Chapter 9- 10

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Apr 3, 2024

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Chapter 9 1. The contracts students enter into with a bookstore to buy books are governed by the U.C.C. True or False 2. A contract is an ethical obligation not enforceable by a court. True or False 3. Not all agreements are contracts. Group starts True or False 4. An agreement to steal a car is a voidable contract. Group startsTrue or False 5. Article 2 of the UCC applies to the sale of goods. Group starts True or False 6. Which of the following issues is most frequently used to determine whether Article 2 applies to a particular contract? Multiple Choice  Whether the seller is a merchant.  Whether the transaction involves a consumer transaction.  Which element, goods or services, predominates in the contract.  Whether the transaction involves an amount of $500 or more. 7. Tangible, movable personal property is/are: Multiple Choice  Securities  Goods  Services  Land 8. Which of the following is true regarding how the UCC views contract law as opposed to traditional contract law? Multiple Choice  The UCC is more flexible than traditional contract law in regard to rules of application.

 The reasonableness standard used in the UCC is similar to the hypothetical reasonable person standard used in tort law.  A court that applies the UCC is less likely to find the parties had a contract.  The UCC is stricter and gives more weight to technical requirements, such as consideration, than traditional contract law. 9. Jose’s vehicle breaks down along a major highway blocking the road. Another motorist called a tow truck driver, Bob, who towed the vehicle to the nearest garage. Jose accepted the services of Bob, and there was no discussion regarding payment. Two weeks later Jose received a bill from the tow truck company for $80, the fair value of the tow. Which of the following statements is true? Multiple Choice  Tow truck drivers and other types of vehicles used in emergencies are required by law to render assistance when necessary and may not request compensation.  An implied contract was formed, and Jose must pay the bill assuming the amount represents the reasonable value of the services received.  Jose did not call Bob, never agreed to pay for the tow, and does not have to pay the bill.  Because an express contract was formed, Jose must pay the bill. 10. A promise for performance is known as a: Multiple Choice  Bilateral contract  Express contract  Implied contract  Unilateral contract 11. Upon winning the lottery, Lillian orally promised $3 million to the local parks department to construct a new playground. The total cost of the playground is $5 million so the parks

department launched a huge fundraiser to get the additional $2 million. After months of work, the parks department had raised the additional funds and requested the $3 million from Lillian. Lillian informed the parks department that she had changed her mind and was no longer willing to donate the money. Under which of the following should the parks department file suit? Multiple Choice  Promissory Estoppel  Breach of quasi-contract  Breach of contract  The parks department has no grounds for suit. 12. Sandy owns a sandwich shop and offers a free sandwich to any customer who shows receipts for the purchase of ten sandwiches. Ben shows the required receipts and requests a free sandwich. Sandy agrees and provides him with a sandwich. This is an example of what type of contract, if any? Multiple Choice  This type of transaction does not involve a contract.  A bilateral, executory contract  A unilateral, executed contract  A bilateral, executed contract 13. Which of the following was the result in Bosch v. NorthShore Univ. Health Sys. , the case in the text involving claims by a student that his dismissal by the school breached an implied contract? Multiple Choice  That there was not a contract of any type between the parties.  That there was an express contract between the parties.  That there was not an implied contract between the parties.  That there was an implied contract between the student and the school based upon the acts of the parties. 14. Amy owns "We Mow Yards." One of her employees, Sam, mistakenly mows the yard of Alice instead of the yard of customer Will, who was Alice’s neighbor. Alice was home at the

time, saw what was going on, but said nothing. Does Alice owe anything to Amy, and if so, why? Multiple Choice  Alice owes Amy whatever the contract amount was that Amy had with Will under a quasi contract theory.  Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under the theory of promissory estoppel.  Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under a quasi contract theory.  Alice owes Amy whatever the contract amount was that Amy had with Will under the theory of promissory estoppel. 15. Which of the following is false regarding the CISG? Multiple Choice  The CISG applies in all countries.  The CISG generally requires that acceptance be a mirror image of the offer.  All parties must be merchants under the CISG.  The CISG applies only to commercial sales of goods. 16. A contract that can be canceled by one or both parties is a(n): Multiple Choice  Unenforceable contract  Voidable contract  Void contract  Implied contract 17. A contract where all of the parties have performed their duties under the contract is: Multiple Choice  Executory  Express  Executed

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