Deck 7: Nature and Classification

Question 1

An offer to form a bilateral contract is accepted by a promise to perform.

Answer 1

True

Question 2

A contract is formed when two parties promise to perform a future act.

Answer 2

True

Question 3

A promise is an assertion that one will or will not do something in the future.

Answer 3

True

Question 4

Informal contracts are usually based on sub?stance rather than form.

Question 5

Contract disputes rarely arise on a promise of future performance.

Question 6

A promisee is a person who makes a promise.

Question 7

Under the objective theory of contracts,the intention to enter into a con?tract is judged by objective facts as interpreted by a reasonable person.

Question 8

An agreement includes an offer and an acceptance.

Question 9

Three elements-agreement,consideration,and contractual capacity-are suf?ficient to form a binding contract.

Question 10

A contract under seal is a formal contract.

Question 11

A contract is an agreement that can be enforced in court.

Question 12

Offers may not be revoked before they are accepted.

Question 13

There are no exceptions to the rule that contracts voluntarily entered into will be enforced.

Question 14

All promises are legal contracts.

Question 15

An offeror is a person who makes an offer.

Question 16

A unilateral contract is formed when the one receiving the offer com?pletes the re?quested act or performance.

Question 17

An oral contract is an implied-in-fact contract.

Question 18

Parties with contractual capacity may form an enforceable contract.

Question 19

An express contract must be in writing.

Question 20

An offer to form a unilateral contract is accepted by a promise to perform.

Question 21

Under the plain meaning rule,a court will enforce a contract,in which the writing is clear and unequivocal.

Question 22

A voidable contract is a valid contract that can be avoided at the option of at least one of the parties to it.

Question 23

Laura and Mike enter into what Laura later claims is a contract.In decid?ing whether a valid contract was formed,a court will not look at

A)the circumstances surrounding the alleged contract.
B)the parties' conduct at the time of the alleged contract.
C)the parties' statements at the time of the alleged contract.
D)the parties' subjective beliefs at the time of the alleged contract.

Question 24

The doctrine of quasi contract applies only if there is an actual contract.

Question 25

A party who confers a benefit on someone else unnecessarily can recover the cost under the principle of quasi contract.

Question 26

Cathy assures Dylan that she will deliver his products as he directs.An as?sertion that one will do something in the future is part of the defini?tion of

A)a declaration.
B)a moral obligation.
C)an ethical principle.
D)a promise.

Question 27

Don contracts to tutor Ellen in the principles of business law.For the breach of a contractual promise,contract law entitles innocent parties to

A)any relief that a court wants to provide.
B)any relief that a defendant wants to concede.
C)any relief that a plaintiff wants to seek.
D)some forms of relief.

Question 28

A contract cannot be void if its purpose it legal.

Question 29

When the words in a contract have more than one meaning,they are inter?preted against the party who drafted the contract.

Question 30

Britney promises to deliver a certain couch to Dan,who promises to pay for the service.Britney does not perform.She may be required to

A)do nothing.
B)make another promise.
B)perform a different service.
C)pay damages.

Question 31

An otherwise valid contract may be unenforceable if it is not in writing.

Question 32

Joy promises to buy Kevin's car for $1,500.Joy is

A)an offeree.
B)an officer.
C)a promisee.
D)a promisor.

Question 33

A contract's general intent will usually be subordinated to specific clauses contained within the contract.

Question 34

A contract that cannot be enforced because of certain legal defenses is an unenforceable contract.

Question 35

An executory contract is one that has been fully performed.

Question 36

A quasi contract is not an actual contract.

Question 37

A quasi contract arises from a mutual agreement between two parties.

Question 38

To be valid,a contract must be enforceable by all of the parties to it.

Question 39

Parties can form a contract without putting the terms in writing.

Question 40

A void contract is enforceable if it is in writing.

Question 41

Sam makes an offer to Tina to enter into a contract.Tina accepts the offer.A valid contract requires

A)a valid offer only.
B)a valid acceptance only.
C)a valid offer and a valid acceptance.
D)neither a valid offer nor a valid acceptance.

Question 42

Webb Design Company and Xpert Services,Inc. ,sign a document that states Webb agrees to design a Web page for Xpert and Xpert agrees to pay Webb for this service.Webb and Xpert have made

A)an express contract.
B)an implied-in-fact contract.
C)an implied-in-law contract.
D)a quasi contract.

Question 43

Bob claims that Carol breached their contract.Carol responds that she never intended to enter into a contract with Bob.The intent to enter into a contract is determined with reference to

A)the conscious theory of contracts.
B)the objective theory of contracts.
C)the personal theory of contracts.
D)the subjective theory of contracts.

Question 44

Gwen agrees to paint Holly's Gift Shop.Gwen does the work,but Holly does not pay.To recover the price,Gwen can collect from Holly on the basis of their

A)express contract.
B)implied-in-fact contract.
C)implied-in-law contract.
D)quasi contract.

Question 45

A-One Pavers,Inc. ,contracts with Buyers Outlet Mall Corporation to repave Buyers's parking lot.The elements of a contract do not include

A)consideration.
B)contractual capacity.
C)legality.
D)practicality.

Question 46

Mona asserts that a contract she entered into with Nate is unenforceable.Defenses to the enforcement of a contract include

A)a desire not to perform.
B)adverse economic consequences.
C)results that do not match expectations.
D)the lack of a party's genuine assent.

Question 47

Federal Oil Company and Great Apartments,Inc. ,sign a contract in which Federal agrees to deliver heating oil in exchange for Great's prom?ise to pay for it.Federal delivers the oil.The contract is

A)executory on the part of Federal.
B)executory on the part of Great.
C)fully executed.
D)neither executed nor executory on the part of either party.

Question 48

Jolly Sales Company and Kwik Distributors,Inc. ,enter into an agree?ment that contains some express terms and some that are implied.This is

A)a mixture of an express contract and an implied-in-fact contract.
B)an express contract only.
C)an implied-in-law contract.
D)not a contract.

Question 49

Jay tells Kim that he will buy her textbook from the last semester for $80.Kim agrees.Jay and Kim have

A)an express contract.
B)an implied-in-fact contract.
C)an implied-in-law contract.
D)a quasi contract.

Question 50

Beth claims that her contract with Carl is voidable.If the contract is avoided

A)both parties are released from it.
B)neither party is released from it.
C)only Beth is released from it.
D)only Carl is released from it.

Question 51

Lana applies for a firefighter's job with Metro City,which responds with a letter setting an appointment for a medical exam.The letter also states that it is "a conditional employment offer." Based on the court's reasoning in Case 7.1,Ardito v.City of Providence,this letter is

A)a bilateral contract that Lana accepted by applying for the job.
B)a quasi contract on which Lana can rely for employment.
C)a unilateral contract that Lana can accept by passing the exam.
D)no contract.

Question 52

Lou claims that he and Mira entered into an implied-in-fact contract.To establish this contract,it is not necessary to show that

A)a court imposed a promise in the interest of fairness.
B)Lou expected to be paid for providing services or prop?erty.
C)Lou provided Mira with services or property.
D)Mira failed to reject services or property provided by Lou.

Question 53

Newt and Odell enter into a bilateral contract,which is created when Newt gives a promise in exchange for Odell's

A)particular act.
B)performance.
C)promise.
D)prudent awareness.

Question 54

Scot and Tiffany enter into an implied-in-fact contract.The parties' conduct

A)defines the contract's terms.
B)finds the contract's facts.
C)terminates any unintended consequences.
D)undercuts any terms based on the facts.

Question 55

Macro Corporation and Micro,Inc. ,enter into an agreement.To consti?tute a contract

A)all terms must be express.
B)all terms must be implied.
C)the terms may be express,implied,or a mix of both.
D)the terms may be express or implied,but not both.

Question 56

Tom enters a coffee shop at which he has an open account,fills a cup of cof?fee,holds it up so the cashier can see it,acknowledges the cashier's nod,and walks out with the coffee,knowing that he will be billed for it at the end of the month.Tom has formed

A)an express contract.
B)an implied-in-fact contract.
C)an implied-in-law contract.
D)a quasi contract.

Question 57

Holly enters into a contract to design robotic software for Interstate Assembly Corporation.The freedom to enter into contracts is

A)a fundamental public policy of the United States.
B)an ambiguous business goal that is irrelevant in terms of the law
C)a philosophical concept that underlies international law.
D)a principle that describes contracting parties' intent.

Question 58

Clay offers to pay Dot $50 for a golf lesson for Eula.They agree to meet the day after tomorrow to exchange the cash for the lesson.These parties have

A)a bilateral contract.
B)a trilateral contract.
C)a unilateral contract.
D)no contract.

Question 59

Jill offers to pay Kyle $500 if he jogs across the Golden Gate Bridge.Kyle can ac?cept the offer only by jogging across the bridge.If Kyle jogs across the bridge,he and Jill will have formed

A)a bilateral contract.
B)a trilateral contract.
C)a unilateral contract.
D)no contract.

Question 60

Max begins to perform,intending that the completion of his perform?ance act as an acceptance of Nia's offer,which can only be accepted by the com?pletion of the act.Nia can revoke her offer any time

A)after Nia makes it.
B)before Max completes performance of the act.
C)before Max has substantially begun performance of the act.
D)before Max indicates that he will perform.

Question 61

Ed,a businessperson,is a friend of Fran,the owner of a candy store.Every day,Ed spends five minutes in Fran's candy store,looking at the candy and usually buying one or two candy bars.One afternoon,Ed goes into the store,looks at the candy,and picks up a $1 candy bar.Ed waves the candy at Fran without saying a word and walks out.Is there a con?tract? If so,how would it be classified in terms of formation,perform?ance,and enforceability?

Question 62

Adams Accounting Services and Best Products,Inc. ,enter into a con?tract.Terms in the contract that are the subject of separate negotiation are con?sidered subordinate to

A)standardized terms.
B)terms that can be understood only by lawyers and judges.
C)terms that are not negotiated separately.
D)none of the choices.

Question 63

In negotiations with Delta Distribution Company,Excel Trucking,Inc. ,in?sists that their contract be drafted ac?cording to certain plain language laws,which concern the phrasing of

A)contracts.
B)court documents only.
C)government forms only.
D)statutes only.

Question 64

Cody signs and returns a letter from Dora,referring to Dora's Double-D Ranch and its price.When Cody attempts to complete the deal,Dora re?fuses,claiming that they do not have a con?tract.Cody claims they do.What standard determines whether these parties have a contract?

Question 65

Employment Sources,Inc. ,enters into a contract with Fred.If Fred is a mi?nor,this contract is most likely

A)enforceable.
B)unenforceable.
C)void.
D)voidable.

Question 66

Uma promises to buy a house from Viola,who promises to vacate the prop?erty on July 1.If these promises are in writing,they are most likely

A)enforceable.
B)unenforceable.
C)void.
D)voidable.

Question 67

Curt promises to buy illegal copies of CDs and DVDs from Donna,who promises to deliver on May 1.These promises are most likely

A)enforceable.
B)valid.
C)void.
D)voidable.

Question 68

Eve and Frank enter an express contract for the construction of an office building.Express contract terms are given

A)less priority than the parties' prior dealing.
B)less priority than the trade usage in that particular industry.
C)less priority than the parties' course of performance.
D)more priority than the prior dealing,course of performance,and trade usage.

Question 69

Cory enters into a contract with Dian to act as her personal sports trainer.If they later dispute the meaning,and the contract contains unclear terms,the rules of contract interpretation will give effect to

A)the parties' intent as expressed in their contract.
B)what the defendant claims was the parties' intent.
C)what the plaintiff claims was the parties' intent.
D)what the parties now agree they intended.

Question 70

Phil enters into a contract with Quality Resorts,Inc. ,to work as a chef.Under the plain meaning rule,the meaning of this contract must be deter?mined by reference to

A)any available evidence.
B)any relevant extrinsic evidence.
C)the face of the instrument.
D)the later testimony of the parties.

Question 71

Nora enters into a contract with Owen's Transport Company for the deliv?ery of a shipment of fresh produce.If the language in the contract has more than one meaning,it will be construed against

A)the party who drafted the contract.
B)the party with the greater bargaining power.
C)the promisor.
D)the promisee.

Question 72

Ferb mistakenly pays property taxes that should have been assessed against Grace.Ferb can recover the amount from Grace in quasi contract

A)even if Grace was not aware of the error.
B)only if Grace tried to conceal the error.
C)only if Grace was aware of the error.
D)under no circumstances.