.
- 491. Open EndedRyan, a minor, contracted to sell his auto to Ed, a 28-year-old. Ryan later refused to complete the sale. If Ed sues to enforce the contract, Ed will:
- 492. Open EndedPeter, a minor, purchased a car from ACME Motors. Using a fake ID, he misrepresented his age to be 18. The contract is fully executed. Which of the following is correct?
- 493. Open EndedWhich of the following is NOT a true statement about fraud?
- 494. Open EndedPamela is planning to sell her home decorating store to her daughter. Pamela has:
- 495. Open EndedWhich of the following is least likely to be regarded as a necessary?
- 496. Open EndedThe most accurate statement regarding economic duress is:
- 497. Open EndedVince has begun forgetting things and is becoming very difficult to get along with. He is 85, has been ill, and is very fond of his housekeeper Annie. He gives a deed to Annie for all of his real property. At Vince's death, his children, who got only his photograph albums according to the will, ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children. The probable result will be:
- 498. Open EndedAn example of the type of relationship required to find undue influence would be:
- 499. Open EndedThe original statute of frauds is the English law that began the practice of requiring written evidence of certain kinds of contracts, but now the British government has repealed the writing requirement for most contracts.
- 500. Open EndedRamona, age 42, orally agreed to work for Brahma, Inc. for the rest of her life for $50,000 per year. This agreement would not be enforceable since it violates the one-year rule of the statute of frauds.
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