Question 1

Which of these is an instance of a quasi contract?

Accepted Answer

A quasi contract is an obligation created by law for the purpose of promoting fairness and justice when no actual contract exists between the parties. In this case, the unconscious man did not enter into a contract with the hospital or the passer-by, but the law imposes an obligation on the hospital to provide necessary medical care and on the passer-by to act in the best interest of the unconscious man. This is an example of a quasi contract.

None of the other options fit the definition of a quasi contract. Option A describes an actual contract between an employer and employee, option C describes a valid contract between two companies, and option D describes a situation where a contract is formed based on the promises made by the caterer and the woman.

Question 2

Companies are not permitted to issue licenses by e-commerce.

Accepted Answer

Companies are permitted to issue licenses through e-commerce in many cases, although there may be some limitations or regulations depending on the industry and jurisdiction.

Question 3

Express contract can be stated orally.

Accepted Answer

An express contract can be stated orally, as long as the terms and conditions are clearly understood and agreed upon by both parties. However, it is always advisable to have a written contract to avoid any misunderstandings or disputes later on.

Question 4

The UCITA (Uniform Computer Information Transactions Act) establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses.

Accepted Answer

The UCITA is a model law that has been enacted in some US states, and it establishes uniform rules for transactions involving computer information, including electronic contracts and licenses.

Question 5

Traditional contract rules do not apply to e-contracts.

Accepted Answer

Traditional contract rules do apply to e-contracts, including offer, acceptance, consideration, and intention to create legal relations. However, there may be additional legal issues to consider in e-contracts, such as jurisdiction and enforceability.

Question 6

The ________ establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses.

Accepted Answer

The Uniform Computer Information Transactions Act (UCITA) establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses. The common law of contracts and the Restatement of the Law of Contracts are broader sources of contract law, while the Uniform Commercial Code deals primarily with the sale of goods. Therefore, the best choice for this question is C.

Question 7

The UCITA (Uniform Computer Information Transactions Act) is a model act that does not become law until a state legislature adopts it as a statute for the state.

Accepted Answer

The UCITA is not a federal law, but a model act that has to be adopted by each state before becoming a statute in that state.

Question 8

Which of the following is true of the equity doctrine?

Accepted Answer

The equitable doctrine is often used in cases where a monetary award would not fully remedy the harm suffered by the plaintiff. It allows the court to grant non-monetary remedies such as injunctions, specific performance, and declaratory judgments.

B is incorrect because in an action in equity, the judge decides the equitable issue, not a jury.

C is partially true because an equitable action could be tried with a judge or a jury, but the decision on the equitable issue would still be made by the judge.

D is incorrect because the doctrine of equity can be applied in contract cases.

Question 9

Explain the doctrine of equity with reference to contracts.

Accepted Answer

The answer of Explain the doctrine of equity with reference...

Question 10

An implied-in-law contract is a contract in which agreement between parties has been inferred from their conduct.

Accepted Answer

The answer of An implied-in-law contract is a contract in...

Question 11

There is no right to a jury trial in an equitable action.

Accepted Answer

In an equitable action, such as those relating to trusts, property disputes, or injunctions, the relief sought is often non-monetary and based on fairness rather than strictly legal rights. As a result, there is traditionally no right to a jury trial in equitable actions.

Question 12

A quasi contract 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

This is correct. A quasi contract is a legal fiction that the court may impose in order to prevent one party from being unjustly enriched at the expense of the other party. Even though there was no actual contract in place, the court may find that the plaintiff provided valuable work or services to the defendant and award them damages to prevent the defendant from benefiting without paying for those services.

Question 13

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

Accepted Answer

Equity is a legal principle that allows judges to consider all circumstances of a case and make decisions based on fairness and justice. It is often used in cases where the application of strict legal rules would lead to an unjust result. Thus, option A is correct that equity permits judges to make decisions based on fairness, equality, moral rights, and natural law.

Question 14

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

Accepted Answer

Equity is a legal principle that allows judges to make decisions based on principles of fairness, equality, moral rights, and natural law, rather than strictly on the letter of the law. It is often used in cases where a strict application of the law would lead to an unfair or unjust result. The common law and Restatement of the Law of Contracts are legal sources that govern contract law, but they do not contain principles of equity. A letter of credit is a financial instrument used in commercial transactions.

Question 15

Michael Harrison opens an online store where people from all over the world can purchase and download iPhone apps. Which of the following should Michael consult to know the rules of trading through his online store?

Accepted Answer

The Uniform Computer Information Transactions Act (UCITA) is a model law that governs the licensing of information and software. It provides guidance on issues such as electronic contracts, warranties, and limitations of liability that are relevant to online transactions. The common law of contracts and the objective law of contracts are not specific to online transactions and may not have provisions for electronic contracts. The Uniform Commercial Code (UCC) primarily deals with sales of goods and may not be applicable to online app purchases. Therefore, UCITA is the best choice for Michael to understand the rules of trading through his online store.

Question 16

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

Accepted Answer

An express contract is a written or oral agreement in which all terms are explicitly stated, such as the one Kyle signs at the used-car showroom.

Question 17

Which of the following is true of the Uniform Computer Information Transactions Act?

Accepted Answer

The Uniform Computer Information Transactions Act (UCITA) does not become law until a state adopts it as a statute. It is not a federal law and only applies to states that have adopted it. The other options are incorrect as the UCITA does not establish rules for franchises, deals with both electronic contracts and licenses, and does not address all legal issues encountered while starting an entrepreneurial venture.

Question 18

To create an implied-in-fact contract, it must be established that a plaintiff provided a property or services gratuitously.

Accepted Answer

To create an implied-in-fact contract, there must be an implied agreement between the parties based on their conduct and circumstances, not necessarily a gratuitous provision of property or services by the plaintiff.

Question 19

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

Accepted Answer

The answer of How are unjust enrichment and unjust detriment...

Question 20

The UCITA (Uniform Computer Information Transactions Act) is a law common to all states and does not require state legislatures to adopt it as a statute for the state.

Accepted Answer

UCITA is a model act that states can choose to adopt or modify; it is not automatically law in all states without state legislature action.

Quiz 9: Nature of Traditional and E-Contracts