Blawfinal

Front 1

In general, contracts must be written to be enforceable.

Back 1

False

Front 2

In the Lawrence v. DiBiase case, the court held that Lawrence could recover under a contract implied in fact.

Back 2

False

Front 3

To determine the validity of an offer or acceptance, the test is generally what a reasonable person would have understood.

Back 3

True

Front 4

To determine if an offeror intended to make an offer, the courts will use a subjective test.

Back 4

False

Front 5

Generally, newspaper ads are considered offers.

Back 5

False

Front 6

For a revocation to be effective, it must be communicated either directly or indirectly to the offeree.

Back 6

True

Front 7

Promises made to charitable organizations may be enforceable even in the absence of consideration.

Back 7

True

Front 8

Della tells Mark, "If I decide to move to Montana, I'll sell you my car." This is an illusory promise.

Back 8

True

Front 9

Agreements based upon illusory promises lack consideration and are not enforceable.

Back 9

True

Front 10

Under the modern trend, contracts entered into by married women are unenforceable unless agreed to by their husbands.

Back 10

False

Front 11

For there to be fraud, there must be the misrepresentation of a fact.

Back 11

True

Front 12

A legal mistake is the same as ignorance.

Back 12

False

Front 13

"Sunday closing laws" raise constitutional issues.

Back 13

True

Front 14

The parol evidence rule is predicated on the belief that oral evidence should not be admissible to alter, add to, or vary the terms of an integrated, written contract.

Back 14

True

Front 15

When the terms of a contract are confusing or ambiguous, interpretation is used to determine the meaning of the words and actions of the parties.

Back 15

True

Front 16

When interpreting contracts, the courts should find handwritten provisions control over typed provisions.

Back 16

True

Front 17

Hamid owed Sadat $400. Hamid sold a stereo to Rosting and asked Rosting to pay the purchase price to Sadat. In such a situation Sadat is a third party creditor beneficiary.

Back 17

True

Front 18

A court may order specific performance if damages or restitution will be inadequate.

Back 18

True

Front 19

Contracts carry an implied duty to mitigate damages.

Back 19

True

Front 20

When considering impossibility of performance, the courts discharge contractual obligations involving subjective impossibility but rarely discharge contractual obligations involving objective impossibility.

Back 20

True

Front 21

Raul called his friend Marti and offered to give her two tickets to a concert by Nine Inch Nails. Marti said, "Okay, I love that group!" A few days later Raul called Marti and told her he couldn't give her the tickets. Assuming Marti sued Raul,

Back 21

she would probably lose, as most courts would hold no contract was formed.

Front 22

If the promises of the parties are inferred from their acts or conduct, the contract is:

Back 22

implied in fact.

Front 23

Which of the following contracts would be governed by the Uniform Commercial Code?

Back 23

A contract for the sale of a refrigerator.

Front 24

To determine if a statement was an offer, the courts would use:

Back 24

an objective standard.

Front 25

"If you repair my car while I'm out of town, I'll pay you $200 when I return." This is an example of:

Back 25

an offer for a unilateral contract.

Front 26

Under the common law, an acceptance which deviates from the terms of the offer is:

Back 26

a counteroffer.

Front 27

The Okosa v. Hall case held:

Back 27

the "mailbox rule" was met, and the contract remained in force.

Front 28

Which of the following is most likely to be a bona fide offer?

Back 28

"I will sell you my water skis. Delivery will be at the end of the summer."

Front 29

Hank told his mother, Julie, that he and his wife just had a baby girl and they named her Julie. Julie cried and said, "I'm so happy that you have named the baby after me that I'm going to give you $5,000." Julie did not send the money. Is her promise enforceable?

Back 29

No, because there is no consideration.

Front 30

Pat promised to pay Mikko $500 if he would refrain from filing a lawsuit against him for 30 days. Mikko agreed and accepted a $500 check from Pat. Which statement is correct?

Back 30

Mikko's promise to refrain from suing Pat was supported by legal consideration and is enforceable.

Front 31

Brenda tells her friend Carol: "Because you have been such a good friend, I will give you $500 a month for the rest of your life." Brenda makes the payments for one year and then stops. Which of the following statements is the most accurate?

Back 31

No contract between Brenda and Carol exists because Brenda's promise is not supported by consideration.

Front 32

Promissory estoppel can best be described as:

Back 32

a substitute for consideration.

Front 33

On her 17th birthday, Patti makes a contract to purchase a computer. In a state in which the age of majority is 18, which of the following actions would be a ratification of the contract?

Back 33

Two days after her 18th birthday, Patti telephones the seller and says, "I intend to keep my promise to you in our contract."

Front 34

The deliberate misrepresentation of a material fact with the intent to induce another person to enter into a contract that will be injurious to that person is the definition of:

Back 34

fraud.

Front 35

Which of the following is true about silence in relation to fraud?

Back 35

Many jurisdictions now hold that silence can support a cause of action in fraud.

Front 36

Garden Fresh believed that its farmers did not use chemicals in growing its crops. Consequently, Garden Fresh advertised it vegetables as chemical-free. Garden Fresh may be held liable for:

Back 36

misrepresentation.

Front 37

Betty lived with her son, Tom. As she was growing old and senile, Tom assumed responsibility for her property. A developer wanted to purchase some land from Betty. Tom convinced Betty to sell the land for less than its value, and received a kickback from the developer. If Betty tried to get out of the agreement, a court will most likely declare the contract:

Back 37

voidable because of undue influence.

Front 38

Marla, an unlicensed interior decorator, agreed to decorate Mikko's office building for $30,000. After the work was complete, Kiyoto discovered that Marla did not have a license as required by the city. The city's licensing law was designed to raise money for public improvements. Since Marla was not licensed, Mikko refused to pay. If Marla sues Mikko for breach of contract:

Back 38

Marla will win, because the licensing law is only a means to raise revenue.

Front 39

Which type of evidence is not admissible to add to, alter, or vary the terms of an integrated, written agreement?

Back 39

Parol evidence.

Front 40

Which of the following types of contracts cannot be either contradicted or supplemented by evidence of prior agreements?

Back 40

Totally integrated contracts.

Front 41

Which of the following types of contracts cannot be contradicted but can be supplemented by evidence of additional, consistent terms?

Back 41

Partially integrated contracts.

Front 42

Leon owes a legal duty to Bernice. Later, when Leon makes a contract with Sol, he assigns his contract rights to Bernice in order to satisfy his duty to her. In this situation, Bernice is best described as:

Back 42

a creditor beneficiary.

Front 43

Which of the following statements best describes the status of both donee and creditor beneficiaries?

Back 43

All of the above are true of both.

Front 44

If a contract intended to benefit a creditor beneficiary is breached, the creditor third-party beneficiary may successfully file suit against:

Back 44

either the promisee or the promisor.

Front 45

A promisor may prevent an assignment by convincing the court that:

Back 45

the assignment would materially change the promisor's burden or risk under the contract.

Front 46

A delegation is:

Back 46

a transfer of duties under a contract.

Front 47

Matthew sold his vacation cabin to Linda. Linda assumed Matthew's mortgage with First National Bank. Subsequently, First National agreed to release Matthew from the loan and hold only the new buyer liable. The agreement is:

Back 47

a novation.

Front 48

A novation includes all but which of the following:

Back 48

The original party remains secondarily liable.

Front 49

Courts normally will give equitable remedies when:

Back 49

there is no adequate remedy at law.

Front 50

Joyce contracts to sell her mansion to Linda for $300,000. Upon Linda's breach, Joyce sells the mansion to Barbara for $275,000. What will Joyce's damages be?

Back 50

$ 25,000.