Contracts Overview Quiz
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Questions and Answers

What was the main issue in the Sidway case?

  • Whether the promise should have been written down.
  • Whether the uncle's promise was a gratuitous promise. (correct)
  • Whether the nephew fulfilled the conditions of the promise.
  • Whether there was a valid contract due to mutual consideration. (correct)

What defines consideration in a legal context according to Sidway?

  • A formal written contract signed by both parties.
  • A forbearance of a legal right or a benefit to one party. (correct)
  • A mutual exchange of gifts between parties.
  • A requirement for promises to be enforceable.

In the Sidway case, why was the nephew's request for $5,000 upheld?

  • He established a legally binding contract through forbearance. (correct)
  • He made a financial investment that warranted repayment.
  • The contract was recorded in a legal document.
  • The uncle verbally agreed multiple times to the payment.

What characterizes a gratuitous promise?

<p>It lacks consideration and is therefore unenforceable. (B)</p> Signup and view all the answers

What was the legal issue in the Langer v. Superior Steel Corp case?

<p>Whether Langer provided consideration for his benefits. (C)</p> Signup and view all the answers

What happens to an offeree's power of acceptance when a counter-offer is made?

<p>It is terminated. (C)</p> Signup and view all the answers

How long can an offer by a merchant to buy or sell goods traditionally remain open under UCC 2-205?

<p>Three months maximum. (B)</p> Signup and view all the answers

Under which condition can an offer be kept open without revocation according to Option Contracts?

<p>True consideration or nominal consideration with writing. (A)</p> Signup and view all the answers

What effect does the death or incapacity of either the offeror or offeree have on the acceptance of an offer?

<p>It revokes the offer immediately. (A)</p> Signup and view all the answers

What characterizes a counter-offer in relation to the original offer?

<p>It proposes a different bargain from the original offer. (D)</p> Signup and view all the answers

What terminates an offeree's power of acceptance according to Restatement § 42?

<p>When the offeree receives a clear intention from the offeror not to enter the contract (D)</p> Signup and view all the answers

Under Restatement § 43, what constitutes indirect communication of revocation?

<p>The offeree receiving reliable information regarding the offeror's change of intention (D)</p> Signup and view all the answers

According to Restatement § 38, how does an offeree's rejection affect their power of acceptance?

<p>It immediately terminates the power of acceptance (B)</p> Signup and view all the answers

What does Restatement § 40 state about the timing of a rejection or counter-offer communicated through mail?

<p>It does not terminate the power of acceptance until received by the offeror (A)</p> Signup and view all the answers

When does an offeree's power of acceptance lapse according to Restatement § 41?

<p>At any point as deemed reasonable based on industry standards (B)</p> Signup and view all the answers

What was the primary legal reasoning in the case of Langer?

<p>Langer refrained from seeking alternative employment. (B)</p> Signup and view all the answers

In the case of RE Greene, what was deemed insufficient as consideration?

<p>$1 and 'other good and valuable consideration'. (A)</p> Signup and view all the answers

What was the key issue in the case of Levine v. Blumenthal?

<p>Whether the rent modification constituted valid consideration. (D)</p> Signup and view all the answers

What does nominal consideration imply in a contract?

<p>It does not equate to valid consideration. (C)</p> Signup and view all the answers

According to the decision in Levine v. Blumenthal, what must a subsequent agreement have to impose a legal obligation?

<p>New and independent consideration. (A)</p> Signup and view all the answers

What was the outcome of the case RE Greene regarding the bankrupt's promises?

<p>The bankrupt's promises were favored. (D)</p> Signup and view all the answers

In the Langer case, what specific action did Langer take that constituted consideration?

<p>Refraining from sharing knowledge with others. (A)</p> Signup and view all the answers

What was the court's interpretation of the defendants' rent payments in Levine v. Blumenthal?

<p>They constituted a fulfillment of the original contract. (A)</p> Signup and view all the answers

What was the main issue in the Domenico case?

<p>Whether the contract had sufficient consideration (A)</p> Signup and view all the answers

What was the holding of the court in the Domenico case?

<p>Favored the defendant (B)</p> Signup and view all the answers

In the context of contractual agreements, what is the essence of Promissory Estoppel according to the Restatement § 90?

<p>It can be invoked when no contract exists (A)</p> Signup and view all the answers

Under UCC 2-306, what is necessary for a seller's output and buyer's requirements to be enforceable?

<p>They must occur in good faith (D)</p> Signup and view all the answers

What characterizes the promises made by the fishermen in the Domenico case?

<p>They were deemed as extortion due to prior contracts (C)</p> Signup and view all the answers

What legal principle allows a promise to be binding without a formal contract if it induces a party to act?

<p>Promissory Estoppel (D)</p> Signup and view all the answers

What must a seller demonstrate under UCC 2-306(2) when pursuing an agreement?

<p>Best efforts in supplying goods (C)</p> Signup and view all the answers

How did the APA respond to the fishermen's demands for payment?

<p>By asserting the agreement's invalidity (C)</p> Signup and view all the answers

What was the main issue regarding the advertisement for the Lapin fur?

<p>Whether the advertisement constituted an offer. (D)</p> Signup and view all the answers

What was the holding of the case regarding the Lapin fur?

<p>The claim for the Lapin was allowed. (D)</p> Signup and view all the answers

In the case of Consolidated Freightways Corp. of Delaware v. Williams, what was the nature of the offer made?

<p>A reward for information about a dishonorable act. (C)</p> Signup and view all the answers

Why was Williams eligible to receive the reward?

<p>He provided information as requested in the offer. (D)</p> Signup and view all the answers

What key legal reasoning supported the decision for Williams' eligibility for the reward?

<p>The advertisement specified no restrictions on eligible employees. (A)</p> Signup and view all the answers

What did the instruction to 'contact your supervisor' imply in the context of the offer?

<p>All employees, including supervisors, could claim the reward. (A)</p> Signup and view all the answers

What aspect of the offer made regarding the Lapin fur was notable in terms of negotiation?

<p>It was clear, definite, and explicit. (D)</p> Signup and view all the answers

What was the primary concern regarding the value of the fur coat in the case?

<p>The coat's value was considered speculative. (C)</p> Signup and view all the answers

Flashcards

Gratuitous Promise

A promise made without expecting anything in return (like a gift).

Consideration (contracts)

Something of value exchanged by parties to a contract.

Forbearance (consideration)

Giving up a legal right as part of a contract.

Sidway v. Wachussett case

A legal case showing that refraining from something can be valid consideration.

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Langer v. Superior Steel Corp

A case examining whether continued loyalty (promise) had value to count as a consideration.

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Consideration in Contract Law

Something of value exchanged by the parties in a contract. It must be bargained for and induce the other party's promise.

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Nominal Consideration

A token payment or promise, often $1 or a similar small value, that is not real consideration.

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Sufficient Consideration (Langer)

Involves a party giving up something of value, or refraining from doing something they have a legal right to do (ex: not looking for another job).

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Insufficent Consideration (Greene)

A nominal payment (like $1 and 'other valuable consideration') is generally insufficient unless it can be demonstrated as genuine.

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Subsequent Agreement lacking consideration

A later agreement modifying an existing contract will lack legal enforcement if it lacked any new consideration/inducement.

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Legal Reasoning (Levine v. Blumenthal)

To have consideration, the subsequent agreement must rest upon a new, independent consideration. Existing agreement doesn't create a need for an additional inducement.

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Modified Rent (Levine v. Blumenthal)

A rent agreement with only the promisor (landlord) modifying the agreement is generally gratuitous.

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Lease Agreement

An agreement outlining an exchange of rent for the use of property. Generally, payment of rent constitutes valid consideration, but modifications may not.

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Domenico (1902) Case

A case where a contract's consideration was deemed insufficient due to fishermen performing pre-existing contractual obligations.

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Consideration in a contract

Something of value exchanged between parties in a contract. It's what each party gets.

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Pre-existing Duty

Performing a duty that you are already legally obligated to perform doesn't count as new consideration.

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Promissory Estoppel

A legal doctrine allowing recovery for a promise even without a formal contract if you relied on that promise.

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UCC 2-306

UCC section describing output and requirements contracts, with good faith and reasonableness standards.

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Output contract

A contract where one party agrees to buy all the output of another party.

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Requirement contract

A contract where one party agrees to supply all the requirements of another party.

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Illusory promise

A promise that doesn't really commit to anything; e.g. a promise to do something only if you feel like it.

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Offer in Advertising

An advertisement can be an offer if it's clear, definite, and leaves no room for negotiation. It creates a binding promise when someone meets the specific terms stated in the ad.

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Black Lapin Case

In this case, an advertisement for a fur coat was considered an offer because it was clear, definite, and the first person to arrive with the stated price secured the coat.

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Reward Offer

A reward posted for information leading to an arrest is a valid offer, creating a binding promise to pay the reward to anyone who meets the terms set out.

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Employee Reward

Even an employee can receive a reward if they meet the terms specified in the offer, even if the terms seem to be directed to others initially.

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Acceptance in Rewards

Performing the act requested in the reward offer (e.g., providing information) automatically constitutes acceptance, making the reward payable.

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Speculative Value

If the value of an item offered is uncertain or unclear, it may not qualify as a valid offer.

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Notice of Acceptance

In reward offers, providing the requested information is enough acceptance. No separate notification of acceptance is needed.

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Leonard v. PepsiCo

This case highlights that even advertisements with a promotion that appears to be an offer may not be considered binding contracts.

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Revocation by Communication

An offer can be revoked when the offeror directly communicates their intention to not enter the contract to the offeree.

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Indirect Revocation

An offer can be revoked when the offeror takes actions clearly inconsistent with wanting to enter the contract, and the offeree learns about this action.

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Rejection by Offeree

The offeree's power of acceptance is terminated when they clearly reject the offer.

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Counteroffer

A counteroffer is a rejection of the original offer and a new offer from the offeree. It terminates the power of acceptance unless the offeror accepts the counteroffer.

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Lapse of Time

An offer can expire if a specified time limit passes or after a reasonable time under the circumstances.

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Offer Termination: Death/Incapacity

An offer is automatically revoked if the offeror or offeree dies or becomes legally incapable of entering a contract. Think of it as the offer expiring because one of the key parties is no longer able to participate.

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Counter-Offer Effect

When an offeree proposes a change to the original offer (a counter-offer), the original offer is automatically terminated. Think of it as replacing the old offer with a new one.

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UCC Firm Offer

A written offer by a merchant to buy or sell goods with a promise to hold it open is irrevocable for a specified time (up to 3 months) even without consideration.

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Option Contract: Keeping an Offer Open

A promise that ensures an offer stays open for a specific time. Requires consideration (valid exchange) or specific conditions (like a signed writing).

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UCC Firm Offer vs. Option Contract

A UCC firm offer is a specific type of option contract that applies only to merchants dealing with goods and requires a signed writing. They are both ways to legally prevent an offer from being revoked.

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Study Notes

Contracts Outline

  • This outline covers the formation, interpretation, defenses, and remedies related to contracts.
  • It also includes an exploration of various types of conditional promises, illusory promises, and other relevant cases.

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Description

Test your knowledge on the key aspects of contracts, including formation, interpretation, defenses, and remedies. This quiz also covers conditional promises and related case studies to enhance your understanding of contract law.

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