Common Law of Contracts vs Uniform Commercial Code (UCC)

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Questions and Answers

What was the main focus of plaintiff’s breach of contract claim at trial?

  • Defendant’s lies about his reasons for not closing the deal
  • Defendant’s separate purchase of the property
  • Defendant’s attempts to purchase the property after termination
  • Defendant’s refusal to complete the purchase with plaintiff (correct)

What did the plaintiff ultimately not base his breach of contract claim on?

  • Defendant’s lies about the deal
  • Defendant’s reasons for closing the deal
  • Defendant’s separate purchase of the property (correct)
  • Defendant’s attempts to purchase the property after termination

What action by the defendant was considered surreptitious [secret]?

  • His attempts to purchase the property after termination
  • His use of plaintiff's information for a more favorable transaction for himself (correct)
  • His separate purchase of the property
  • His refusal to complete the purchase with plaintiff

Why does defendant argue that his post-termination actions were not a breach of contract?

<p>Both parties understood that the agreement was null after termination (B)</p> Signup and view all the answers

What was the key reason for defendant's argument about his post-termination actions?

<p>Both parties participating in similar conduct after termination (B)</p> Signup and view all the answers

What did plaintiff identify as among the breaches committed by defendant?

<p>Defendant's refusal to complete the purchase with plaintiff (D)</p> Signup and view all the answers

Which of the following areas is governed by the Uniform Commercial Code (UCC) rather than common contract law?

<p>Contracts for the sale and lease of goods (C)</p> Signup and view all the answers

What is the primary function of contract law?

<p>To provide stability, predictability, and certainty in contractual relationships (A)</p> Signup and view all the answers

Which of the following is considered when determining whether a promise should be enforced?

<p>The age and mental competence of the person making the promise (D)</p> Signup and view all the answers

According to the passage, why do some parties keep their promises?

<p>Because they feel a moral obligation or it is in their mutual self-interest (B)</p> Signup and view all the answers

Which area of law determines whether a promise is contrary to public policy and therefore invalid?

<p>Common law of contracts (C)</p> Signup and view all the answers

According to the passage, what is the essence of contract law?

<p>Resolving questions about whether promises should be enforced (A)</p> Signup and view all the answers

What is an express oral contract?

<p>A contract made verbally by agreeing to terms (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for an implied contract to arise?

<p>The parties explicitly discussed and agreed to the terms verbally (C)</p> Signup and view all the answers

In the example provided, what service or property did Alex expect to pay for?

<p>Accounting services to complete his tax return (B)</p> Signup and view all the answers

What is the difference between an express contract and an implied contract?

<p>An express contract is created by words, while an implied contract is created by conduct (B)</p> Signup and view all the answers

Which of the following is an example of a formal contract according to the Restatement (Second) of Contracts?

<p>A negotiable instrument like a promissory note (A)</p> Signup and view all the answers

If a customer enters a restaurant, orders food, and consumes it, what type of contract has likely been formed?

<p>An implied-in-fact contract (B)</p> Signup and view all the answers

What was the original contract that Uhrhahn had with Hopkins?

<p>To use cinder blocks in the construction project (D)</p> Signup and view all the answers

Why did Uhrhahn demand extra payment from Hopkins for using the Durisol blocks?

<p>The Durisol blocks were more complicated to install than the cinder blocks (C)</p> Signup and view all the answers

Why did the court find that Hopkins had waived the provision requiring written contract modification?

<p>Hopkins had paid for other deviations from the contract that he had orally requested (C)</p> Signup and view all the answers

What did the implied covenant of good faith and fair dealing require in this case?

<p>The parties to perform in accord with the contract and the parties' reasonable expectations under it (C)</p> Signup and view all the answers

What was the basis of Uhrhahn's lawsuit against Hopkins?

<p>Both a and c (B)</p> Signup and view all the answers

What does the parol evidence rule state about extrinsic evidence?

<p>It is not admissible to contradict express terms in a written contract. (C)</p> Signup and view all the answers

What type of evidence cannot be admitted under the parol evidence rule?

<p>Evidence that contradicts express terms in a written contract. (D)</p> Signup and view all the answers

What did the Wagners' contract specify about sharing in net profits?

<p>Sharing in monies received for exhibiting photoplays and ancillary rights only. (A)</p> Signup and view all the answers

What type of rights must exist for a right to be considered 'subsidiary' or 'ancillary'?

<p>Rights that are supplementary or subordinate to primary rights. (C)</p> Signup and view all the answers

Why is Wagner's extrinsic evidence problematic according to the text?

<p>It contradicts the contract language instead of explaining it. (B)</p> Signup and view all the answers

In the context of the 'Charlie's Angels' agreement, what is the significance of 'all monies actually received by Producer'?

<p>It encompasses all revenues received by the Producer related to the series. (A)</p> Signup and view all the answers

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