QUESTIONS AVEC REPONSE PDF

A contract is a legal X made between parties, by which rights are acquired by one or more to act on the part of the other party or another. A. moment B. agreement C. convention D. accord ANSWER: B The agreement referred to means a meeting of minds called in x « consensus in idem ». A. Customs B. Rom...

A contract is a legal X made between parties, by which rights are acquired by one or more to act on the part of the other party or another. A. moment B. agreement C. convention D. accord ANSWER: B The agreement referred to means a meeting of minds called in x « consensus in idem ». A. Customs B. Roman Law C. english Law D. English Law ANSWER: D An agreement, to be valid, needs the following elements: offer and acceptance (intent of creating legal relations), capacity of the parties, a valid consent without fraud or duress, a consideration, and the legality of x or object. A. Matter-subject B. Essence C. Matter of the subject D. Subject-Matter ANSWER: D Neither party can recover from the other on a X contract, but goods delivered may be recovered by an action in restitution. A. voidable B. void C. cancel D. voided ANSWER: B A voidable contract may be made void at the instance of X the parties. A. A third person or by B. All C. Both D. One of ANSWER: D Contracts by X are the only formal contract in the law: it must be signed, sealed, and delivered. A. dare B. deed C. doe D. print ANSWER: B Simple contracts might be oral, or by writing or X. Simple contracts might be oral, or by writing or X. A. implied by conduct B. implied by fact C. implied by the law D. implied by the custom ANSWER: A Unlike the civil law ‘Droit des obligations", the American Contract Law does not X torts. A. Reject B. Imply C. Consider D. Encompass ANSWER: D American Contract law has its origin in English Common Law and continues to be common law in nature and methodology, but the US X individual states had passed specific legislation. A. Forty-nine B. Fifty C. filthy D. Fifty-one ANSWER: B An X contract is one where the terms are stated words. A. Reject B. Imply C. Consider D. Encompass ANSWER: D The National Conference, together with the American Law Institute, therefore, began work in 1942 on the project of a Uniform X Code (UCC). A. Conflict B. Contract C. Consideration D. Commercial ANSWER: D The sales provisions of the Code apply to all sales of goods, not only to those between X. A. Commerçants B. Traders C. Proprietors D. Merchants ANSWER: D The party tendering the offer, the X, manifests his intention to enter into a contractual obligation according to an objective (addressee-oriented) view of the circumstances. The party tendering the offer, the X, manifests his intention to enter into a contractual obligation according to an objective (addressee-oriented) view of the circumstances. A. offeror B. offerer C. offhand D. offhand ANSWER: A In order to know if a valid offer has been made, the following question must be asked: X a reasonable person, in the position of the recipient of the utterance, consider it as conferring on him the power to create a valid contract by means of acceptance? A. Would B. Could C. Might D. May ANSWER: A Advertisements or X do not constitute offers in American law but are instead viewed as invitations to the addressee to make an offer. A. Pubs B. Clips C. Claps D. Ads ANSWER: D The offer must be sufficiently clear and certain and must contain the essential elements of the X proposed. A. Bear B. Bean C. Accord D. Deal ANSWER: D The most important way of termination of the offer includes lapse of time (such as when the offer had a specified time limit or when a "X time," under the circumstances, has expired), A. reasonable B. tea C. normal D. usual ANSWER: A X Another important ways of termination of the offer include X by the offeror, or rejection by the offeree. A. revocation B. reclamation C. denigration D. evacuation D. evacuation ANSWER: A As a rule, an offer can be revoked any time before its acceptance. The rule is somewhat different in the case of X contracts. A. Bilateral B. Land C. Accord D. unilateral ANSWER: D If the seller is a merchant and declares in writing that the offer is open for a specified time (otherwise for a reasonable time), the declaration will be considered a "X offer" and cannot be revoked. A. Precise B. Solid C. Concrete D. Firm ANSWER: D Contracts are presumptively enforceable and valid (validation principle), with X addressed and filled through interpretation. A. Goops B. Grasps C. Hands D. Gaps ANSWER: D When an offeree relies on the offer and does expenses in a way that must have been foreseeable to the offeror, the Equity developed the doctrine of "X" to avoid the harshness of the consideration doctrine. A. promise stopped B. promissory estoppel C. promised estoppel D. promising estoppel ANSWER: B Originally, promissory estoppel facilitated the enforceability of gift promises, especially X promises, based on altruistic motives. A. intercity B. interfamily C. international D. intern ANSWER: B Promissory estoppel will also be applied to "contracts" that have the outward characteristics of a bargain, but may be unenforceable because of other defects, such as non-compliance with X requirements. A. born B. corn B. corn C. form D. horn ANSWER: B In addition to an express rejection, an acceptance introducing new terms or accepting under different conditions also constitutes a X. A. dejection B. rejection C. projection D. promising estoppel ANSWER: B The acceptance, at common law, must agree in all respects with the offer ("X image rule») or else no contract will come about. A. Glass B. Pane C. Window D. Mirror ANSWER: D If there is a variation in the "acceptance", it is a rejection of the initial offer, constituting a new offer in its own right (X). A. Offer counter B. Against offer C. Counteroffer D. Anti-offer ANSWER: C When offer and response differ but one party and accepted by the other nonetheless delivers goods, a contract will have been formed. Its terms are those of the last communication: the "X" rule. A. Last Book B. Good book C. Last word D. Good word ANSWER: C The X is difficult to apply in cases of parallel and inconsistent communications by the offeree. A. mailbox rule B. mail box rule C. postal law D. email rule ANSWER: A An offer terminates, in contrast to some civil law legal systems, with the X of the offeror or offeree prior to effective acceptance. A. death or incapacity B. death or capacity B. death or capacity C. Life or incapacity D. Life or capacity ANSWER: A Offers are effective, from the time of X, for the time specified in them, or for a reasonable time. A. their receipt B. their reception C. their acceptation D. their life ANSWER: A An effective acceptance of an offer presupposes that the offeree (the accepting party) knew of the offer and was its X. A. Address B. Addressor C. addressee D. Destiny ANSWER: C Silence does not constitute X. A. acceptation B. accord C. acceptance D. agreement ANSWER: C The basic element of the consideration doctrine was the idea of a "X". A. market B. bargain C. exchange D. trade ANSWER: B Modern approaches to consideration as a bargain moderate the concept considerably, in the sense that anything X by one party in exchange for his promise will make it binding. A. thought B. sought C. nought D. caught ANSWER: B Specific requirements for acceptance set down by the offeror, or usages observed by the parties in the past, may lead to different results. For instance, if the offeror has specified a form or manner for acceptance, the offeree can bring about a binding contract X these preconditions for a valid acceptance. A. market A. market B. bargain C. exchange D. trade ANSWER: B Some contracts require writing. According to the original common law, this included promises rendered in consideration of marriage, the promise of an executor of a will to be personally responsible for the debts of the estate of the decedent, and promises to pay the debts of another X. A. guarantee B. caution C. warrant D. securities ANSWER: A A statement or promise given under force or X, or under the threat of either, is voidable. A. duress B. surety C. fraud D. illegality ANSWER: C Undue influence encompasses all situations in which one party uses his particular influence over the other to X the latter to conclude the contract. A. endure B. induce C. insure D. endure ANSWER: B The X provides important limitations on what arguments a party may advance to prove the content of the contract. A. parole evidence rule B. word rule C. parol evidence rule D. Statute of frauds ANSWER: C The X warranties for the sale of goods are part of the contract, unless the seller has excluded them by valid stipulation, not limited by consumer-protective legislation. A. express and implied B. expressive and suppressive C. express and implicate D. expressed and implied D. expressed and implied ANSWER: A A condition is an X, the occurrence (or non-occurrence) of which is a precondition for a contractual obligation to arise or to terminate. A. event B. avengement C. case D. situation ANSWER: A There are three kinds of condition: precedent, concurrent and X. A. subsequent B. resolutely C. subsequently D. permanent ANSWER: A Full performance is an extraordinarily strict requirement and thus has been softened in practice by the introduction of the doctrine of "X”. A. substantive performance B. main performance C. substantial performance D. perfect performance ANSWER: C The common law and the UCC, however, permit a party to withhold performance because of an X by the other party and to claim damages. A. anticipatory repudiation B. preventive rupture C. before reputation D. easy breaking ANSWER: A Contractual duties may terminate as a result of impossibility, impracticability or X A. frustrate B. frustration C. undue sublicense D. Submission ANSWER: B If a party does not perform its contractual obligation, the other may claim damages for... This claim will lie for non-performance, defective performance, or in cases of anticipatory repudiation. A. rupture of contract B. breaching of contract C. breach of contract D. contract broken ANSWER: C ANSWER: C The goal is to put the injured party in the position he or she would have been in... A. had the contract been performed according to its terms B. if the contract had been performed according to its terms C. having the contract been performed according to its terms D. had been the contract performed according to its terms ANSWER: A Damages encompass the actual damages suffered as a consequence of the breach of contract (general damages) as well as further damages resulting from that breach (…), to the extent that these were foreseeable at the time the contract was concluded. A. specialist or consequential damages B. special or consequential damage C. special or consequential damages D. specialist or consequent ANSWER: C The award of X was confined to tort actions, but they are also awarded in commercial contract actions when large-scale business deals have gone awry and there is then a fine line between contract and tort with respect to the underlying theory of the litigation. A. punitive damages B. punition damages C. guilty damages D. punition damages ANSWER: A "X" serve a symbolic function: a symbolic amount (for instance “One cent") will be awarded when a breach of contract has occurred, but economic damage has not been suffered or cannot be proved. A. Nominative damages B. Nominee damages C. Nominal damages D. Nominee damages ANSWER: C Specific performance of the contractual obligation is an action derived from X jurisprudence and only will lie when the object of the contract is unique, that is, it cannot be replaced by money. A. common law B. equitable C. equity D. British ANSWER: B The common law required "…" with the result that only the original parties to the contract and their assignees had claims against each other. The common law required "…" with the result that only the original parties to the contract and their assignees had claims against each other. A. privity of contract B. privacy of contract C. triviality of contract D. privation of contract ANSWER: A A contract exists when two or more parties agree on promises X. A. to exchange things of value B. to give things of value C. to change things of value D. to exchange things of valor ANSWER: A Every contract must include a valid offer, acceptance, and X. A. consideration B. cause C. sideration D. contract ANSWER: A The offer represents the content of the agreement, the acceptance represents the fact of X itself, and the consideration represents the exchange of value. A. agreement B. caution C. consideration D. contract ANSWER: A For example, the offeror may say, “I X sell you this car for one thousand dollars.” A. Shall B. May C. Could D. Would ANSWER: A The offer also conveys power of acceptance to the offeree. The offeree may simply say, “It’s a X.” A. Deal B. Bill C. Will D. Affair ANSWER: A The X has exercised the power of acceptance conveyed to them by the offeror, and they have created a contract. A. Offeree A. Offeree B. Offeror C. Car dealer D. Vendee ANSWER: A A valid offer must contain X terms and must convey power of acceptance to the offeree. A.clear and definite B. clear and indefinite C. unclear and definite D. unclear and indefinite ANSWER: A To determine if the terms are clear and definite this, a common analytical device is the acronym QTIPS: Quantity of goods, services, etc ; Time for the contract to be performed; X who are contracting; Price; Subject matter of the contract. A. Identity of the persons B. Adresses of the persons C. Mobile phone numbers of the persons D. Ages of the persons ANSWER: A In the classical model, the offer contains all of the above, and the acceptance is merely an expression of X. A. Assent B. Consent C. Acceptation D. Absence ANSWER: A Missing terms will be filled in by what is determined to be X. A. Reasonable B. Possible C. Acceptable D. Illogical ANSWER: A Some terms, such as price and quantity, are more important. Courts are more likely to fill in a “reasonable” price when the contract is for the sale of X goods, less likely when it is for unique goods. A. Fungible B. Fongible C. Fungus D. Fuliginous ANSWER: A A valid offer conveys power of acceptance to the X; In other words, a simple expression of assent by the X will conclude the bargain. A valid offer conveys power of acceptance to the X; In other words, a simple expression of assent by the X will conclude the bargain. A. Offeree B. Offeror C. Offrant D. Coffreur ANSWER: A The statement, “I would like to consider selling you my car for a thousand dollars, but first I need to sleep on it,” does not convey power of acceptance to the person addressed, because it contains X language. A. Conditional B. Fictional C. Virtual D. Future ANSWER: A An offer made in X : An offer which the offeree knows or should know is made in X is not a valid offer. A. Rest B. Best C. Zest D. Jest ANSWER: D Preliminary negotiations and statements of future intentions: “I’m thinking of selling my car for a thousand dollars,” or “I am going to sell my car for a thousand dollars” X. A. Are probabilities B. Are counteroffers C. Are not offers D. Are offers ANSWER: C Price quotations: Generally, a price quote is not an offer, especially if it does not include a quantity, is not addressed to a particular X, or does not include words like “offer.” A. Offeree B. Offeror C. Car dealer D. Vendee ANSWER: A Solicitations of offers: One must often determine whether a proposal is a solicitation of an offer, or an offer, especially in the case of X. A. Advertissements B. Avertissements C. Badvertissements D. Cats ANSWER: A ANSWER: A Advertisements will normally be X by courts to be invitations to the public to make offers. A. Constructed B. Converted C. Construed D. Convives ANSWER: C An advertisement may be construed to be an offer if it would X a reasonable prospective buyer to believe that an offer was intended; this would be so if the advertisement contains the elements of an offer: clear and definite terms, and apparent conveyance of power of acceptance to the offeree. A. Mean B. Leed C. Lead D. Convince ANSWER: C Putting an item up for X is a solicitation of offers. A. action B. auction C. audition D. bargain ANSWER: B The acceptance is the offeree’s manifestation of X. A. consent B. conquest C. assentive D. request ANSWER: A The acceptance represents agreement, and it X the contract. A. Constitutes B. creates C. Vanishes D. Loves ANSWER: B To be valid, the acceptance must be knowing, voluntary, and X. A. liberate B. Libel C. deliberate D. Deliver ANSWER: C In determining whether a valid acceptance has been made, the proper focus is on whether a reasonable offeror would understand that the offeree had accepted. As with the analysis of the offer, this is the objective, or “reasonable person” test; In other words, it does not matter what the offeror and offeree actually intended their words or actions to In determining whether a valid acceptance has been made, the proper focus is on whether a reasonable offeror would understand that the offeree had accepted. As with the analysis of the offer, this is the objective, or “reasonable person” test; In other words, it does not matter what the offeror and offeree actually intended their words or actions to mean (the X test), it matters how a reasonable person would have interpreted them. A. Objective B. subjective C. Subject D. Request ANSWER: B Communication to the offeror: When communication is instantaneous, such as face-to-face or by telephone, acceptance is valid when it is received by the offeror; when the communication is through the mail or by another means that involves a time delay, then the X rule applies, and acceptance is valid upon dispatch. A. Mail-box B. Mailbox C. Mails in box D. Mail Box ANSWER: B There is an exception of the mailbox rule for X contracts: acceptance is valid upon receipt, not upon dispatch. A. Position B. Opposition C. Option D. Opinion ANSWER: C The acceptance must be in accord with the substantive terms and the procedural X of the offer. A. Required B. Requisitions C. Rules D. Requirements ANSWER: D Regarding substantive terms, responding to, “I’ll sell you my car for a thousand dollars,” with, “OK, I’ll give you five hundred for it,” is not a valid acceptance, because the terms of the acceptance conflict with the terms of the offer (The response would be a X rather than an acceptance.) A. Contraoffer B. Counteroffer C. Controffer D. Contra-offer D. Contra-offer ANSWER: B Historically, courts followed the “X” rule: if the acceptance varied in any way from the offer, it was not valid. A. mirror image B. minor image C. admirer image D. mirrour image ANSWER: A Modernly, minor variations will not X the acceptance. A. Validate B. Invalidate C. Admit D. Reject ANSWER: B Acceptance by X : If I say, “I’ll pay you a hundred dollars if you mow my lawn tomorrow,” and you say nothing, but you do mow my lawn tomorrow, this is a valid acceptance. A. Execution B. Redress C. Performance D. Reformation ANSWER: C Partial performance: When acceptance may be by performance, and the performance cannot be accomplished instantaneously, the offeror may not revoke the offer once performance has X. A. Begin B. Start C. Commence D. Begun ANSWER: D Bilateral contract: If the offeror intended to create a bilateral contract (a promise in exchange for a promise), then beginning performance constitutes an implied promise; It is a valid acceptance and the offeree is obligated to X performance. A. Finish B. Make C. Dare D. Care ANSWER: A Unilateral contract: If the offeror intended to create a unilateral contract, then acceptance is made when performance is finished; The offeree has no obligation to finish performance once they have begun; Modernly, courts will only find X to create a unilateral contract when express language exists. Unilateral contract: If the offeror intended to create a unilateral contract, then acceptance is made when performance is finished; The offeree has no obligation to finish performance once they have begun; Modernly, courts will only find X to create a unilateral contract when express language exists. A. Pretention B. intention C. Attention D. Intent ANSWER: D Implied-in-Fact Contract: A contract or X may be construed even when there are no explicit words, if there is an unambiguous offer and acceptance, mutual intent to be bound, and consideration; Courts will look to the facts and the parties’ conduct. A. contract word B. contract firm C. contract term D. contract sun ANSWER: C Rewards: An offer of a reward made to the public is an executory offer of a unilateral contract; In order to collect the reward, the person performing must have X about the offer; Such an offer may be revoked by publishing the revocation with the same notoriety as the original offer. A. Born B. Sworn C. Torn D. Known ANSWER: D It does not matter if the notice actually reaches one who X; Exception: Note that when such an offer can only be accepted by one person (e.g. there is only one lost dog to be returned), then the offeree is a unique individual who is as yet unidentified. A. attempts acceptance B. attempts offer C. attempts acceptance and offer D. request acceptance and offer ANSWER: A This means that if the person who eventually becomes the offeree by completing performance, had started to perform before the revocation was made, then the revocation was X. A. effective B. ineffective C. efficace D. reflexive ANSWER: B Effective date of acceptance: An acceptance takes effect when it is dispatched to the offeror; On the telephone, dispatch and receipt of the acceptance are X; In the mail, acceptance may be dispatched within the time required by the terms of the offer, but received too late.  Effective date of acceptance: An acceptance takes effect when it is dispatched to the offeror; On the telephone, dispatch and receipt of the acceptance are X; In the mail, acceptance may be dispatched within the time required by the terms of the offer, but received too late. A. Delayed B. Possible C. Simultaneous D. On request ANSWER: C Knowledge of the offer: The offeree cannot accept an offer he does not know exists; In the case of rewards offered for taking certain actions, the offerees must know about the reward offer before they X the action. A. Make B. Taken C. Made D. take ANSWER: D Silence as acceptance: Generally, silence or inaction cannot X as acceptance. A. serve B. Reserve C. Service D. Value ANSWER: A Generally, silence is no acceptance; Exceptions to this are if the offeree takes X, or indicates that silence will operate as acceptance. A. the benefice of the offer B. the benefit of the offer C. the benefit of the acceptance D. the benefice of the Request ANSWER: B Only the offeree has power of acceptance: Only the offeree, as designated by the offeror, X accept the offer. A. Will B. May C. Shall D. Must ANSWER: B If I say to you, “I’ll sell you my car for a thousand dollars,” and another person present says, “It’s a deal,” this has no X. A. Suspect B. Effect C. Suspicion D. Reason ANSWER: B ANSWER: B A revocation is effective when it is communicated to the offeree or the offeree learns of an act by the offeror that is X with the offer, such as learning that the offeror has sold the item in question to someone else. A. wholly consistent B. wholly inconstant C. wholly inconsistent D. wholly in-content ANSWER: B Rejection: When the offer is for the sale of a number of items, acceptance of one or more of them may function as a rejection of the offer to purchase X. A. All the items B. The rest of them C. No item D. Another part ANSWER: B Power of acceptance may be terminated in five ways: - Lapse of the offer: The offer may lapse after a stated time has passed, or after a X time. A. Tea B. Reasonable C. Normal D. Dog ANSWER: B Power of acceptance may be terminated in five ways: - Rejection: The offeree’s X to the offeror, rejecting the offer, terminates their power of acceptance, should they later change their mind. A. Delivery B. Opinion C. Communication D. Acceptance ANSWER: C Power of acceptance may be terminated in five ways: - Counteroffer: A counteroffer always includes a rejection of the original offer; A firm counteroffer may be distinguished from an exploration, in which the offeree wishes to explore the possibility of different terms but may still wish to accept the X offer. A. True B. Original C. Great D. Partial ANSWER: B Power of acceptance may be terminated in five ways: - Revocation: The offeror is “master of the offer” and may freely revoke it until acceptance; The revocation is only effective once it has been communicated to the offeree; This communication may be indirect, as when the offeree Power of acceptance may be terminated in five ways: - Revocation: The offeror is “master of the offer” and may freely revoke it until acceptance; The revocation is only effective once it has been communicated to the offeree; This communication may be indirect, as when the offeree reliably learns, perhaps from a X, that the offer is no longer open. A. Second party B. Third party C. Absent D. Other party ANSWER: B Power of acceptance may be terminated in five ways: - X or mental disability of either party: No contract may be formed if either party has lost the ability to form contractual intent before acceptance. A. Decision B. Death C. Trill D. Trip ANSWER: B If both parties are merchants and there are different and contradictory terms, then they obviously cannot both become part of the contract; the “knockout rule” then applies: contradictory terms are X out and UCC gap fillers replace them with reasonable terms. A. Filled B. Knocked C. Killed D. Destroyed ANSWER: B Consideration is that thing of value, given in exchange for a promise, that makes the promise X. A. unenforceable B. forceable C. enforceable D. Impossible ANSWER: C Not all promises are enforceable; The clearest case is a gift; If, out of the blue, your uncle promises to buy you a bicycle tomorrow, and you happily accept his offer, and then he changes his mind, you have only your own powers of persuasion to compel him to carry through; If however, your uncle promises to sell you his car for a thousand dollars, and you agree, and he changes his mind, you have the power of the law on your side, for any X you have incurred. A. damage B. dammages C. damages C. damages D. Rampages ANSWER: A Historically, any consideration would do; a promise to give away one’s kingdom was unenforceable - “A X, a X, my kingdom for a X!”(Richard III, Act 5, scene 4, line 13) A. Cow B. Horse C. Rabbit D. Frog ANSWER: B Historically, any consideration would do; a promise to give away one’s kingdom was unenforceable, but a promise to “trade one’s kingdom for a X,” was enforceable. A. pepper B. peppercorn C. salt grain D. dog ANSWER: B Bargained-for exchange: Consideration is more likely to be judged to be valid if it was bargained for; Thus, a court may balk at enforcing my promise to sell my new Mercedes for one hundred dollars, but if they find that you offered to buy it for fifty dollars and I insisted you pay a hundred, the consideration will more likely be thought X. A. Void B. Stupid C. Rapid D. valid ANSWER: D Benefit to the promisor or X to the promisee: If I say, “I will give you my car,” I have made a promise; Standing alone, the promise appears to be an unenforceable gift; If I say, “I will give you my car in exchange for a thousand dollars,” we must examine whether the promise of the thousand dollars is valid consideration, and we may do so by judging whether it is a benefit to me, the promisor, or a X to you, the promisee. A. nutriment B. ailment C. aliment D. detriment ANSWER: D Sham consideration: “Sham consideration is no consideration” ; Parties to an agreement will often X to make a gift enforceable by “reciting” consideration, e.g. by writing into the contract, “in consideration of $1 paid,” or similar language; Courts will generally judge this to be “sham” consideration, which is no consideration at all.  Sham consideration: “Sham consideration is no consideration” ; Parties to an agreement will often X to make a gift enforceable by “reciting” consideration, e.g. by writing into the contract, “in consideration of $1 paid,” or similar language; Courts will generally judge this to be “sham” consideration, which is no consideration at all. A. Temp B. Tempest C. Active D. Attempt ANSWER: D The existence of consideration is determined as of X the contract is made. A. The place B. The men C. The horses D. The time ANSWER: D X duty: A party’s action which he was already legally obligated to take cannot be consideration. A. Existing B. Pre-living C. Pre-modern D. Pre-existing ANSWER: D A modification of a contract generally requires X consideration, though it may be merely recited; Under the UCC, no consideration is needed for a modification of a contract for the sale of goods. A. Modify B. Change C. Alleviate D. Separate ANSWER: D An exception might exist if an unforeseen event would X the non- performance of the contract according to its original terms. A. excuse B. change C. alleviate D. separate ANSWER: A When a party agrees not to assert a cause of action that they believe in X they have the right to assert, in exchange for some promise or act by the other person, this may be called a compromise, and it is valid consideration. A. Solid faith B. Faith C. Bad faith D. Good faith D. Good faith ANSWER: D These are theories under which promises may be found to be enforceable, outside of traditional consideration theory. It is useful to think of X and promissory estoppel as growing out of traditional consideration doctrine. A. Unjust enrichment B. Just enrichment C. Just enchantment D. Equity enrichment ANSWER: A Estoppel has its legal roots in X; when someone is "estopped," he effectively loses the right to invoke a particular defense. A. Equity B. Law C. code D. Case law ANSWER: A Unjust enrichment’s link to consideration is through the “benefit to the promisor” concept; sometimes the basis of the unjust enrichment claim clearly is a benefit to the promisor, for example in a contract that is void or voidable, but unjust enrichment theory may also be applied X a promise. A. Present B. Out C. Absent D. Further ANSWER: C Unjust enrichment has two elements: X (or benefit); It is not enough for a benefit to be gained, it must be unjust for it to be kept, or no cause of action arises. A. justice and enrichment B. injustice and wealth C. justice and assent D. injustice and enrichment ANSWER: D The remedy for unjust enrichment is restitution; Restitution can also be a X when there is a contract that is breached, or an implied-in-fact contract. A. Drug B. Damage C. Remedy D. Ailment ANSWER: C ANSWER: C In the case of unjust enrichment, there is an implied-in-law contract or quasi-contract; The difference can affect the measure of damages. Damages for breach of an implied-in-fact contract may be based on the contract price, while damages in unjust enrichment would be based on the X conferred. A. benefice B. benefit C. profit D. gain ANSWER: B The material benefit rule, however, allows X consideration to make a subsequent promise enforceable, so long as there is found to be a X to fulfill the promise; There is still technically no consideration. There are three elements: The promisor received a benefit from the promisee before the promise was made; The benefit unjustly enriched the promisor; The promisor subsequently made a promise to pay for the benefit. A. virtual obligation B. past moral obligation C. moral obligation D. true obligation ANSWER: B The doctrine is most clearly accepted when a debtor promises to pay a preexisting unenforceable legal debt, such as a debt discharged in X or barred by a statute of limitations. It may also be used in other cases where the three elements are met, including: a promise to perform a voidable duty, a promise to pay for a benefit previously received, and a promise to pay the debt of another (guaranty). A. Banqueruct B. Moral burn out C. Bankruptcy D. Federation ANSWER: D Promissory X is a doctrine that applies when a gratuitous promise is made, and the promisee reasonably and foreseeably relies on it to their detriment. In this, it is very clearly linked to traditional consideration doctrine, in that ordinary consideration may also include detrimental reliance on the part of the promisee. A. estopped B. estoppel C. stoppel D. stopped ANSWER: B ANSWER: B The general rule is that a promise may be enforced, even absent consideration, if: the promise is clear and definite, the promisor intended to induce the promisee to rely on the promise, the promisee detrimentally relied on the promise in a reasonable and foreseeable way, and enforcement of the promise is required to prevent an X. A. justice B. law C. injustice D. order ANSWER: C Offers are generally freely revocable until accepted; However, an offeror may promise not to revoke an offer for a period of time; If this promise is supported by consideration, then it is a valid option contract; Courts are much less likely to examine whether the consideration is X or nominal in the case of option contracts; A mere recitation of consideration will likely suffice. A. Balm B. Sham C. Glam D. Gram ANSWER: B Under common law, the pre-existing duty rule is applied, and a modification to a contract must have its own consideration, though it may be merely recited; However, beware of situations where a (seemingly gratuitous) agreement to extend the time for payment of a debt with annual interest is actually supported by the consideration of the additional interest; In addition, a modification to a contract may become enforceable if it would be X in light of unanticipated circumstances. A. Unfair B. Equity C. Fair D. Request ANSWER: B If a proper contract was never X, the contract is either void or voidable; A void contract is no contract at all, but a legal nullity, and it cannot be enforced by either party. A voidable contract may be invalidated by the aggrieved party, or the aggrieved party may choose to keep the contract in force. A. achieved B. arrived C. formed D. driven ANSWER: C ANSWER: C Misrepresentation: A false statement of fact; Misrepresentation of opinion is not actionable; Misrepresentation is also a X. A. Sort B. Contract C. Tort D. Quasi-contract ANSWER: C X: Misrepresentation made with the knowledge that it is untrue. A. Scientist B. Knowledge C. Scienter D. Known ANSWER: C The misrepresentation must concern facts represented to, and X by, the other party. A. lied upon B. bound without C. relied upon D. requested ANSWER: C In principle, there is no affirmative X to inform - to come forward and volunteer facts and information. A. debt B. deity C. duty D. Dog ANSWER: C Fraud: Scienter made with the intent to mislead the other party. May be an express statement, deliberate X of a fact, or sometimes a failure to disclose a fact. When fraud is used to induce a contract, the contract is voidable. A. consent B. conquest C. concealment D. request ANSWER: C Fraud in the factum (void): If the fraud consists of misrepresenting the actual existence of the subject matter of the contract, then the contract is void; An example would be selling a piece of X that does not exist. A. Good B. Property C. Element D. Presence D. Presence ANSWER: B Fraud in the inducement - If the fraud consists of misrepresenting the facts in order to induce assent to the contract, then the contract is voidable; Knowledge of falsity: This may include X or reckless indifference to the truth. A. Living B. Lying C. Laying D. Falsifying ANSWER: B Voidable contracts : Duress (less than extreme physical); Undue influence; Frivolity; Fraud in the inducement; Statute of frauds; X / release; Incapacity; Mistake A. Ailes B. Waves C. Waiver D. Liwers ANSWER: C Fraudulent: Made with knowledge it is untrue and intent to X; most serious. A. Masterful B. Error C. Mislead D. Mistake ANSWER: C Negligent: Made X with no intent to mislead; may give rise to a remedy. A. carefully B. barely C. carelessly D. Lesley ANSWER: C Innocent: Untrue but made without lack of care or intent to mislead; X to give rise to a remedy. A. More likely B. less likely C. likely less D. Carelessly ANSWER: B Damages for fraud: Damages may include rescission (releasing the parties from performance) as well as restitution for any unjust enrichment; if there has been partial performance. In some cases, punitive damages may be available. Although X damages are usually not available in contracts law, fraudulent misrepresentation is also a tort. Damages for fraud: Damages may include rescission (releasing the parties from performance) as well as restitution for any unjust enrichment; if there has been partial performance. In some cases, punitive damages may be available. Although X damages are usually not available in contracts law, fraudulent misrepresentation is also a tort. A. punitives B. Punition C. Punitive D. Sanction ANSWER: C Illegal contracts - No one may contract to perform an illegal act; Such contracts are X. A. Null B. voidable C. Cancelled D. void ANSWER: D Courts may refuse to enforce a contract, declaring it void, when the terms are unconscionable based on the mores and practices of the community, when the terms are unreasonably favorable to one party, or when there is an absence of meaningful choice on the part of one party in entering the contract; the injustice must be such as to “shock the X” of the court. A. conscience B. conquest C. mind D. electricity ANSWER: A The doctrine of unconscionable contracts is often applied in the case of contracts of adhesion; a contract of adhesion is a boilerplate “X” contract that one party offers to another, with little or no opportunity for negotiation; a court may void an unconscionable part of a contract, leaving the rest enforceable. A. take it or eat it B. take it or leave it C. take it or run it D. take it or say it ANSWER: B A contract is illusory if one of the party’s promises is not real; this may be thought of as another type of lack of consideration, e.g. “I’ll pay you if I X like it.” A. Say B. Feel C. Mean D. See ANSWER: B Duress: Compulsion of a manifestation of assent by force or threat; it may be actual physical force or threat of future adverse consequences; the threat may be of physical violence to the other party or a loved one, or may be a threat of economic harm or harm to a significant interest that cannot be measured in economic terms; the pressure must have Duress: Compulsion of a manifestation of assent by force or threat; it may be actual physical force or threat of future adverse consequences; the threat may be of physical violence to the other party or a loved one, or may be a threat of economic harm or harm to a significant interest that cannot be measured in economic terms; the pressure must have been applied by one of the parties; the economic pressure of the marketplace does not constitute duress; merely taking advantage of another’s economic X generally is not duress. A. Seed B. Meal C. need D. Breed ANSWER: C Extreme physical duress makes a contract X; lesser duress makes it voidable. A. voidable B. devoid C. void D. void again ANSWER: C Misunderstanding is when parties attach materially different meanings to contract terms; X evidence is admissible to determine whether there is a misunderstanding. The court will find that, appearances to the contrary, the parties did not form a contract. A. parole B. Oral C. Parola D. Parol ANSWER: D Courts may invalidate a contract if the obligation of one of the parties is so vague or ambiguous that it is impossible for the court to determine what enforcement would X. A. entail B. tail C. reveal D. request ANSWER: A In the absence of illegality, courts may still declare a contract void, choosing not to enforce it based on X concerns. A. Public policy B. Public order C. Politics D. Public ANSWER: A Courts may make a contract voidable when one party abuses its power in a relationship of submissiveness or X, but actual fraud or duress cannot be pinpointed. Courts may make a contract voidable when one party abuses its power in a relationship of submissiveness or X, but actual fraud or duress cannot be pinpointed. A. crust B. trusted C. brust D. trust ANSWER: D X - Courts will not enforce a contract when it is “clearly” made in jest (jocandi causa); whether a contract is clearly a joke will be a judgment based on what the court thinks is reasonable. A. Rationality B. Frivolity C. Intelligence D. Clarity ANSWER: B Statute of X - For certain types of contracts, there must be a writing signed by the party against whom the contract is being enforced, and the writing must include the substance of the agreement; if such a writing does not exist, the contract is voidable at the option of the party that did not sign. A. Duress B. Frauds C. Parol D. Scores ANSWER: B That party may void the contract by raising the statute of frauds as an affirmative defense: transfer of X A. Land estate B. Land sale C. Band sale D. Sand sale ANSWER: B That party may void the contract by raising the statute of frauds as an affirmative defense: sale of X A. Goods $5000+ B. Goods $500+ C. Goods $1500+ D. Goods $2500+ ANSWER: B That party may void the contract by raising the statute of frauds as an affirmative defense: One year (X cannot be performed within one year). A. serve B. service B. service C. serving D. self service ANSWER: B That party may void the contract by raising the statute of frauds as an affirmative defense: Suretyship (debt of another); A. Securities B. Suretyship C. Sandstones D. Scrutinies ANSWER: B That party may void the contract by raising the statute of frauds as an affirmative defense: X consideration of marriage. A. Prenuptial B. Suretyship C. Marital D. Family ANSWER: A That party may void the contract by raising the statute of frauds as an affirmative defense: Executor/administrator (as of a X). A. mill B. will C. bill D. rill ANSWER: B The clearest way to do the analysis is in two steps: Is the contract within the statute (i.e. does one of the above situations apply)? If not, your analysis is over; the contract is not affected by the statute. If it is within the statute, then: Is there a writing signed by the party to be bound and containing the substance of the X? A. contracts terms? B. contract’s firms? C. contract’s terms? D. contract’s thermes? ANSWER: B Satisfaction of the Statute of Frauds does not require that there be a writing reflecting the X of a contract. A. contempt B. Causality C. capacity D. Content ANSWER: D A person who lacks capacity to contract may avoid enforcement of a contract; There are two categories: minors, and those lacking X. A person who lacks capacity to contract may avoid enforcement of a contract; There are two categories: minors, and those lacking X. A. oral capacity B. sensual capacity C. mens D. mental capacity ANSWER: D The common law required the attainment of age X for capacity to enter into binding contracts; the Federal constitution has lowered this requirement to age 18. A. 18 B. 21 C. 25 D. 23 ANSWER: B Generally, a minor may avoid enforcement of a contract simply by showing that they were a minor at the time the contract was entered into; the contract is voidable at the minor’s option; if the minor chooses to X the contract, they may recover against the other party for restitution damages, which will be offset by the reasonable value of any benefit they received. A. Disaffirm B. Affine C. Affirm D. Confirm ANSWER: A Intoxication can be a valid defense if the following conditions are met: the promisor was truly X, the promisee knew of the impairment, and the promisor made a timely effort to annul the contract. A. paired B. twinned C. impaired D. mad ANSWER: C Intoxicated (alcohol, drugs) persons also lack capacity if their condition was known to the other party or should have been X. A. discreet B. disappeared C. apparent D. transparent ANSWER: C Mistake: The X of mistake can be grounds for rescission of a contract when one or more parties makes a mistake about the factual circumstances underlying the contract. A. Jurisprudence A. Jurisprudence B. Case Law C. Doctrine D. Theory ANSWER: C Mistake: The following elements must be met: The mistake relates to facts in existence at the time the contract was formed. (Mistakes of judgment don’t count. Mistakes about X fall under excuse due to changed circumstances); The mistake relates to a basic assumption on which the contract was made (i.e. what the subject matter is rather than what it is worth); The mistake has a material effect on the contract; The complaining party did not bear the risk of the mistake. A. Present events B. Future events C. Futural events D. Ancient events ANSWER: B Assumption of risk may be X or implicit. A. implicit B. Hid C. explicit D. Told ANSWER: C Mutual mistake: Both parties make the mistake; Remember the “X rule”: conscious ignorance on the part of one party eliminates the “shared” aspect of the mistake; this is implicitly assuming the risk of the mistake. A. Rabbit B. Fox C. Ostrich D. Wolf ANSWER: C Unilateral mistake: One party makes a mistake; it is X difficult for the mistaken party to get rescission. A. Less B. More C. Most D. Least ANSWER: C Courts may need to interpret or X contract terms where the original terms of the contract are missing, or are unclear or ambiguous; rather than declare a contract void for vagueness, courts will facilitate commerce by holding the contract valid with the additional interpretation or construction. A. Interpret A. Interpret B. Understand C. Construe D. Consider ANSWER: C Interpretation: The process of discerning the meaning of ambiguous contract terms; Construction: The process of adding contract terms by X. A. Factual implication B. Legal implication C. Moral implication D. Signal implication ANSWER: B The parol evidence rule is a misnomer - First, parol evidence is defined as oral evidence, but the parol evidence rule applies to oral and written evidence extrinsic to a contract; Second, the rule is not only a rule of evidence, but a guide in X. A. interpretation and not construction B. interpretation and construction C. interpretation and building D. land construction ANSWER: B The parol evidence rule prohibits the introduction of extrinsic evidence of prior or contemporaneous agreements offered to X, vary, or modify an unambiguous writing which the parties intended to be a full and final expression of their agreement. A. Consent B. Contradict C. Confirm D. Affirm ANSWER: B Oral agreements made before or contemporaneously with the execution of the writing and written agreements made X the writing, are considered questionable, especially if they contradict the written contract. Courts may refuse to admit this evidence, keeping it from the fact-finder. A. After B. before C. During D. meanwhile ANSWER: B Note that oral and written agreements made after the formation of the contract are not X by the rule, because they can be considered new contracts or modifications of the original contract; written agreements made contemporaneously with the original contract are not covered by the rule, because they can constitute part of the contract itself. Note that oral and written agreements made after the formation of the contract are not X by the rule, because they can be considered new contracts or modifications of the original contract; written agreements made contemporaneously with the original contract are not covered by the rule, because they can constitute part of the contract itself. A. covered B. congested C. played D. seen ANSWER: A The parol evidence rule was once applied strictly: if a written contract was clear on its face, with no obvious omissions (“X”), then a judge would not even consider the content of evidence covered by the rule. A. Parftly integrated B. Fully integrated C. Partly integrated D. Integrated ANSWER: B Modernly, the rule has ceased to be a rule of evidence and is more of a X in analyzing such evidence. A. Rule B. Guideline C. Soft Law D. Law ANSWER: B Condition: An event that creates, limits, or X an obligation. A. charges B. discharged C. discharges D. recharges ANSWER: C Condition precedent: A condition that creates a X obligation. A. Present B. Past C. Past and future D. Future ANSWER: D Conditions X: Simultaneous conditions that create simultaneous obligations. A. concurrent B. recurrent C. current D. concurrence ANSWER: A Condition subsequent: A condition that X a preexisting obligation. A. reneges B. negates C. Renegates C. Renegates D. Requests ANSWER: B Implied condition: A condition inferred by the court from the facts of the case; based on the X of the parties. A. Intention B. intent C. Ressent D. Request ANSWER: B Constructive condition: A condition X by the court as a matter of law; based on public policy principles. A. Consented B. created C. Recreated D. Born ANSWER: C Under some circumstances, an express condition may be X. A. excused B. conquest C. assent D. request ANSWER: A A waiver is a knowing and voluntary abandonment of a right; it may be made expressly or impliedly; It is X, without anything being received in exchange. If something were received in exchange, consideration would be present and the change would constitute a modification contract. A. both-sided B. mutual C. one-sided D. requested ANSWER: C Performance of a condition may be excused if the other party engages in obstructive or uncooperative conduct; this has the effect of making the obligations of the X party unconditional. A. obstruction B. obstructivated C. obstructive D. opposite ANSWER: C The doctrine of X arises when one party is alleged to have failed to perform its obligations under a contract; The court will determine whether the party alleged to have breached has committed a material breach or has substantially performed; To determine that a party has materially breached is to determine that it has not substantially performed. The doctrine of X arises when one party is alleged to have failed to perform its obligations under a contract; The court will determine whether the party alleged to have breached has committed a material breach or has substantially performed; To determine that a party has materially breached is to determine that it has not substantially performed. A. breaching B. breach C. beach D. breached ANSWER: B The determination is important because if the breaching party has substantially performed, they may enforce the contract, holding the X to their performance (usually payment), minus any allowance for the economic loss. A. breaching party B. surfing party C. non-breaching party D. non-breaching partie ANSWER: C In contrast, if the breach is material, the breaching party has no claim to damages under the contract; they may only pursue a limited claim under X for the benefits conferred by their part performance. A. just enrichment B. entrichtend C. unjust enrichment D. illegal enrichment ANSWER: C Damages: Note that in order to find for a party claiming breach of contract, there must be X; a court may find that there was a breach, but no X, and so the breaching party owes nothing. A. dammages B. damage C. damages D. Illness ANSWER: B Material breach: A substantial violation of a contractual obligation, such that the non-breaching party does not receive a substantial benefit of the bargain; this usually excuses the aggrieved party from further performance and affords it the right X damages. A. to sue for B. to sue against C. to quest D. to request ANSWER: A Substantial performance: Performance of the primary, necessary terms of an agreement; contract continues with further performance, some damages may be X. Substantial performance: Performance of the primary, necessary terms of an agreement; contract continues with further performance, some damages may be X. A. Given B. Awarded C. Granted D. Refused ANSWER: B Breach under the UCC: The UCC has its own rules for breach that apply to sales of goods; the important difference is that historically, under the X, any breach is a material breach. A. perfect rule B. perfect tend ruler C. tender rule D. perfect tender rule ANSWER: D Modernly, courts have interpreted the X as applying only to “substantial” breaches. A. Law B. Case Law C. Notion D. Rule ANSWER: D Installment contracts: An installment contract is a contract calling for X deliveries. A. Separation B. Spear C. Spare D. Separate ANSWER: D The buyer may reject an installment only if it substantially impairs the value of that installment and cannot be X. A. Caused B. Cureta C. Four D. cured ANSWER: D In addition, the buyer may X the whole contract if a defect in one installment substantially impairs the value of the whole contract. A. Black out B. Execute C. void D. cancel ANSWER: D Anticipatory repudiation: Repudiation of a contractual duty before the X for performance gives the injured party an immediate right to damages, creates their obligation to mitigate any further damages, and discharges their remaining duties of performance. Anticipatory repudiation: Repudiation of a contractual duty before the X for performance gives the injured party an immediate right to damages, creates their obligation to mitigate any further damages, and discharges their remaining duties of performance. A. time B. Delay C. Timelimit D. Hour ANSWER: A The breaching party must have made it clear by their actions or statements that they do not intend to perform; the reason a party may wish to repudiate is if they know they will be unable to perform and they want to force the non-breaching party to X damages. A. mitage B. mitigate C. litigate D. renegate ANSWER: B Anticipatory repudiation does not apply when the non-breaching party has X performed. A. party B. not C. fully D. essentially ANSWER: C Impossibility: The contract performance cannot be X (e.g. supervening illegality, supervening destruction, or death or incapacitating illness of a party). A. carried off B. carried out C. made off D. requested ANSWER: B Impracticability: The contract performance is too X to carry out, which must be subjectively and objectively impracticable; the aggrieved party’s belief that performance would be impracticable is insufficient; the courts will decide if it is reasonable to require performance. A. Light B. Bright C. Burdensome D. Possible ANSWER: C Frustration of purpose: The contract performance can be carried out but it would not serve the X purpose of the contract; both parties must have a shared understanding of what the original purpose of the contract was. (Coronation example: Krell v. Henry.) Frustration of purpose: The contract performance can be carried out but it would not serve the X purpose of the contract; both parties must have a shared understanding of what the original purpose of the contract was. (Coronation example: Krell v. Henry.) A. true B. light C. original D. orignal ANSWER: C Courts will examine the X of the supervening events (for instance whether the risk was allocated to a party) and the totality of the destruction of the purpose. A. foreseen-ability B. previous C. foreseeability D. antecedent ANSWER: B Ways a duty may be discharged : X and Satisfaction; Condition subsequent; Release/waiver; Illegality (supervening); Modification (partial discharge); Impossibility/impracticability/frustration of purpose ; Novation ; Account stated (multiple duties combined into one statement of account); Lapse of time (mutually conditional promises and neither party performs) ; Substituted contract; Cancellation; Rescission; Operation of law (for example a bankruptcy court discharges a debt); Performance or tender of performance; Statute of limitations A. Agreement B. Accord C. Contract D. Convention ANSWER: B In protecting the promisee’s expectation interest, X will seek to put the non-breaching party in a position as if the contract was performed. A. Laws B. courts C. King D. Queen ANSWER: B Assuming money damages, the amount is measured by the X in value to the injured party caused by the failure of the failing party, plus consequential and incidental damages, minus any costs they avoided by not having to perform. Though the measurement is of losses to the injured party, they must be objectively reasonable. A. Gloss B. Loss C. Boss C. Boss D. Moss ANSWER: B The measurement may refer to the X of the performance, or to a substitute transaction. A. Value B. Market value C. Secret value D. Request value ANSWER: B Direct damages: Damages that X from the breach of contract. A. naturally glow B. naturally follow C. naturally flow D. flow ANSWER: C Consequential damages: Damages that are the X of breach of contract, i.e. loss of profits, damage to property, etc; reaching party will be liable for reasonably foreseeable consequences of the breach. A. consent B. conquest C. consequence D. request ANSWER: C Incidental damages: Costs incurred in coping with the breach of contract, i.e. arranging for X performance, etc. A. alternate B. alternative C. Alter D. Other ANSWER: B Causation damages : The damages must have been X the breach. A. caused with B. caused by C. caused of D. caused off ANSWER: B Reasonable certainty: The damages must be X certain. A. certainly B. reasonably C. sensibly D. normally ANSWER: B Foreseeability: The consequential damages must be foreseeable; e.g. I failed to repair your car on time and so you missed a meeting where you were going to seal an important business deal; the key is X you informed me of the importance of the timing when we contracted: this is what  Foreseeability: The consequential damages must be foreseeable; e.g. I failed to repair your car on time and so you missed a meeting where you were going to seal an important business deal; the key is X you informed me of the importance of the timing when we contracted: this is what makes the damages foreseeable. A. Weather B. Neither C. Whether D. Nor ANSWER: C A liquidated damages clause in a contract makes certain (“liquidates”) the amount of damages in case of breach; this is done because it is expected that damages would be X to calculate. A. Possible B. Illegal C. Difficult D. Legal ANSWER: C Rescission: Rescission allows a party to X a contract; this is logically separate from damages based on breach of contract, in which the aggrieved party would be seeking to affirm the contract. A. Affirm B. Confirm C. Reaffirm D. Disaffirm ANSWER: D Rescission must be based on some defect with the contract, such as material breach, lack of consideration, fraud, or X. A. due influence B. undue influenza C. due influent D. undue influence ANSWER: D In the case of illegality, duress, or mistake, rescission is the only remedy; a party may not sue for breach based on these defects, but must either take the contract as is, or rescind; often a party will couple rescission with X, seeking to disaffirm the contract and obtain damages for value already transferred. A. restitute B. relation C. rertaliation D. restitution ANSWER: D In the case of mutual rescission, both parties may agree to rescind a X contract. In the case of mutual rescission, both parties may agree to rescind a X contract. A. Unilateral B. Unique C. Bisexual D. Bilateral ANSWER: B Reformation: When a written contract does not reflect the actual agreement between the parties, for example because of an inadvertent typographical mistake or “X error,” the court may reform the contract so that it accurately describes the true agreement. A. scribe’s B. writer's C. scriveners' D. scrivener’s ANSWER: D Specific performance: When money damages would be inadequate to compensate the X party, the court may order specific performance, compelling the defendant to transfer ownership of property, or accomplishing the transfer by court order. A. Aggrieved B. Lost C. Happy D. Retreat ANSWER: B Injunction: Compelling a defendant to perform a services contract is not as easy to enforce; therefore, instead of ordering a defendant to X, a court may instead enjoin them from certain other actions, such as working for plaintiff’s competitors. A. Perform B. Reform C. Form D. Request ANSWER: A Replevin: Replevin is specific performance for goods; the buyer may replevy unique goods from the X in certain circumstances, such as when the buyer has been unable to obtain substitute goods. A. Buyer B. Seller C. Fire D. Vendee ANSWER: B Constructive trust: An X restitutionary remedy forcing a defendant to convey title to property unjustly held. Constructive trust: An X restitutionary remedy forcing a defendant to convey title to property unjustly held. A. Legal B. Equitable C. Tort D. Real ANSWER: B Equitable lien: Defendant may have a lien imposed on their property because of a X owed to plaintiff. A. Pet B. Debt C. Rest D. Request ANSWER: B Laches: The plaintiff X bringing an action and this prejudiced the defendant. A. Retarded B. Delayed C. Consented D. Requested ANSWER: B Unclean hands: The plaintiff is X of wrongdoing in the transaction in question. A. Free B. Guilty C. Mighty D. Right ANSWER: B Sale to X purchaser: The defendant purchased in good faith. A. mala fide B. bona fide C. bona fides D. fide ANSWER: B Restitution for the breaching party: It is now recognized that even though the breaching party is at fault, preventing recovery for the breaching party would create a forfeiture for them and a windfall for the non-breaching party. A. Fulfillment B. Forfeiture C. Forfait D. Fait accompli ANSWER: B Therefore, restitution may be available for any part performance X the breach; the remedy would have to be restitution for unjust enrichment, not breach of contract, because the party seeking the remedy is the one in breach and cannot show a breach by the other party. Therefore, restitution may be available for any part performance X the breach; the remedy would have to be restitution for unjust enrichment, not breach of contract, because the party seeking the remedy is the one in breach and cannot show a breach by the other party. A. After B. Before C. During D. Meanwhile ANSWER: B After a contract is formed, one party (assignor) may assign their X under the contract to a third party (assignee), who now has contract rights against the other original party (promisor or obligor). A. rights B. Lights C. Services D. Rats ANSWER: A A contract can contain terms limiting or prohibiting assignment; in addition, if the assignment would materially change the obligor’s circumstances, assignment is not permitted; rights to certain X cannot be assigned. A. Personal services B. Real services C. Personnel services D. Gas services ANSWER: A When a contract X assignments, any assignment actually made is still valid and the assignor is liable for breach of the agreement not to assign. The right to assign has been given up, but not the power to assign. Assignments may be oral. A. Permits B. Prohibits C. Forecasts D. Contends ANSWER: B After a contract is formed, one party (X) may delegate their duties under the contract to a third party (delegee); the delegor is still secondarily responsible to the original promisee for their contract duties should the delegee fail to perform; however, the delegor has recourse against the delegee for their failure to perform. A. Delegee B. Delegor C. Delegate D. Delegation ANSWER: B ANSWER: B A contract may be formed between two parties for the benefit of a X; a life insurance contract is a common contract with a third party beneficiary. Any intended third party beneficiary can enforce the contract against the promisor. A. Other party B. Third party C. Many parties D. Tierce ANSWER: B Expectation: "to put the plaintiff in the position he would have been in had the contract been performed" = benefit of the bargain / profits. own performance Value of Defendant's promised performance (contract price) - benefits received by the plaintiff for not having to complete his X. A. other performance B. own performance C. opter performance D. oyster performance ANSWER: B Reliance damages: "to put the plaintiff in as good a position as he was in before the contract was made" = X costs A. down the river B. out of the pocket C. bride money D. hands in the pocket ANSWER: B Reliance damages: three cases: - impossibility to measure the expectation interest (profit too speculative) OR X in land contract OR - promissory estoppel A. Vendee B. Vendor C. Vador D. Creator