Question 1

In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have received, the appeals court agreed he should be paid based a measure of expectancy damages.

Accepted Answer

In Scheerer v. Fisher, the court did not award expectancy damages to Scheerer; instead, the court focused on whether Scheerer had a valid contract that entitled him to a commission, and the case primarily dealt with issues of contract formation and enforceability rather than the calculation of damages.

Question 2

Quasi contract is also referred to as quantum meruit, a rule that allows courts to avoid injustice such as unjust enrichment.

Accepted Answer

Quasi contract is indeed referred to as quantum meruit, and its purpose is to avoid injustice by allowing courts to award reasonable compensation for goods or services provided, even in the absence of a formal agreement or contract.

Question 3

The freedom of contract is:
A) a hallmark of the law of contracts
B) a minor part of the law of contracts
C) not binding in most states
D) only relevant in cases involving easements
E) restricted by the Constitution

Accepted Answer

The freedom of contract is a fundamental principle in the law of contracts. It allows individuals to enter into mutually beneficial agreements and is a cornerstone of the legal system.

Question 4

19th century English courts referenced ____ when resolving contract disputes.
A) lex mercatoria
B) res judicata
C) semper fi
D) the English Constitution
E) France's laws on contracts

Accepted Answer

Lex mercatoria, also known as the Law Merchant, was commonly referenced in English courts during the 19th century when resolving contract disputes. This was a body of commercial law based on customs and practices observed in international trade.

Question 5

In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have received, the appeals court held he had no claim for payment as there was no written agreement as required by the Statute of Frauds.

Accepted Answer

The answer of In Scheerer v. Fisher, where Scheerer claimed...

Question 6

The freedom of contract is:
A) restricted by the Constitution
B) a minor part of the law of contracts
C) not binding in most states
D) only relevant in cases involving easements
E) none of the other choices are correct

Accepted Answer

Freedom of contract is a fundamental principle in contract law, allowing parties to negotiate the terms of their agreement without undue interference, and is not specifically restricted by the Constitution, nor is it minor, non-binding, or only relevant to easements.

Question 7

The freedom of contract is a hallmark of:
A) the law of torts
B) the law of economics
C) administrative law
D) the law of sales
E) none of the other choices are correct

Accepted Answer

The answer of The freedom of contract is a hallmark...

Question 8

The ____ evolved in commerce over the centuries.
A) law of contracts
B) law of commerce
C) law of trade
D) law of documents
E) law of freedom

Accepted Answer

The law of contracts evolved in commerce over the centuries to regulate agreements between parties, ensuring that they are enforceable and that there are remedies available for breaches.

Question 9

An authoritative document that provides an orderly summary and presentation of the common law of contract is:
A) the Restatement (2d) of Contracts
B) the Contracts Commercial Code
C) Cohen on Contracts
D) the Statute of Frauds
E) the Federal Register

Accepted Answer

The Restatement (2d) of Contracts is widely recognized as the authoritative summary of the common law of contracts in the United States. It is a non-binding legal treatise that summarizes the general principles of contract law that have been developed by courts over time. The Restatement has been cited and relied upon by courts in countless cases and is considered an essential resource for lawyers and judges in the field of contract law.

Question 10

A quasi-contract is not a true contract; the courts impose an obligation to prevent an injustice.

Accepted Answer

A quasi-contract is a legal remedy used by courts to prevent one party from unjustly benefiting at the expense of another party. It is not a true contract in the sense that there is no mutual agreement between the parties, but rather an obligation is imposed by the courts to prevent an injustice.

Question 11

In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have received, the appeals court agreed he should be paid based on quantum meruit.

Accepted Answer

The statement accurately reflects the outcome of Scheerer v. Fisher, as the appeals court determined that Scheerer should be compensated according to the principle of quantum meruit.

Question 12

19th century English courts referenced ____ when resolving contract disputes.
A) France's laws on contracts
B) res judicata
C) semper fi
D) the English Constitution
E) none of the other choices are correct

Accepted Answer

19th century English courts primarily relied on common law principles and past judicial decisions (precedents) to resolve contract disputes, rather than referencing France's laws, res judicata, semper fi, or the English Constitution directly.

Question 13

The ____ means that there are also responsibilities imposed on parties who commit to binding relationships in contracts.
A) freedom of speech
B) freedom of contract
C) freedom of sales
D) freedom of economics
E) freedom of torts

Accepted Answer

The freedom of contract refers to the freedom of individuals or businesses to form contracts and agreements with one another. However, this freedom also imposes responsibility on parties who commit to binding relationships in contracts, such as fulfilling their contractual obligations and acting in good faith.

Question 14

The freedom of contract is a hallmark of:
A) the law of torts
B) the law of economics
C) administrative law
D) the law of contracts
E) the law of sales

Accepted Answer

The term "freedom of contract" is commonly associated with the law of contracts, which allows both parties to determine the terms of their agreement. This principle is not typically applied in the other areas of law listed, such as torts, economics, administrative law, or sales.

Question 15

Contract law is primarily:
A) federal statutory law
B) international commercial treaty law
C) federal common law
D) state statutory law
E) none of the other choices

Accepted Answer

Contract law in the United States is primarily governed by state common law, making none of the provided options fully correct. Federal laws and international treaties may influence certain aspects of contract law, especially in specific areas like contracts involving federal government entities or international trade, but the general principles and enforcement of contracts are largely determined by state law and judicial decisions.

Question 16

Quasi contract is used to prevent quantum meruit from occurring.

Accepted Answer

Quasi contract is not used to prevent quantum meruit; rather, both concepts are remedies in law to prevent unjust enrichment. Quasi contracts are fictional contracts that the law imposes to create an obligation between parties, typically when no actual agreement exists, to ensure fairness. Quantum meruit, meaning "as much as he has earned," is a principle used to determine the amount to be paid for services when no contract exists or when work done is outside the scope of an existing contract.

Question 17

Contract law is primarily:
A) federal statutory law
B) state common law
C) federal common law
D) state statutes
E) international code law

Accepted Answer

Contract law is primarily based on state common law, meaning that legal principles and rules have been developed over time by courts in individual states. While there are some federal statutes and regulations that impact contract law, such as the Uniform Commercial Code, the majority of contract law remains under state jurisdiction.

Question 18

The ____ means that there are also responsibilities imposed on parties who commit to binding relationships in contracts.
A) freedom of speech
B) freedom of torts
C) freedom of sales
D) freedom of economics
E) none of the other choices are correct

Accepted Answer

The statement refers to the concept of contractual obligations, which is not specifically covered by any of the options provided. Options A, B, C, and D relate to different legal and economic freedoms but do not directly address the responsibilities inherent in contractual relationships.

Question 19

The ____ evolved in commerce over the centuries.
A) law of invention
B) law of commerce
C) law of trade
D) law of documents
E) none of the other choices are correct

Accepted Answer

The correct term that evolved in commerce over the centuries is not provided among the options A through D, indicating that none of the provided choices accurately describe the evolution in commerce.

Question 20

Restitution is an equitable remedy that may be used to prevent unjust enrichment when one party accepts benefits provided by another that were not under contract.

Accepted Answer

Restitution is indeed an equitable remedy that is used to prevent unjust enrichment when one party accepts benefits provided by another that were not under contract.

Quiz 10: Contracts

In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have received, the appeals court agreed he should be paid based a measure of expectancy damages.

Quasi contract is also referred to as quantum meruit, a rule that allows courts to avoid injustice such as unjust enrichment.

The freedom of contract is:

19th century English courts referenced ____ when resolving contract disputes.

In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have received, the appeals court held he had no claim for payment as there was no written agreement as required by the Statute of Frauds.

The freedom of contract is:

The freedom of contract is a hallmark of:

The ____ evolved in commerce over the centuries.

An authoritative document that provides an orderly summary and presentation of the common law of contract is: