Question 1

When a personal gain to the guarantor is involved,the primary objective test requires that promise to be in writing for the contract to be enforceable.

Accepted Answer

The primary objective test does not require the promise to be in writing for enforceability when personal gain to the guarantor is involved; it focuses on the main purpose of the promise.

Question 2

Courts have held that terms hidden behind a blue "hyperlink" are roughly analogous to the pages of a long and drawn-out multipage paper contract.

Accepted Answer

Courts have held that terms hidden behind a blue "hyperlink" are roughly analogous to the pages of a long and drawn-out multipage paper contract.

Question 3

The administrator of an estate is a person named by the court,if none is named in a will.

Accepted Answer

The administrator of an estate is usually named by the court if there is no executor named in the will.

Question 4

Jane (seller)and Joe (buyer)enter into an oral contract for the sale of land.Joe begins to add significant improvements to the land and house and outbuildings.Jane changes her mind and revokes the sales contract.According to the Statute of Frauds,the contract between Jane and Joe is enforceable because of equitable estoppel.

Accepted Answer

Equitable estoppel prevents Jane from revoking the sales contract because Joe relied on the contract by making significant improvements to the land and house. Therefore, the contract is enforceable.

Question 5

The standard construction rule directs the court to determine the principal objective of the parties in the making of the contract.

Accepted Answer

This is the correct statement of the standard construction rule. The court will look to determine the objective intentions of the parties when interpreting the contract.

Question 6

Oral contracts for the sale of goods of $500 or more will be enforced in situations involving admissions in court.

Accepted Answer

According to the Statute of Frauds, an oral contract for the sale of goods worth $500 or more is generally unenforceable. However, if one party admits the existence of the contract in court, then it may be enforced.

Question 7

Responding to a Craigslist ad,Jennifer,who is a wholesaler of furniture,leaves a voicemail for James,a small custom-made furniture maker,offering to purchase his custom made king-size oak bed frame for $650,even though it was advertised at $1,150.James does not respond.Jennifer has an enforceable contract.

Accepted Answer

The answer of Responding to a Craigslist ad,Jennifer,who is a...

Question 8

In the Opening Case Round 1,Sole Survivor claimed it could vacate Eastland Mall because it had been constructively evicted.

Accepted Answer

In the Opening Case Round 1, Sole Survivor claimed it could vacate Eastland Mall because it had been constructively evicted.

Question 9

Charles only has a photocopy of his written contract with Jenny,and not the original.Under the best evidence rule,since Charles only has a photocopy,it is the 'best evidence' the court can accept in his trial.

Accepted Answer

The best evidence rule requires the presentation of the original document, unless it is lost or destroyed, in which case secondary evidence (such as a photocopy) may be admitted. However, the party offering the secondary evidence must provide an explanation for the absence of the original document.

Question 10

Under the best evidence rule,evidence of oral statements made before signing a written agreement is admissible in court to change the terms of a written agreement.

Accepted Answer

Under the best evidence rule, primary evidence (i.e. the original written agreement) is preferred over secondary evidence (i.e. oral statements about the agreement). Therefore, oral statements made before signing a written agreement are generally not admissible to change the terms of the written agreement. However, there are some exceptions to this rule, such as when the written agreement is incomplete, ambiguous, or subject to fraud.

Question 11

The Fair and Accurate Credit Transactions Act (FACT Act)attempts to address the identity theft epidemic.

Accepted Answer

The statement is true. The FACT Act is a federal law passed in 2003 with the aim of reducing the incidences of identity theft and providing consumers with free access to their credit reports. The law has provisions such as the requirement for businesses to implement measures to protect consumer information and the right for consumers to dispute inaccurate information on their credit reports.

Question 12

If the terms of a contract make it unlikely that the contract can be completed within one year,the contract must be in writing to be enforceable under the Statute of Frauds.

Accepted Answer

The answer of If the terms of a contract make...

Question 13

Under contract law,facsimile signatures are always as valid as original signatures.

Accepted Answer

Facsimile signatures can be valid under contract law, but their validity depends on the agreement of the parties involved and the applicable law, which may vary by jurisdiction and the type of document.

Question 14

Sean gives an oral promise to Oscar to buy Oscar's old house,but only offers to keep the promise enforceable for 30 days.Oscar,relying on Sean's promise,puts on a new roof and paints it.Twenty days later,Sean changes his mind and says he's no longer interested.Oscar can enforce Sean's promise.

Accepted Answer

Sean's promise is enforceable under the doctrine of promissory estoppel. Oscar relied on Sean's promise and acted in detriment by putting a new roof and painting the house. Therefore, Sean cannot back out of his promise without causing injustice to Oscar. The fact that the promise was only enforceable for 30 days does not affect this analysis.

Question 15

Judson Law Firm agrees to hire Francisco after he passes the Texas bar exam.The offer has a concurrent condition.The "as is" offer is an enforceable contract.

Accepted Answer

A concurrent condition means that both parties must perform their obligations simultaneously. If Francisco has not yet passed the Texas bar exam, the condition has not been met, and the contract is not enforceable.

Question 16

The main purpose construction rule is the most fundamental guideline for the interpretation of written contracts.

Accepted Answer

The answer of The main purpose construction rule is the...

Question 17

Under the equal dignities rule,oral evidence cannot be used to clarify terms that are obscure in a written contract.

Accepted Answer

The equal dignities rule requires that certain contracts, such as contracts for the sale or conveyance of real property, must be in writing. However, oral evidence can be used to clarify ambiguous terms in a written contract under the parole evidence rule.

Question 18

Alice uses an electronic "shopping cart" on a popular website to purchase many items.When she clicks "Checkout" she is creating an enforceable contract called a 'click-on agreement.'

Accepted Answer

A click-on agreement is a type of contract that is created when a user clicks a button or link indicating acceptance of terms and conditions or confirmation of a purchase. In this case, when Alice clicks "Checkout" on the website, she is agreeing to the terms and conditions of the purchase, thereby creating an enforceable contract.

Question 19

A notary is not required to read the document when providing acknowledgment of a signature.

Accepted Answer

A notary is only required to verify the identity of the signer and ensure the signature was given voluntarily and without coercion. They are not responsible for the contents of the document.

Question 20

The provisions of Article 2 of the Uniform Commercial Code apply when a cyber-agreement deals with the sale of goods.

Accepted Answer

Article 2 of the UCC addresses the sale of goods, including contracts or agreements related to the sale of goods. Therefore, it applies to cyber-agreements that deal with the sale of goods, as long as they meet the requirements of a sale of goods contract as defined in the UCC.

Quiz 11: Written Contracts and Cyber-Commerce

When a personal gain to the guarantor is involved,the primary objective test requires that promise to be in writing for the contract to be enforceable.

Courts have held that terms hidden behind a blue "hyperlink" are roughly analogous to the pages of a long and drawn-out multipage paper contract.

The administrator of an estate is a person named by the court,if none is named in a will.

The standard construction rule directs the court to determine the principal objective of the parties in the making of the contract.

Oral contracts for the sale of goods of $500 or more will be enforced in situations involving admissions in court.

In the Opening Case Round 1,Sole Survivor claimed it could vacate Eastland Mall because it had been constructively evicted.

Charles only has a photocopy of his written contract with Jenny,and not the original.Under the best evidence rule,since Charles only has a photocopy,it is the 'best evidence' the court can accept in his trial.

Under the best evidence rule,evidence of oral statements made before signing a written agreement is admissible in court to change the terms of a written agreement.

The Fair and Accurate Credit Transactions Act (FACT Act)attempts to address the identity theft epidemic.

If the terms of a contract make it unlikely that the contract can be completed within one year,the contract must be in writing to be enforceable under the Statute of Frauds.

Under contract law,facsimile signatures are always as valid as original signatures.

Sean gives an oral promise to Oscar to buy Oscar's old house,but only offers to keep the promise enforceable for 30 days.Oscar,relying on Sean's promise,puts on a new roof and paints it.Twenty days later,Sean changes his mind and says he's no longer interested.Oscar can enforce Sean's promise.

Judson Law Firm agrees to hire Francisco after he passes the Texas bar exam.The offer has a concurrent condition.The "as is" offer is an enforceable contract.

The main purpose construction rule is the most fundamental guideline for the interpretation of written contracts.

Under the equal dignities rule,oral evidence cannot be used to clarify terms that are obscure in a written contract.

Alice uses an electronic "shopping cart" on a popular website to purchase many items.When she clicks "Checkout" she is creating an enforceable contract called a 'click-on agreement.'

A notary is not required to read the document when providing acknowledgment of a signature.

The provisions of Article 2 of the Uniform Commercial Code apply when a cyber-agreement deals with the sale of goods.