Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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1.
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A
contract is: a. | a binding
agreement. | b. | an agreement creating an obligation. | c. | an agreement
that creates enforceable duties and obligations. | d. | all of the
above. | | |
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2.
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The
elements of a contract include all of the following except: a. | an
agreement. | b. | two or more competent parties. | c. | consideration. | d. | an illegal purpose. | | |
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3.
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A
party to a contract may be: a. | an individual. | b. | a
partnership. | c. | a corporation. | d. | all of the
above. | | |
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4.
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To
have a contract you must have: a. | an offer. | b. | an
acceptance. | c. | both an offer and an acceptance. | d. | an agreement
manifested by the written or spoken words of the parties. | | |
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5.
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A
bilateral contract consists of a: a. | promise for an act. | b. | promise for
refraining from acting. | c. | promise for a promise. | d. | promise to
contract. | | |
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6.
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The
main thrust of the quasi contract is to: a. | encourage the making of written
contracts. | b. | prevent enrichment. | c. | compensate those
who voluntarily help others. | d. | prevent unjust enrichment. | | |
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7.
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The
plaintiff in a quasi-contractual action can recover: a. | lost
profits. | b. | damages for mental distress. | c. | the reasonable
value of the benefit conferred upon the defendant. | d. | for all the
damages sustained. | | |
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8.
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The
willingness of an offeror to enter into a contractual agreement regarding a particular subject is
expressed by a(n): a. | offer. | b. | acceptance. | c. | contract. | d. | agreement. | | |
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9.
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A
customer went into a store and saw a beautiful leather jacket bearing a price tag of $29. The
customer handed the cashier a $50.00 bill and said, "I accept. We have a deal." The cashier
then noticed the price tag and told the customer an error had been made and that the price was $229.
In this case: a. | the customer
already had accepted the offer. | b. | the price tag was a firm offer. | c. | no contract was
formed because the customer's offer was refused. | d. | the customer is
the offeree. | | |
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10.
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A
said to B, "I'll give you $100 for that bracelet." B replied, "$135." A said,
"NO thanks." B then said that B accepted the $100, but A was no longer interested and said
there was no contract. B insists there is a contract. Result? a. | A's offer of
$100 was open and accepted by B forming a contract. | b. | B's counteroffer
of $135 terminated A's offer of $100. | c. | B's statement, "$135" was a negotiating statement
that did not terminate the offer of $100. | d. | A's offer of $100 was irrevocable. | | |
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11.
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If an
offeree dies before the offer has been accepted, the offer: a. | may be rejected
by the surviving spouse of the offeree. | b. | may be accepted by the surviving spouse of the
offeree. | c. | is automatically revoked by the death of the
offeree. | d. | may be accepted by the guardian appointed for any minor
children of the offeree. | | |
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12.
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In
general, an acceptance occurs when: a. | a particular form of words is stated to the
offeror. | b. | a particular mode of expression is made to the
offeror. | c. | the offeree reserves the right to reject the
offer. | d. | a clear expression of acceptance
occurs. | | |
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13.
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Contractual capacity is the ability to: a. | read and
write. | b. | sign a written contract. | c. | understand that
a contract is being made and to understand its general nature. | d. | understand the
legal meaning of the contract being made. | | |
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14.
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A
minor cannot avoid a contract that has been: a. | ratified. | b. | signed. | c. | processed. | d. | disallowed by
the court. | | |
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15.
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When
a minor avoids a contract to purchase a car: a. | the parents of the minor are liable for the purchase
price. | b. | a relative who cosigned the contract is liable for the purchase
price. | c. | a friend to whom the minor loaned the car is liable for the
purchase price. | d. | the automobile insurance company is liable for the purchase
price. | | |
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16.
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In
which of the following cases is a contract between A and B binding? a. | A makes a
mistake of material fact. | b. | A and B make the same mistake of material
fact. | c. | A recklessly but honestly misrepresents a material
fact. | d. | A innocently misrepresents a material
fact. | | |
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17.
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I
believe that I own a very valuable vase. I tell this to you and state that I will sell it to you for
$800. I sell the vase to you, and you later find out that the vase is worth only $200. A
fraud: a. | has
occurred. | b. | ordinarily has not occurred. | c. | always can be
based upon a statement of opinion or value. | d. | none of the
above. | | |
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18.
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Will
the law enforce every promise? a. | Yes. | b. | Yes, with or without consideration. | c. | Generally yes,
if consideration amongst other elements is present. | d. | None of the
above. | | |
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19.
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Consideration is: a. | the concern shown by the other contracting
party. | b. | what is demanded by the promisor as the price for the
promise. | c. | a stated number of dollars. | d. | the concern of
both contracting parties for the protection of the environment. | | |
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20.
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In a
unilateral contract, the consideration for the promise is: a. | the surrender of
a claim against the promisor. | b. | the returning of the promisor's
property. | c. | a promise to do the act called for by the
promisor. | d. | the doing of the act called for by the
promisor. | | |
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21.
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When
there is no consideration for a promise, the agreement is: a. | illegal. | b. | void. | c. | not
binding. | d. | unethical. | | |
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22.
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Ordinarily, a promise to perform an existing legal obligation is: a. | not
consideration. | b. | binding if the promisor promises to perform with extra
care. | c. | binding if the promisor promises to perform to suit the
personal satisfaction of the promisee. | d. | binding if substantial loss would be caused the promisee by a
breach of the promise. | | |
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23.
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In
the case of an illegal contract, both parties usually are prohibited from seeking relief in the
courts: a. | if the illegal
contract has not been performed. | b. | if the contract has been partially
performed. | c. | if the contract has been fully
performed. | d. | all of the above. | | |
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24.
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An
agreement to slander a third person would not be enforceable because slander is
a(n): a. | crime. | b. | civil wrong. | c. | infringement of
privacy. | d. | assault. | | |
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25.
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An
agreement to restrain trade may be void on the grounds that it is: a. | fraudulent. | b. | contrary to public policy. | c. | illegal
lobbying. | d. | unfair to merchants. | | |
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26.
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The
standard statute of frauds: a. | requires full disclosure in the case of consumer sales on
credit. | b. | requires a seller of real estate to obtain a broker's
license. | c. | specifies the punishment of perjury. | d. | requires that a
contract for the sale of land be evidenced by a writing. | | |
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27.
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The
statute of frauds applies to: a. | the lease of an apartment on a month-to-month
basis. | b. | the cancellation of a written agreement for the sale and
purchase of land. | c. | an employment agreement. | d. | the sale of
goods less than $500. | | |
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28.
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A
promise to pay a debt must be in writing if: a. | the debt is for more than $500. | b. | the debt is now
due and payable. | c. | the promise is to pay the debt of
another. | d. | the debt owed is the promisor's. | | |
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29.
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The
statute of frauds applies to: a. | a contract of indefinite duration that is terminable at will by
either party. | b. | a promise made directly to a debtor that the promisor will pay
the creditor of the debtor what is owed. | c. | a promise by an executor to pay a claim against the estate out
of his or her personal funds. | d. | mutual promises to marry. | | |
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30.
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The
Uniform Commercial Code contains a statute of frauds relating to sales of personal property,
specifically: a. | goods. | b. | chattel paper. | c. | real
property. | d. | none of the above. | | |
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31.
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A
writing that satisfies the requirement of a writing under the statute of frauds could be evidenced
by: a. | a
note. | b. | a memorandum. | c. | a
contract. | d. | all of the above. | | |
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32.
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The
parol evidence rule: a. | applies to complete written
contracts. | b. | prevents proof of fraud. | c. | applies to
incomplete contracts. | d. | is not designed to preserve the integrity of written
contracts. | | |
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33.
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Parol
evidence generally is admissible to explain: a. | ambiguous terms. | b. | why signatures
are missing. | c. | why a contract was not performed. | d. | implied
terms. | | |
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34.
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Parol
evidence may be admitted to show that a provision was omitted as the result of: a. | fraud. | b. | accident. | c. | mistake. | d. | all of the above. | | |
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35.
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An
oral contract containing a promise by an executor to pay estate debts from estate funds
is: a. | binding. | b. | voidable by the executor or
administrator. | c. | enforceable against the executor only if the executor signs
written proof of the agreement. | d. | enforceable against the other contracting party only if that
party signs a written agreement. | | |
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Case
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36.
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Gerwin's daughter Mary was seeking a position as an associate attorney with Baker,
Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with Mary over a
two-month period, made Mary an offer of employment on January 15.
Mary accepted the offer that day and immediately left for Cape Cod to
celebrate without telling Gerwin or anyone else about her new job. Two days later, Gerwin sent Baker
a letter in which she offered to give Baker all of her legal business (approximately $40,000 per
year) if Baker would hire Mary. After Gerwin learned that Mary already had been hired by Baker,
Gerwin refused to transfer her business to Baker. Baker has brought suit against Gerwin on the
grounds that a valid contract exists between them. How will the case be decided?
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