Question 1

Elizabeth signs a contract to purchase a new car from Spadace Motors.She has not yet paid for the car and Spadace Motors has not yet delivered the car to Elizabeth.This is an example of a(n)________ contract.

Accepted Answer

An executory contract is a type of contract where one or both parties have not yet fulfilled their obligations. In this case, Elizabeth has not yet paid for the car and Spadace Motors has not yet delivered the car, making it an executory contract.

Question 2

A(n)________ is an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed.

Accepted Answer

A quasi-contract, also known as a contract implied in law, is a legal fiction that allows the plaintiff to recover money from the defendant even though no actual contract existed between them. This is an equitable doctrine that is commonly used when one party has received a benefit from the other party but has not paid for it. The court essentially creates a contract between the parties to prevent one party from unjustly enriching themselves at the expense of the other party.

Question 3

In a(n)________ contract, agreement between parties is inferred from their conduct.

Accepted Answer

An implied-in-fact contract is one where the terms and agreement between parties are inferred from their conduct or actions, rather than explicitly stated in writing or orally. This type of contract can still be legally binding, as the intentions of the parties can be determined from their actions and course of dealing.

Question 4

Which of the following is true of the equity doctrine?

Accepted Answer

Equity is used when legal remedies, such as monetary damages, are inadequate, and a fair outcome requires a different form of relief, such as an injunction or specific performance.

Question 5

Explain the doctrine of equity with reference to contracts.

Accepted Answer

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Question 6

An oral agreement to purchase a neighbor's bicycle is a(n)________ contract.

Accepted Answer

An express contract is a contract that is created through the explicit and clear agreement of all parties involved, either in writing or verbally. In this case, the oral agreement between the buyer and the neighbor to purchase the bicycle would be considered an express contract.

Question 7

How are unjust enrichment and unjust detriment prevented in the context of contracts?

Accepted Answer

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Question 8

Which of the following statements is true of the doctrine of quasi-contract?

Accepted Answer

The doctrine of quasi-contract is an equitable doctrine that is intended to prevent unjust enrichment. It allows a court to award monetary damages to a plaintiff even if there was no actual contract between the parties. The agreement between parties to a quasi-contract is not inferred from their conduct, but is instead imposed by the court.

Question 9

What are the possible problems that can come up in a unilateral contract?

Accepted Answer

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Question 10

Kyle goes to a used-car showroom to buy a sedan.He signs an agreement with the store which bears the name of the car, price, and other details.This is an example of a(n)________ contract.

Accepted Answer

An express contract is one that is explicitly agreed upon by both parties, which would include the agreement signed by Kyle and the used-car showroom. The contract contains the specific details of the transaction, such as the car's name and price.

Question 11

Which of the following elements must be established to create an implied-in-fact contract?

Accepted Answer

To create an implied-in-fact contract, it must be shown that there was an intention to create a contract, which can be implied from the conduct of the parties. One of the essential elements is that the defendant had an opportunity to reject the property or services provided by the plaintiff but failed to do so. The other choices are not relevant to creating an implied-in-fact contract.

Question 12

A(n)________ is stated orally or in written words.

Accepted Answer

An express contract is stated orally or in written words, meaning that the terms are explicitly and specifically laid out and agreed upon by the parties involved. Implied-in-law contracts, implied-in-fact contracts, and quasi-contracts do not involve explicit statements or written agreements.

Question 13

Which of these is an instance of a quasi-contract?

Accepted Answer

A quasi-contract is a legal concept that involves the court ordering one party to pay the other party for services or goods that were provided, even if no formal contract existed. In this case, the hospital is providing services to the unconscious man without an agreement or contract.

Question 14

Which of the following is true of enforcing a contract?

Accepted Answer

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Question 15

Compare valid, void, voidable and unenforceable contracts.

Accepted Answer

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Question 16

Explain the basic requirements that must be met for a contract to be enforceable.

Accepted Answer

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Question 17

Stella is injured in a motor accident and is brought to the hospital by a passerby.Stella subsequently passes into a coma.The doctors and other staff perform the necessary medical procedures to save her life.Stella comes out of her coma after two months and is released from the hospital after the doctors are satisfied by her recovery.Under the doctrine of ________ contract, Stella has to pay the hospital for its services.

Accepted Answer

The doctrine of quasi-contract allows the hospital to recover the cost of its services even though there was no express contract or agreement between the parties. This is because the hospital provided services to Stella without her consent, but for her benefit, and it would be unjust for her to receive the services without compensating the hospital.

Question 18

________ is a doctrine that permits judges to make decisions based on fairness, equality, moral rights, and natural law.

Accepted Answer

Equity is a doctrine that allows judges to take into account factors beyond just the letter of the law, such as fairness and natural law. This allows for more flexibility in legal decision-making and can help to ensure that the law is applied in a just and equitable way. The other options, common law of contracts and Restatement of the Law of Contracts, refer more specifically to the body of law that governs contracts, while the objective theory of contracts is a principle that holds that the intent of the parties to a contract should be determined by their outward actions and words, rather than their subjective intentions.

Quiz 9: Nature of Traditional and E-Contracts

Elizabeth signs a contract to purchase a new car from Spadace Motors.She has not yet paid for the car and Spadace Motors has not yet delivered the car to Elizabeth.This is an example of a(n) ________ contract.

A(n) ________ is an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed.

In a(n) ________ contract, agreement between parties is inferred from their conduct.