Deck 11: Introduction to Contracts

Question 1

All oral contracts are quasi-contracts until they are completely executed.

Answer 1

False

Question 2

When Myrtle comes home from work one evening,she finds that her yard has been mowed and trimmed.Later,a man comes to collect for the yard work done.Myrtle refuses to pay for the work since she has never seen the man before and did not hire him to do her yard work.Which of the following answers is most accurate?

A)This is an implied,unilateral contract and she must pay the price requested by the man.
B)This is an express,voidable contract that either party may avoid.
C)The court would order Myrtle to pay the reasonable value of the yard work because of the benefit conferred on her.
D)Myrtle would not have to pay for the yard work.

Answer 2

D

Question 3

A valid contract can legally be voided by either party.

Answer 3

False

Question 4

Valerie promises Teresa that she will pay Teresa $75 if Teresa will clean Valerie's house by noon on Saturday.If Teresa cleans the house by noon on Saturday and Valerie pays the $75,then this is an implied,bilateral,executory contract.

Question 5

Jerry offers to shovel the snow from Ben's driveway for $35.Ben replies "OK." This is an example of

A)an implied,unilateral contract.
B)an express,unilateral contract.
C)an implied,bilateral contract.
D)an express,bilateral contract.

Question 6

Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box.Lucy delivers the candy.Rick pays for the goods.This contract is fully executory.

Question 7

Robert offers to buy a car from Jane for $400.Jane must accept this offer in order to form an enforceable contract.

Question 8

Miles purchased a lawnmower with an attached warning that said,"The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer,he will most likely

A)lose,as he agreed to not hold the lawnmower manufacturer liable.
B)lose,as he assumed the risk.
C)win,as this warning would be unenforceable.
D)win,as all lawnmower manufacturers are strictly liable.

Question 9

Alex promises to pay $100 to anyone who finds his lost watch.Kate finds and returns the watch to Alex after hearing of the reward money.Alex and Kate have an enforceable unilateral contract.

Question 10

Mary goes into Honest Harry's Electronics and purchases a TV.Mary agrees to pay for the TV in 30 days on the store's "30 days same as cash" plan.This is an executory contract.

Question 11

Some of the elements of a contract are acceptance,consideration,legality,and capacity.

Question 12

The element of a contract that states the parties must be adults of sound mind is consent.

Question 13

As English judges were developing the common law of contracts in the twelfth and thirteenth centuries,

A)most promises were found to be enforceable.
B)promises were found not binding unless written and sealed.
C)the term "contract" became common.
D)changes in the law occurred rapidly.

Question 14

Paid surrogacy contracts are viewed by the legislative majority in all states as immoral and illegal.

Question 15

What element of a contract refers to both parties receiving some measurable benefit?

A)consideration
B)capacity
C)consent
D)legality

Question 16

Contracts for the sale of fabric,automobiles,computers,furniture,and paper clips would all be governed by Article 2 of the Uniform Commercial Code.

Question 17

In a unilateral contract,one party makes a promise that the other party can accept only by actually doing something.

Question 18

Under a contract,Danielle is required to paint a room with paint chosen by the homeowners,the Flynns.After Danielle paints the room according to the contract requirements,her duties under the contract are discharged.

Question 19

When promissory estoppel is used by the courts,it is because there is NOT an enforceable contract present.

Question 20

One purpose of contract law is to determine which agreements are worthy of legal enforcement.

Question 21

Robert,a minor,buys a stereo from Jane for $200.State law allows a minor to disaffirm contracts within a reasonable time after turning 18.Robert disaffirms the contract the day after turning 18 and returns the stereo.

A)This contract was a valid contract,Robert cannot disaffirm.
B)This contract was a voidable contract,Robert can disaffirm.
C)This contract was a void contract.
D)This contract was unenforceable because it needed to be in writing to be enforceable.

Question 22

Which of the following types of property would be considered "goods" under the Uniform Commercial Code?

A)a promissory note
B)a stock
C)a patent
D)a computer

Question 23

Tim sent an email to Belinda offering to sell his car to her for $5,000.Belinda texted Tim back offering to pay $4,000 for the car.A valid contract did not exist because

A)Belinda should have accepted Tim's offer orally.
B)consideration was not present in the negotiations.
C)the contract was not for a lawful purpose.
D)Belinda did not accept Tim's offer;she is still negotiating.

Question 24

An agreement in which parties intend to form a valid bargain,but a court declares that some rule of law prevents enforcing it is called  

A)a void agreement.
B)a voidable contract.
C)an unenforceable agreement.
D)a quasi-contract. 

Question 25

An express contract

A)must be in writing.
B)may be inferred by the conduct of the parties involved.
C)has both parties setting forth their intentions.
D)is not valid in many states.

Question 26

Larry goes to his barber who has cut his hair for the past several years.The barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area.This is an example of a

A)unilateral,implied contract.
B)bilateral,implied contract.
C)unilateral,express contract.
D)bilateral,express contract.

Question 27

Courts may award damages called quantum meruit,which means 

A)"as much as he deserves."
B)"to the letter of the law."
C)"let the buyer beware."
D)"something for something."

Question 28

Which of the following represents a unilateral offer?

A)"I will pay you $50 if you mow my lawn."
B)"I will pay you $50 if you promise to trim that tree."
C)"I will pay you $50 for your CD player."
D)"I will pay you $50 for your backpack."

Question 29

One of the factors leading courts away from a laissez-faire approach to contract law was

A)the movement away from requiring written contracts with a seal affixed.
B)a change in relative bargaining power between parties to contracts.
C)the assumption that promises are not legally significant.
D)the assumption that parties had freedom to contract and would have to live with the consequences.

Question 30

Which of the following is an example of an implied contract?

A)Alberto visits his physician to be treated for a sinus infection.They do not discuss payment,but the following week Alberto receives a bill from his physician for services rendered.
B)Midori offers to sell a necklace to Patricia for $50;Patricia agrees to pay $50 for the necklace.
C)Amy tells her neighbor Tom,"If you rake up my leaves,I'll bake you a batch of brownies." Tom accepts the offer.
D)Miguel wants to purchase his first home.When he found the perfect place,he signed a contract for purchase and closed on the home within a month.

Question 31

Which of the following is NOT required to establish promissory estoppel?

A)a promise made by the defendant
B)a promise made by the plaintiff in response to the defendant's promise
C)reliance on the defendant's promise
D)All of these are required.

Question 32

Walter enters a dentist office and points to a damaged tooth.The dentist,Matt,treats the tooth.If Walter refused to pay and Matt sued,

A)Walter would win as there was no contract.
B)Walter would win because of the UCC.
C)Matt would win;this is an implied contract.
D)Matt would win in quantum meruit.

Question 33

The basic distinction between an executory contract and an executed contract is that

A)one is enforceable,the other is not.
B)only one promise is involved in an executory contract.
C)one is legal,the other is not.
D)all parties have fulfilled their obligations in an executed contract.

Question 34

Patty is a poor college student struggling to work and keep up with her studies.Fred,her uncle,promises to pay Patty support of $200 per month for the next six months.Although Fred didn't ask her to,she quits her current job in order to devote full time to her studies for the next six months.Fred makes one payment and then stops with no explanation.If Patty sues,what is the likely result?

A)Fred would win,as he did not ask Patty to quit her job.
B)Patty would win,as a contract was formed when Fred promised to pay her the support.
C)Fred would win,as family members cannot sue each other for breach of an oral promise.
D)Patty may win under the doctrine of promissory estoppel.

Question 35

Jennifer has offered to sell her laptop computer for $500 to Jack.She tells Jack that the computer is only six months old but,in fact,it is three years old,and Jennifer wants to unload the lemon.Jack agrees to buy the computer based on Jennifer's representations.This contract is

A)a void agreement because of the fraud involved.
B)a voidable contract,one that Jack can void.
C)a voidable contract,because it is unilateral.
D)a void contract because of the UCC.

Question 36

Mike made the following offer to Mick: "I will pay you $500 if you agree to paint my house." Mick replied that he would.At this point,the contract is an

A)executed,bilateral,express contract.
B)executory,bilateral,implied-in-law contract.
C)executed,unilateral,express contract.
D)executory,bilateral,express contract.

Question 37

What type of contract is a possible remedy for an injured plaintiff in a case with no valid contract,when the plaintiff can show benefit to the defendant,reasonable expectation of payment,and unjust enrichment? 

A)an express contract
B)an implied contract
C)a quasi-contract
D)a unilateral contract

Question 38

The courts will find an implied contract when

A)justice demands it.
B)conduct of the parties indicates they intended an agreement.
C)there is promissory estoppel.
D)there is undue influence.

Question 39

Madison purchases several 50-pound bags of mulch at the local gardening store.An employee carries the bags of mulch to Madison's truck and loads them into the back for her.Will Article 2 of the UCC govern the contract in this situation?

A)No,this is a mixed contract because Madison is paying for both goods and labor.
B)Yes,because the primary purpose of this contract is the sale of goods.
C)No,this is an express contract because both parties explicitly state their intentions.
D)Yes,because Article 2 of the UCC governs all bilateral contracts.

Question 40

Noncompetition agreements are

A)more common today than they were in the past,although policy issues they raised in the 1700s have never gone away.
B)now illegal,as they violate antitrust laws.
C)infrequently litigated.
D)relatively recent developments,first used following the Great Depression in the United States.

Question 41

ACME,Inc.is a software producer that entered into a verbal agreement with XYZ Corporation wherein XYZ agreed to buy ACME's newly developed software.The agreement also provided that ACME would supply training personnel,as well as technical personnel,to work with XYZ employees in installing and learning the software.What law governs this agreement?

Question 42

Briefly discuss the meaning of bilateral,unilateral,executory,and executed contracts.

Question 43

Preferred Contractors was a general contractor and owner of a condominium complex that was under construction.Barrett,a subcontractor,had been hired by Henderson Plumbing,another subcontractor,to help it complete the plumbing work on the project.When Henderson began using shoddy installation procedures and subsequently fell behind the scheduled completion time for the project,Preferred Contractors urged Barrett to correct Henderson's mistakes and to finish the job.Barrett refused to continue until he knew who would pay him,since he feared Henderson's financial position was shaky.Nonetheless,Preferred Contractors' job superintendent told Barrett to go ahead even if Barrett and Preferred Contractors had no contract because "he would use his influence to try to help Barrett get his money." Barrett finished the work and sent a $7,500 bill to Henderson,which was never paid.When Barrett later sent the bill to Preferred Contractors,these facts emerged: Preferred Contractors told him that due to Barrett's failure to notify Preferred Contractors promptly of Henderson's non-payment,Preferred Contractors had already paid Henderson in full and therefore would not pay twice for the work.Discuss the best possible theory of recovery Barrett may argue.

Question 44

List and briefly describe the seven key characteristics that must be present for a contract to be enforceable.

Question 45

Discuss the requirements of promissory estoppel.