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42 Cards in this Set

  • Front
  • Back

A contract is an agreement that cannot be enforced in court.

False

A REVOCATION can occur anytime before an acceptance.

True

When a creditor accepts a lesser amount owed and the debtor executes payment is known as
“Accord and Satisfaction.”

True

Contracts that can by their terms be performed within one year from the day after the contract is formed must be in writing.

False

A contract’s purpose must sometimes accomplish some goal that is legal and not against public
policy.

Flase

A CONDITION PRECEDENT in a contract is a condition that must be met before a party’s
promise becomes absolute.

True

The type of deed used by the seller determines the scope of the warranties the buyer is given.

True

The person that conveys real property by deed is called the grantee

False

A copyright is a government-granted right to exclude others from making, using, or selling an
invention.

False

A classic example of a trade secret is the formula for Coca-Cola

True

The packaging or dressing of a product may be protected under the trademark laws as trade

True

Trade secrets are protected for an indefinite time.

True

Registration with the Federal Trademark Register is a requirement for obtaining any rights in a
trademark.

False

A contract under which the offeror cannot revoke the offer for a stipulated time period is:

None of the Above

A common law rule that requires that the terms of the offeree’s acceptance adhere exactly to the
terms of the offeror’s offer for a valid contract to be formed is:

The mirror-image rule

The act of transferring to another all or part of one’s rights arising under a contract is:

An Assignment

The act of transferring to another all or part of one’s duties arising under a contract is:

A Delegation

A doctrine that applies when a promisor makes a clear and definite promise on which the
promisee justifiably relies and where the promise is binding if justice will be better served by the
enforcement of the promise.

Promissory estoppel

Which of the following is a type of damages that the parties specify in advance?

Liquidated

Which of the following is FALSE regarding written contracts?

.All contracts must be in writing in order to be enforced.

A person who has legal _________ to contract is one who has the mental ability to understand
his or her rights and obligations under a contract and, therefore, will presumably be able to
understand how to comply with the terms of the agreement

capacity

The principle, “pacta sunt servanda” means:

Agreements must be kept

The person conveying real property is the _______, and the person to whom the property is
conveyed is the ________

grantor, grantee

Which type of deed contains no express or implied warranties?

Quitclaim

The conveyance of a ________ interest conveys absolute ownership of real property.

Fee simple

Which of the following is not true regarding the legal requirements of a deed?

It must signed by the named grantee.

_________ occurs when a person acquires ownership on a piece of property by adversely
possessing a parcel of land for the period of time specified by a state statute.

Adverse possession

In a(n) ________, the potential buyer pays the seller for the right, but not the obligation, to purchase
the property during a given time period.

Option contract

After a period of ___ years from the application date for utility patents and ___ years for design
patents in the United States, the patent expires and the invention is dedicated to the public.

20,14

The federal trademark act is known as the _________ Act.

Lanham

The duration of a copyright granted to a known individual. not a work done for hire, will be

the life of the author plus 70 years.

A ________ placed on a product indicates that the product has met the certifier’s standards of
safety or quality.

certification mark

Which of the following is not one of the basic elements for formation of a valid contract?

Promissory estoppel

An offer can be terminated by __________.

operation of law and also action of the parties

A third party beneficiary is someone who is not

a party to the original contract

Which of the following are damages that give the plaintiff the benefit of its bargain, putting the
plaintiff in the case position it would have been in if the contract had been fulfilled?

Expectations damages

Which of the following is a type of conditional promise?

Both a condition concurrent and a condition subsequent

A contract entered into by a minor is

voidable

Under the doctrine of ________, a court
may invalidate an agreement if one party
had sufficient influence and power over
the other as to make genuine assent
impossible.

undue influence

Conditions ________ occur when the mutual duties of performance are to take place
simultaneously.

Concurrent

To which of the following does the statute of frauds apply?

A promise to pay the debt of another person.

Prudence offered to sell her car to Danny for $3,000. Danny was not sure what to do, so he asked
Prudence if she would hold the offer open for him for one week for $50. Prudence said sure.
Meanwhile, the next day, Bobby offered Prudence $3,500 for the car, and Prudence sold it to him
on the spot. When Danny came to pick up the car the next day, it was gone. Prudence gave
Danny his $50 back and told him that was her only obligation and that if he had any complaints, he
could take it up with Bobby. Danny found a similar car the next week for $3,500 and purchased it.

Danny had an option contract with prudence.