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
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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
Implied
18.
A legal fiction created by courts to avoid an injustice is known as a(n):
Multiple Choice
Implied contract
Quasi contract
Express contract
Voidable contract
CHAPTER 10
1.
A person who advertises for bids, such as a general contractor who wants to provide a portion of a job to a subcontractor, is generally not held to have made an invitation to offer.
True or False
2.
The offer itself may include terms that limit the duration of the offer.
True or False
3.
When a computer user orders goods he finds advertised on a website, the user is the offeree.
True or False
4.
Offer + Acceptance = Consideration
True or False
5.
Bidders at auctions are generally held to be the offerees.
True or False
6.
Shrinkwrap contracts:
Multiple Choice
Are inherently void, but legal.
Are enforced by courts unless the terms violate contract rules
such as unconscionability.
State that a buyer must be aware of the terms of the contract
for the contract to be binding.
Are not only void, but are illegal in most states.
7.
A manifestation of a willingness to enter into a contract if the other person agrees to the terms is a(n):
Multiple Choice
Promise
Offer
Option contract
Acceptance
8.
Jim offered to sell Janelle his comic book collection and she accepted. However, the parties did not state a price. Under the UCC, the agreement would be:
Multiple Choice
Voidable at the election of the offeror.
Voidable at the election of the offeree.
Enforceable as long as Jim and Janelle intended to form an
agreement and there is a reasonably certain basis for giving a
remedy.
Void for vagueness because this type of agreement is
presumed to consist only of preliminary negotiations.
9.
Maya, a merchant, offers to sell Bonnie, another merchant, 3,000 laptop computers in a signed letter containing all the terms of the offer. The letter states that
Maya assured Bonnie that she would keep the offer open for four weeks. One week later, Maya writes Bonnie another letter attempting to revoke her offer. One week after that, Bonnie writes Maya a letter attempting to accept Maya's original offer. Here:
Multiple Choice
Bonnie's acceptance is effective, and a contract is created.
Maya's revocation is effective.
The contract is rendered void.
The contract is effective only if Bonnie can establish that
principles of estoppel should apply.
10.
If an offer does not state a time for acceptance, it is valid for:
Multiple Choice
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An indefinite period of time.
Fifteen days.
A reasonable period of time.
Twenty days.
11.
A meeting of the minds between the parties is the:
Multiple Choice
Acceptance
Consideration
Assent
Agreement
12.
Which of the following was the ruling of the court in Groce v. American Family Mutual Ins. Company, the
case
in the text involving the effect of insurance policy replacement cost coverage that was promised verbally but was not contained within the terms of the policy?
Multiple Choice
That there was no replacement cost coverage because the
policy had been renewed many times, and the insured should
have read the policy and discovered its terms.
That there was no coverage because there was a lack of proof
that a verbal promise was ever made.
That there was coverage based on the verbal policy.
That there was coverage based on the verbal policy but only
because the insureds could not read the English language.
13.
Penny, whose main job is in law but who makes ceramics as a hobby, mailed Albert, a ceramics merchant,
a signed letter on December 10 offering to sell her supplies because she planned to discontinue her ceramics
hobby. Surprisingly, however, during the Christmas season, she started receiving a number of offers to buy her merchandise and began to give consideration to starting a side business in ceramics. She called Albert on
December 18 and told him that she revoked her offer. Albert told her that it was too late because he had just put in the mail, on December 17, an acceptance to her offer. Assuming that Penny had not yet received the letter
accepting her offer, which of the following would courts in
most states rule?
Multiple Choice
That it was too late for Penny to revoke the contract once
Albert mailed the acceptance.
That Penny could not revoke her offer because it had not been
left open for a reasonable amount of time under the
circumstances.
That Penny could revoke her offer because she had not
received Albert’s letter.
That Penny could revoke her offer because she was revoking
within one week of when she mailed the letter to Albert.
14.
Beth offered to sell Carlos her boat for $8,000 on April 1. Carlos said he would think about it. On April 6, Will
offered to buy Beth’s boat for $8,500, and Beth sold him the boat. On April 7, Carlos called Beth and said that he accepted her offer to buy the boat. Which of the following
is true regarding the position of the parties.
Multiple Choice
Beth’s offer was considered open for a reasonable time, and assuming that time had not passed, Carlos created a contract by accepting.
The offer was revoked at the time that Beth agreed to sell the
boat to Will, and Carlos had no power to accept.
As a matter of law, the offer was open for 7 days, and Carlos
created a contract by accepting.
As a matter of law, the offer was open for 48 hours, and Carlos
had no power to accept.
15.
Preston, who makes a living doing remodeling, put his car up for sale for $5,000 on March 1. Betty wanted to
buy the car but was not sure whether or not she could get
a loan. On March 3, she paid Preston $100 to hold the car
for her for one week. Preston took the money but sold the
car one day later, on March 4, and told Betty that he had revoked the contract. Which of the following is true regarding the position of the parties?
Multiple Choice
Preston and Betty had an option contract which Preston
breached by selling the car.
Preston made a firm offer which Betty was entitled to enforce,
and Preston breached the contract.
Preston and Betty did not have an enforceable contract, and
Preston was entitled to sell the car.
Preston and Betty had a quasi contract, but Preston was
entitled to disregard it so long as he returned Betty’s $100 to
her.
16.
Offers can generally be revoked any time prior to:
Multiple Choice
Consideration
Acceptance
Continuation
Estoppel
17.
A separate offer for the limited purpose of holding an offer open is a(n):
Multiple Choice
Bilateral contract
Option contract
Unilateral contract
Executed contract
18.
“I’m thinking of selling my computer for $350”, is:
Multiple Choice
An offer
Consideration
Not an offer
An option contract
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