Summary

This document contains practice questions for contract law. It covers various concepts such as bilateral contracts, quasi contracts, counteroffers, and more. It provides a comprehensive study guide.

Full Transcript

Study Guide 1.​ A promise exchanged for a promise is an example of Answer: a bilateral contract 2.​ If Gwen hands Pia a detailed offer for the purchase of Pias pottery wheel and Pias signs the offer without changing any of its terms. Answer: The parties have created a bilateral contr...

Study Guide 1.​ A promise exchanged for a promise is an example of Answer: a bilateral contract 2.​ If Gwen hands Pia a detailed offer for the purchase of Pias pottery wheel and Pias signs the offer without changing any of its terms. Answer: The parties have created a bilateral contract 3.​ Joe pays anna to mow his lawn and ann mows vanna’s lawn by mistake then appears out her window and sees and mowing that says nothing to end about her mistakes in Savannah needs to have her lawn mowed when Ann approaches Vanna for payment then I refuses arguing that she never asked him to mow her mom under the circumstances and can recover payment from vanna under Answer: quasi contract- to be paid by law through a judge 4.​ A counteroffer Answer: Impliedly rejects an offer 5.​ An oral contract, which was required by contract law to be in writing is Answer: Unenforceable 6.​ Beck tells his mom that he is thinking of selling his vintage Coop to his neighbor Sam for $100 Beck's mom called Sam Sam calls Beck and tells him that he accepts his offer under these circumstances. Answer: the offer has not been communicated 7.​ If an offer does not state a time for acceptance. It is Answer: Valid for a reasonable time. Which depends on the circumstances of the offer 8.​ Macks Barr sent Olive Outlet an order for 200 cases of Olives to be shipped as soon as possible the day Olive Outlet receives Macks order it ships the olives later that day Mac phones the outlet and tries to revoke his offer under these circumstances Answer: a contract was created when Outlet shipped the Olives 9.​ On October 25th 1989 Mina Loy sent a letter to Carl Van which said I hereby offer to hire you to paint my house for $4,000 during Thanksgiving break your acceptance of this offer must be by first class mail and must reach me no later than noon on November 1st 1989 carl was so excited when he received her letter that he telephone Lloyd on October 26th and said I accept which is a true statement? Answer: There is no acceptance and no contract in this situation 10.​The doctrine of promissory estoppel Answer: Protects reliance, not bargains 11.​When an offeree uses an unauthorized means of acceptance the acceptance is Answer: Effective upon receipt by the offeror 12.​Which of the following is a solution of an offer Answer: Both A and B = Price lists and advertising for bids 13.​A promise exchanged for an act is an example of a Answer: a Unilateral Contract 14.​Given an acceptance which employs an authorized means of communication Answer:acceptance is not effective until dispatch 15.​If Peggy tells Larry. “i'll give you $50 if you stand on your head for one hour” Answer: Larry must stand on his head to accept peggy’s offer 16.​If an offeree dispatches both an acceptance and a rejection to an offer: Answer: Whichever response reaches the offeror first will determine whether a contract is created 17.​In an option contract Answer: All of the above = The offeree is free to accept or reject the offer, The offeree gives the offeror something of values in exchange for a promise not to revoke the offer for a stated period of time, and a separate contact is created for the limited purpose of keeping the offer open. 18.​The UCC defines “Goods” as Answer: Tangible personal property 19.​Bill says to his daughter “ I'm glad you stopped hanging out with Tom. I’ll give you $50.” Bill has: Answer: Not given any consideration because his daughter did not stop hanging around Tom in exchange for his promise. 20.​Gregg Biglieri moves into a tough Philadelphia neighborhood and opens a repair shop. Which of the following would the law consider a “ preexisting duty” Answer: all of the above= The local gang’s promise not to torch his shop as long as gregg pays them $50 a week, The local cops promise to protect the shop from gang’s arson so long as gregg pays him $50 a week, and The landlord’s promise to put in the fire alarm previously stipulated and agreed to in the lease Greg signed before he moved. 21.​If kate promises to give Uli a stereo Uli has done nothing in return for her promise Answer: Both A and B= Uli will not be able to enforce Kate's Promise against her and Uli has not offered adequate consideration. 22.​In general, performing a preexisting duty: Answer: is not consideration 23.​On January 1st 2006 Bev owed $5,000 on her car loan the loan was due in May 2006. On January 1st 2006 Bev sent the lender a check for $4,000 Mark and full payment of the loan the lender cashes the check under these circumstances. Answer: The lender can sue Bev for 1k 24.​Shoddy roofing company agrees to do Roofing on a building owned by tacky construction company for $50,000 one week after Shoddy finishes work over 20% of the shingles fall off due to improper installation tacky promises shoddy an additional $10,000 to reinstall the Fallen shingles and shoddy does so then tacky refuses to pay Shoddy more than $50,000 for the work which is a true statement Answer: Shoddy is not entitled to any more than $50,000 for its work 25.​Which of the following lacks legal Value Answer: Both a and B= A promise not to commit a tort, and a promise not to commit a crime 26.​Lee was charged with public intoxication shortly after being charged with the offense he wrote a letter to his attorney explaining the circumstances surrounding his arrest before he gave the letter to his lawyer he gave it to a work colleague to Proofread the letter is considered Answer: privileged communication under the work product privilege 27.​In the business world the goal of preventive law is to increase profits by: Answer: Both A and B = Avoiding losses through fines and damage judgments and Reaching business goals through enforceable contracts while avoiding government prohibitions. 28.​Punitive damages Answer: Go to the injured party 29.​Laws should Answer: All of the above 30.​A summons gives notice of Answer: all of above 31.​An appellate court is not empowered to Answer: Affirm and remand the judgment of a lower court 32.​In order to appeal a decision Answer: A party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision 33.​In the US the role of judges is Answer: essentially Passive 34.​Jurisdiction is defined as Answer: The authority of a court to hear a case and render a binding decision on it. 35.​The following is true of a criminal trial: Answer: the burden of proof is “ beyond a reasonable doubt” 36.​If Harry negligently imperils sally and susan attempts to come sally’s aid and in the process breaks her arm, Harry is liable to the harm to: Answer: Both sally and susan 37.​Lonnie is upset with her roommate bill because he refuses to clean up after himself in a fit of rage Lonnie tries to hit him upside the head but misses at the time Bill is turned away from Lonnie and is completely unaware that she tried to hit him under these circumstances. Answer: Lonnie Is liable for neither battery nor assault 38.​Monica owed Bob $500 which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation ? Answer: No because, Bob has the defense of truth 39.​One distinction between civil law and criminal law is that Answer: Criminal law is concerned with breaches of duty to society at large rather than with wrongs against an individual in society 40.​Prudence negligently imperiled Bijou by leaving marbles on the steps of her house when Bijou comes to visit she breaks her leg and seriously damages her spine while Bijou is in the hospital recovering from her fall her body is weak and she readily contracts a viral infection under these circumstances Prudence is liable for: Answer: Both A and B 41.​Recklessness Answer: Is more morally objectionable than negligence but less objectionable than intentional wrongdoing. 42.​The U.S Supreme Court has required that actual malice must be proved When Answer: Public officials sue the media for false and defamatory statements 43.​To assume to risk of danger, the plaintiff must: Answer: Fully understand the nature and extent of the Risk 44.​Touching can be battery if it would be offensive to: Answer: A person of ordinary sensibilities 45.​Under strict Scrutiny analysis, to demonstrate that a government action is constitutional, The government must demonstrate that: Answer: both b and c= Both start with it is not its 46.​In the case of a taking, Just compensation is defined as Answer: The fair market value of the property 47.​loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests Larry is a smoker and invites Alice a well-known anti-smoking Advocate to be on his show during the course of the interview Larry attempts to demonstrate the harmless effects of secondhand smoke by bowling smoke directly in Alice's face under these circumstances Answer: Larry may be liable for Battery 48.​Under a comparative negligence system, If Chez is responsible for 40% of his injuries Answer: He Could recover 60% of his damages 49.​In order to enforce a judgement against an unwilling defendant a court can issue Answer: all of the above 50.​A U.S Court appeals is empowered to Answer: Review legal conclusions reached by lower federal courts and administrative agencies 51.​Ali enters into a contract with Bill’s Brewpub to be a bartender. Ali does not know that Billy’s does not have a liquor license. Under these circumstances Answer: Ali can recover the wages provided for in the agreement for bartending rendered before she learned of violation 52.​Regulatory statutes are designed primarily to Answer: Protect the public 53.​For the purpose of minors contracting for necessaries, necessaries would include all of the following except Answer:music lessons 54.​Harry hot dog is hired as an accountant by a large Indianapolis based accounting firm the firm's attorney drafts an employment contract which contains the following clause employee agrees that he will not engage in the practice of accounting in Indianapolis for one year after termination of his employment with this firm hot dog signs the contract works for 6 months and then resigns and opens his own accounting firm in Indianapolis his former employee sues him for the breach of a contract and is likely to Answer:Win, if the restriction is found to be reasonable in duration and area 55.​Intentional misrepresentation Answer: all of above 56.​On the first day of class your professor passes around a blank sheet of paper claiming that she had not yet received official class roster all 21 students in the room sign it that night she Types on the bottom of the roster sheet read the above signed parties here by promise to pay to the order of Professor $50,000 on demand and month later when the class pulls their money and buys a winning lottery ticket worth $100,000 she presents the instrument and demands her money. Answer: The professor is guilty of fraud in the execution because she intentionally said it was a roster sheet and not a potential negotiable instrument. 57.​Whether a given item is considered a necessary Answer: Depends on the minor’s station in life 58.​A contracts to sell B100 widgets for $100 for use and bees Factory as a nose the failure of widgets to conform to specifications will cause bees assembly line to shut down and be will lose profits therefore A and B specify in their contract that they any failure of the widgets to conform to specifications will cause a to be liable to be for 1 million the widgets delivered or defective and have a market value of zero and B loses 5,000 in profits what will be be able to cover from a Answer: $5,100 59.​Which of the following would probably require specific performance\ Answer: sale of a real estate 60.​A liquidated provision will be enforced only when Answer: Both A and C both longest answers 61.​Which of the following might be taken as ratification once a minor has reached majority Answer: All of the above 62.​The duty to mitigate damages Answer: Requires the non breaching party to take steps to minimize the damge

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