Question 1

Which of the following is a correct description of the agreement between Allison and Brendan?

Accepted Answer

A)In a unilateral contract,the offeror wants the offeree to do something,not to
promise to do something.The terms of express contracts are all clearly set forth in either written or spoken words.By offering $50 to the first person to mow her yard,Allison wanted someone to mow her yard,not to promise to mow her yard.

Question 2

[Wrong Deck] Gina hires Jackson over the telephone to paint her back deck.She tells him her address and agrees to pay him $200 for the job,and he accepts.They enter into the agreement on Tuesday,and he is to paint the deck on Saturday.Jackson had a little difficulty finding her house because he spilled coffee on the note where he wrote her address.When Jackson arrives,neither Gina nor her neighbor is at home.He mistakenly paints the neighbor's deck.Gina calls him the next day and asks him why he did not paint her deck.He informs her that he did paint the deck.When it is discovered that he mistakenly painted the neighbor's deck,Gina tells him not to worry because the neighbor will be required to pay him.Jackson says that if the neighbor does not pay,then he expects all of the payment from Gina,because the contract is executed.
-As of Tuesday when Jackson and Gina agreed upon the price for the job,what was the status of the agreement?

Accepted Answer

A)As long as some of the terms of a contract have not yet been performed,the
contract is executory.
B)As long as some of the terms of a contract have not yet been performed,the contract is executory.
C)As long as some of the terms of a contract have not yet been performed,the contract is executory.
D)As long as some of the terms of a contract have not yet been performed,the contract is executory.
E)As long as some of the terms of a contract have not yet been performed,the contract is executory.

Question 3

Which of the following is true about contract law in China?

Accepted Answer

A)Countries outside the United States have slightly different laws for different
types of contracts.China,for example,has seven chapters of general provisions for contracts but also has chapters with special provisions for 15 different types of contracts governing sales,leases,loans,donations,construction projects,storage,and transportation
B)Countries outside the United States have slightly different laws for different types of contracts.China,for example,has seven chapters of general provisions for contracts but also has chapters with special provisions for 15 different types of contracts governing sales,leases,loans,donations,construction projects,storage,and transportation
C)Countries outside the United States have slightly different laws for different types of contracts.China,for example,has seven chapters of general provisions for contracts but also has chapters with special provisions for 15 different types of contracts governing sales,leases,loans,donations,construction projects,storage,and transportation

Question 4

Which of the following is correct regarding Gina's assertion that the neighbor will be required to pay Jackson?

Accepted Answer

A)There are limits to the doctrine of quasi-contract;specifically,the enrichment must be unjust.Sometimes a benefit may be conferred on a party simply because of a mistake by the other party.In such a case the party that is enriched by the mistake of the other party need not make payments for the benefit received.
B)There are limits to the doctrine of quasi-contract;specifically,the enrichment must be unjust.Sometimes a benefit may be conferred on a party simply because of a mistake by the other party.In such a case the party that is enriched by the mistake of the other party need not make payments for the benefit received.
C)There are limits to the doctrine of quasi-contract;specifically,the enrichment must be unjust.Sometimes a benefit may be conferred on a party simply because of a mistake by the other party.In such a case the party that is enriched by the mistake of the other party need not make payments for the benefit received.
D)There are limits to the doctrine of quasi-contract;specifically,the enrichment must be unjust.Sometimes a benefit may be conferred on a party simply because of a mistake by the other party.In such a case the party that is enriched by the mistake of the other party need not make payments for the benefit received.
E)There are limits to the doctrine of quasi-contract;specifically,the enrichment must be unjust.Sometimes a benefit may be conferred on a party simply because of a mistake by the other party.In such a case the party that is enriched by the mistake of the other party need not make payments for the benefit received.

Question 5

Which of the following statements is true about ESIGN?

Accepted Answer

A)Congress passed the Electronic Signatures in Global and National Commerce
ESIGN)
Act to facilitate the use of electronic records and signatures in e-commerce.The federal law affirms e-contracts as legally valid.This law makes it clear that documents produced electronically are as valid as documents produced on paper.
B)Congress passed the Electronic Signatures in Global and National Commerce ESIGN)
Act to facilitate the use of electronic records and signatures in e-commerce.The federal law affirms e-contracts as legally valid.This law makes it clear that documents produced electronically are as valid as documents produced on paper.
C)Congress passed the Electronic Signatures in Global and National Commerce ESIGN)
Act to facilitate the use of electronic records and signatures in e-commerce.The federal law affirms e-contracts as legally valid.This law makes it clear that documents produced electronically are as valid as documents produced on paper.

Question 6

In Baum v.Helget Gas Products,Inc. ,what was the outcome of the handwritten notes that were claimed to comprise an employment contract?

Accepted Answer

A)Handwritten notes can be considered an enforceable employment contract in a court of law.
B)Handwritten notes can be considered an enforceable employment contract in a court of law.
C)Handwritten notes can be considered an enforceable employment contract in a court of law.
D)Handwritten notes can be considered an enforceable employment contract in a court of law.
E)Handwritten notes can be considered an enforceable employment contract in a court of law.

Question 7

Which of the following is true regarding Brendan's statement that he did not have to pay the emergency room charges?

Accepted Answer

A)Implied contracts arise not from words but from the conduct of the parties.By
providing emergency services,the hospital created an implied contract for payment of its services.
B)Implied contracts arise not from words but from the conduct of the parties.By providing emergency services,the hospital created an implied contract for payment of its services.
C)Implied contracts arise not from words but from the conduct of the parties.By providing emergency services,the hospital created an implied contract for payment of its services.
D)Implied contracts arise not from words but from the conduct of the parties.By providing emergency services,the hospital created an implied contract for payment of its services.
E)Implied contracts arise not from words but from the conduct of the parties.By providing emergency services,the hospital created an implied contract for payment of its services.

Question 8

[Wedding flowers] Serena planned a backyard wedding for her daughter,Naomi,and contacted Flo's Flowers.Flo and Serena discussed terms for Naomi's wedding,including purple flowers,delivery at 3:00 p.m. ,and a total cost of $2,000.Flo e-mailed Serena a ten-page pre-printed contract in tiny print,which Serena thought was very long and confusing,but Flo had the best flowers in town.Serena glanced at the contract and noticed the price of "Three Thousand Dollars," which was not what they agreed.She typed a line through it and typed "$2K" in the margin along with her initials.Since she did not see anything about flower color,she added on the last page "As discussed,please provide purple flowers." She also noticed the delivery time was 5:00 p.m.Since they had agreed on 3:00 p.m. ,she changed that item,and then typed her name at the bottom of the contract and e-mailed it back to Flo.When the big day came two months later,Flo's delivery truck did not arrive until 5:00 p.m. ,and brought pink flower arrangements.The delivery workers gave Serena an invoice for$3,000 and demanded payment.Serena was livid and demanded they provide purple flowers,as agreed.Unfortunately,they had no flowers left in the delivery truck and the store was closed.Guests were arriving and Serena had no choice but to use the pink flowers.She begrudgingly handed over a check for $2,000.The following day,Flo called demanding payment of the remaining one thousand dollars.Serena told her she would not pay because the flowers were pink,the price was wrong,and they arrived late.Flo referred Serena to Section 29 of the contract which states,"Pigment may be redesigned at any time."
-Following standards of contract interpretation,what was the proper price of the flowers,according to the terms of the contract?

Accepted Answer

A)If there is a conflict between preprinted and handwritten terms,the handwritten
ones prevail.If numerals and numbers written out in words conflict,the written words prevail.
B)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.If numerals and numbers written out in words conflict,the written words prevail.
C)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.If numerals and numbers written out in words conflict,the written words prevail.
D)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.If numerals and numbers written out in words conflict,the written words prevail.
E)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.If numerals and numbers written out in words conflict,the written words prevail.

Question 9

Which of the following statements is true about both ESIGN and UETA?

Accepted Answer

A)Both ESIGN and UETA affirm e-contracts as legally valid.While congress
passed ESIGN to facilitate use of electronic records and signatures in
e-commerce,it did not write or pass UETA.Instead,the National Conference of Commissioners on Uniform State Laws proposed UETA,which has been adopted by most states.
B)Both ESIGN and UETA affirm e-contracts as legally valid.While congress passed ESIGN to facilitate use of electronic records and signatures in
e-commerce,it did not write or pass UETA.Instead,the National Conference of Commissioners on Uniform State Laws proposed UETA,which has been adopted by most states.
C)Both ESIGN and UETA affirm e-contracts as legally valid.While congress passed ESIGN to facilitate use of electronic records and signatures in
e-commerce,it did not write or pass UETA.Instead,the National Conference of Commissioners on Uniform State Laws proposed UETA,which has been adopted by most states.

Question 10

Flo claims that "pigment redesign" in Section 29 is regularly used in the flower business,and that she had every right to "redesign" the color of the arrangements because she is a professional in the business.On which general guideline of contract interpretation is Flo relying?

Accepted Answer

A)According to general guidelines of contract interpretation,a court should interpret technical words in a contract as they are usually understood by persons in the profession or business to which they relate,unless clearly used in a different sense.
B)According to general guidelines of contract interpretation,a court should interpret technical words in a contract as they are usually understood by persons in the profession or business to which they relate,unless clearly used in a different sense.
C)According to general guidelines of contract interpretation,a court should interpret technical words in a contract as they are usually understood by persons in the profession or business to which they relate,unless clearly used in a different sense.
D)According to general guidelines of contract interpretation,a court should interpret technical words in a contract as they are usually understood by persons in the profession or business to which they relate,unless clearly used in a different sense.
E)According to general guidelines of contract interpretation,a court should interpret technical words in a contract as they are usually understood by persons in the profession or business to which they relate,unless clearly used in a different sense.

Question 11

Serena claims the contract is not valid because she only typed her name onto an electronic form and she did not "sign" any contract.Is she correct?

Accepted Answer

A)Congress passed the Electronic Signatures in Global and National Commerce
ESIGN)
Act to facilitate the use of electronic records and signatures in e-commerce.The federal law affirms e-contracts as legally valid.This law makes it clear that documents produced electronically are as valid as documents produced on paper.

Question 12

Which of the following is true regarding Yasmeen's claim that she subjectively believed the book was an appropriate edition and that an enforceable contract,therefore,existed?

Accepted Answer

A)Contract law is based on an objective theory of contracts,which means we base
the existence of a contract on the parties' outward manifestations of intent and we base its interpretation on how a reasonable person would interpret it.
B)Contract law is based on an objective theory of contracts,which means we base the existence of a contract on the parties' outward manifestations of intent and we base its interpretation on how a reasonable person would interpret it.
C)Contract law is based on an objective theory of contracts,which means we base the existence of a contract on the parties' outward manifestations of intent and we base its interpretation on how a reasonable person would interpret it.
D)Contract law is based on an objective theory of contracts,which means we base the existence of a contract on the parties' outward manifestations of intent and we base its interpretation on how a reasonable person would interpret it.
E)Contract law is based on an objective theory of contracts,which means we base the existence of a contract on the parties' outward manifestations of intent and we base its interpretation on how a reasonable person would interpret it.

Question 13

Serena claims Flo breached the contract by arriving at 5:00 p.m. ,rather than 3:00.Is she correct?

Accepted Answer

A)If there is a conflict between preprinted and handwritten terms,the handwritten
ones prevail.
B)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.
C)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.
D)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.
E)If there is a conflict between preprinted and handwritten terms,the handwritten ones prevail.

Question 14

[Dog Training] Nia and Bruno enter into a written contract for Bruno to train Nia's dog.Under the contract,Nia is required to pay Bruno $20 for each training session.
-Would their contract be governed by common law or the UCC?

Accepted Answer

A)All contracts are governed by either common law or the Uniform Commercial
Code UCC).If the contract is for the sale of a good,it falls under Article 2 of the UCC;if it is for anything else,it falls under common law.
B)All contracts are governed by either common law or the Uniform Commercial Code UCC).If the contract is for the sale of a good,it falls under Article 2 of the UCC;if it is for anything else,it falls under common law.
C)All contracts are governed by either common law or the Uniform Commercial Code UCC).If the contract is for the sale of a good,it falls under Article 2 of the UCC;if it is for anything else,it falls under common law.
D)All contracts are governed by either common law or the Uniform Commercial Code UCC).If the contract is for the sale of a good,it falls under Article 2 of the UCC;if it is for anything else,it falls under common law.
E)All contracts are governed by either common law or the Uniform Commercial Code UCC).If the contract is for the sale of a good,it falls under Article 2 of the UCC;if it is for anything else,it falls under common law.

Question 15

Which analysis of the effect of the discovery that Dylan has a book that is not appropriate for the class would be correct?

Accepted Answer

A)If a mutual misunderstanding between the parties exists,and if as a result they
did not really come to a meeting of the minds,there is no contract.
B)If a mutual misunderstanding between the parties exists,and if as a result they did not really come to a meeting of the minds,there is no contract.
C)If a mutual misunderstanding between the parties exists,and if as a result they did not really come to a meeting of the minds,there is no contract.
D)If a mutual misunderstanding between the parties exists,and if as a result they did not really come to a meeting of the minds,there is no contract.
E)If a mutual misunderstanding between the parties exists,and if as a result they did not really come to a meeting of the minds,there is no contract.

Question 16

Which statement is true regarding Jackson's assertion that Gina must pay him if the neighbor fails to do so?

Accepted Answer

A)Once all the terms of the contract have been fully performed,the contract has
been executed.As long as some of the terms have not yet been performed,the contract is executory.

Question 17

Which of the following is not a negotiable instrument?

Accepted Answer

A)Negotiable instruments are unconditional written promises to pay the holder a
specific sum of money on demand or at a certain time.The most common negotiable instruments are checks,notes,drafts,and certificates of deposit.
B)Negotiable instruments are unconditional written promises to pay the holder a specific sum of money on demand or at a certain time.The most common negotiable instruments are checks,notes,drafts,and certificates of deposit.
C)Negotiable instruments are unconditional written promises to pay the holder a specific sum of money on demand or at a certain time.The most common negotiable instruments are checks,notes,drafts,and certificates of deposit.
D)Negotiable instruments are unconditional written promises to pay the holder a specific sum of money on demand or at a certain time.The most common negotiable instruments are checks,notes,drafts,and certificates of deposit.
E)Negotiable instruments are unconditional written promises to pay the holder a specific sum of money on demand or at a certain time.The most common negotiable instruments are checks,notes,drafts,and certificates of deposit.

Question 18

Serena tells Flo that any judge would find that the contract calls for purple flowers,and that Flo breached the contract by providing pink flowers instead of purple.Is she correct?

Accepted Answer

A)A judge should interpret a contract so as to give effect to the parties' intentions at
the time they entered into the contract and to ensure the agreement makes sense as a whole.If possible,the court should ascertain the parties' intentions from the writing.

Question 19

Flo claims that pink was proper under Section 29,and any court would interpret the contract in Flo's favor.Would Section 29 likely be enforced?

Accepted Answer

A)If the contract contains ambiguity,the judge should interpret it against the
interests of the drafter.After all,the drafter is the one who could have prevented the ambiguity in the first place.
B)If the contract contains ambiguity,the judge should interpret it against the interests of the drafter.After all,the drafter is the one who could have prevented the ambiguity in the first place.
C)If the contract contains ambiguity,the judge should interpret it against the interests of the drafter.After all,the drafter is the one who could have prevented the ambiguity in the first place.
D)If the contract contains ambiguity,the judge should interpret it against the interests of the drafter.After all,the drafter is the one who could have prevented the ambiguity in the first place.
E)If the contract contains ambiguity,the judge should interpret it against the interests of the drafter.After all,the drafter is the one who could have prevented the ambiguity in the first place.

Question 20

[Refusal to Pay] Business law teacher Allison needed some yard work done.She told her class that she would give $50 to the first person who mowed her yard.She also entered into an agreement with Karina who agreed to trim some shrubbery for $40.Another student,Brendan went to mow Allison's yard.Unfortunately,just as he finished mowing,a neighborhood dog bit him,and he had to go to the emergency room for a couple of stitches.Allison refused to pay Brendan because she said that he had upset the neighbors and their dog,and that he was more trouble than he was worth.Secretly,Allison was glad about the dog bite because she felt it gave her a reason not to pay.Brendan refused to pay the emergency room because he said that they did not have a binding,bilateral contract.Karina refused to trim the shrubbery because she got a better offer and claimed that she was not bound on the contract until she started the work.
-Which of the following is correct regarding Karina's statement that there was no contract?

Accepted Answer

A)If the offeror wants a promise from the offeree to form a binding contract,the contract is a bilateral contract,commonly defined as a promise in exchange for a promise.The terms of express contracts are all clearly set forth in either written or spoken words.Allison and Karina exchanged promises when Allison promised to pay Karina $40 in exchange for Karina's promise to trim the shrubs.
B)If the offeror wants a promise from the offeree to form a binding contract,the contract is a bilateral contract,commonly defined as a promise in exchange for a promise.The terms of express contracts are all clearly set forth in either written or spoken words.Allison and Karina exchanged promises when Allison promised to pay Karina $40 in exchange for Karina's promise to trim the shrubs.
C)If the offeror wants a promise from the offeree to form a binding contract,the contract is a bilateral contract,commonly defined as a promise in exchange for a promise.The terms of express contracts are all clearly set forth in either written or spoken words.Allison and Karina exchanged promises when Allison promised to pay Karina $40 in exchange for Karina's promise to trim the shrubs.
D)If the offeror wants a promise from the offeree to form a binding contract,the contract is a bilateral contract,commonly defined as a promise in exchange for a promise.The terms of express contracts are all clearly set forth in either written or spoken words.Allison and Karina exchanged promises when Allison promised to pay Karina $40 in exchange for Karina's promise to trim the shrubs.
E)If the offeror wants a promise from the offeree to form a binding contract,the contract is a bilateral contract,commonly defined as a promise in exchange for a promise.The terms of express contracts are all clearly set forth in either written or spoken words.Allison and Karina exchanged promises when Allison promised to pay Karina $40 in exchange for Karina's promise to trim the shrubs.

Quiz 13: Introduction to Contracts