Deck 18: Drafting a Contract: Specific Provisions

Question 1

When signing a contract, the contract should always be ​

A)notarized.
B)dated.
C)witnessed.
D)typed.

Answer 1

B

Question 2

Termination can occur only upon notice to the parties.

Answer 2

False

Question 3

Which of the following is a clause that indicates that agreement is a final expression of the parties' intent? ​

A)Liquidated
B)Exculpatory
C)Merger
D)Notice

Answer 3

C

Question 4

Documents of title are ​

A)negotiable.
B)nonnegotiable.
C)all of the above.
D)none of the above.

Question 5

Shorthand definitions should never be used in describing the parties.

Question 6

The duration of a contract should be specifically stated.

Question 7

An indemnification clause is also known as a hold harmless provision.

Question 8

A choice of law provision governs ​

A)disputes.
B)statutes.
C)all of the above.
D)none of the above.

Question 9

Governing law and notice are considered standard provisions.

Question 10

A provision to include in a sale of business contract is a(n)​

A)restrictive covenant.
B)inspection of inventory.
C)term of employment.
D)both a and b

Question 11

Price terms are required in a sales contract.

Question 12

To be enforceable, a liquidated damages provision must be reasonable.

Question 13

Arbitration is a means of settling disputes between dissatisfied parties.

Question 14

Warranty exclusions do not have to be specifically stated in a sales contract.

Question 15

Methods of payment can include which of the following? ​

A)Credit
B)Installment
C)Upon inspection
D)All of the above

Question 16

Termination provisions occur upon which of the following? ​

A)Notice
B)An event
C)Nonperlonnance
D)All of the above

Question 17

Under an installment, payments are made incrementally.

Question 18

In an employment agreement, which of the following should always be included? ​

A)Term of employment
B)Compensation
C)Noncompetition covenant
D)All of the above

Question 19

Warranty exclusions should be ​

A)stated.
B)excluded.
C)implied.
D)hidden.

Question 20

Which of the following is a clause that limits participation in a business or occupation for a period of time? ​

A)Arbitration
B)Restrictive covenant
C)Merger
D)Exculpatory

Question 22

Jurisdiction can be contractually determined by the parties.

Question 24

Under the U.C.C., considering whether the parties are merchants or nonmerchants is important.

Question 25

Only edit a document once for grammar and typographical errors.

Question 26

Whether a transaction is common law or a U.C.C. transaction is not dispositive in determining the applicable law.

Question 27

A secondary source is considered ​

A)mandatory.
B)persuasive.
C)all of the above.
D)none of the above.

Question 28

Contracts transactions cannot contain both common law and U.C.C. issues.

Question 29

In preparing legal research for a contracts assignment only primary sources of law can be cited.

Question 30

A contract must have which of the following? ​

A)Legal purpose and legal subject
B)Consideration
C)Mutual assent
D)All of the above

Question 31

Venue is which of the following? ​

A)Choice of law
B)Place dispute filed
C)Jurisdiction of defendant
D)Jurisdiction of plaintiff

Question 32

Federal jurisdiction consists of ​

A)diversity jurisdiction.
B)federal question jurisdiction.
C)only a.
D)both a and b.

Question 33

Federal jurisdiction consists of diversity jurisdiction and federal question jurisdiction.

Question 34

Along with editing, another important final step is which of the following? ​

A)Proofreading
B)Grammar check
C)Citation review
D)All of the above

Question 35

A court must have ____________ jurisdiction.

A)both general and concurrent
B)both personal and subject matter
C)only exclusive
D)only pendent

Question 36

States and federal courts do not have concurrent jurisdiction.

Question 37

When preparing a legal document, you should never include legalese.

Question 38

Formation is one of the issues that can be considered in analyzing contracts case.

Question 39

Verifying the history or treatment of a case in contracts is a(n)______________ research step. ​

A)necessary
B)unnecessary
C)optional
D)none of the above

Question 40

A contract can be based on which of the following? ​

A)Common law
B)Uniform Commercial Code
C)Both a and c
D)None of the above

Question 41

The Uniform Commercial Code modifies the ​

A)firm offer rule.
B)mirror image rule.
C)all of the above.
D)none of the above.

Question 42

Mandatory primary sources in legal research must be ​

A)ignored.
B)followed.
C)dismissed.
D)rejected.