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1.

_____ The offeror is the party with the power to decide whether to create a contract.

2.

_____ An offer made as a joke, where a reasonable person would conclude that it was made as a joke, cannot result in a contract.

3.

_____ The communication of an offer can be made by the offeror or the offeror's agent.

4.

_____ Generally, advertisements, catalogs, price lists, etc. are not treated as offers.

5.

_____ A counteroffer is treated as both a revocation and a new offer.

6.

_____ Consideration can consist of giving up a legal right.

7.

_____ A promise to act or to refrain from doing an act can serve as consideration.

8.

_____ The mirror image rule permits the offeree's acceptance of a contract to vary from the offer.

9.

_____ A person who delegates his contractual duties is fully relieved of any further duty to perform under that contract.

10.

_____ When both parties to a contract are minors, either or both of them may avoid the contract.

11.

_____ A parent or parents who sign a contract on behalf of their minor child may disaffirm the contract just as their child may.

12.

_____ A party who makes a mistake about the value of the object of a contract is normally permitted to avoid the contract.

13.

_____ A plaintiff must prove that he suffered actual injury to recover damages for fraud.

14.

_____ A party to a contract may delegate his rights arising from the contract to another person.

15.

_____ The nonbreaching party normally may not recover punitive damages in a breach of contract claim.

16.

_____ Expenses, such as those incurred to obtain performance from a source other than the original contracting party, are called consequential damages.

17.

_____ An express contract may be either written or oral.

18.

_____ An incidental beneficiary can directly sue the maker of a contract in the case of breach.

19.

_____ The mirror image rule requires that the acceptance exactly match the offer.

20.

_____ Giving up a legal right to do something is enough to legally qualify as consideration.

21.

_____ A quasi contract is another name for an oral contract.

22.

_____ "I promise to pay you $100 if you will promise to fix my car next month." This is an offer for a unilateral contract.

23.

_____ If a person who has been declared incompetent by a court enters into an agreement, that agreement is void, because it does not meet all the requirements of a binding contract.

24.

_____ Alice makes a material misrepresentation of fact to Betty, and based upon the misrepresentation, Betty enters into a contract. Betty now realizes she was deceived and wants to get out of the contract. This contract is voidable at Betty's option only.

25.

_____ Nathan promises to take Debra to the show on Friday night. He then changes his mind so that he can stay home and study his business law. Nathan can be sued for breach of contract by Debra for breaking his promise.

26.

_____ Generally, an offer is effective as soon as it is dispatched.

27.

_____ An offer must be communicated to the offeree or his agent in order for the offer to be effective.

28.

_____ If Bill tells Sara that he will give her two days to decide if she wants to buy his car, he cannot sell it to anyone else during that time.

29.

_____ Generally, a contract exists when an offer has been accepted.

30.

_____ If the offer specifies it MUST be accepted by letter, a telegram will not be a valid means of acceptance.

31.

_____ If an offer states that it MUST be received by a certain date, receipt is presumed in those situations when acceptance is mailed.

32.

_____ The party to whom an offer is made is an offeree.

33.

_____ A counteroffer operates as a rejection of the original offer.

34.

_____ Contracts have a number of legally essential elements, among which are an agreement and consideration.

35.

_____ The law enforces all promises, therefore, all promises are contracts.

36.

_____ On July 12th, 2008, Louis offers to employ Teresa as head chef in his restaurant next year. The very next day, Teresa accepts the offer. The parties agree on a term of nine (9) months, and a $10,000 salary per month. Per their agreement, Teresa is to begin work on January 1. This contract falls within the scope of the statute of frauds, and thus will likely have to be in writing to be enforceable.

37.

_____ An offer can never be validly accepted by the offeree's silence.

38.

_____ Wendy offers to pay Jose $1,000 if he agrees to promise to paint her house this month. If Jose accepts the offer, it will create a unilateral, executed contract.

39.

_____ A contract to provide lawn and landscaping service for "the next six (6) months" falls within the scope of the statute of frauds, and must be in writing to be enforceable.

40.

_____ Fred offers to paint Debbie's home for $500. Debbie tells Fred she will only pay $450, and Fred agrees. Under these facts, Debbie is the "offeror."

41.

_____ Sarah, an artist, e-mails Patricia and offers to paint her portrait for $499.99. Patricia calls Sarah back and accepts the offer. Sarah promises to paint the portrait within one (1) year, if not sooner, and Patricia agrees to pay within six (6) months of the portrait's receipt. This is an enforceable, bilateral, executory contract.

42.

_____ Sue leases her 3 Bedroom, 2-bath home to Trisha for $300,000 for one year. The parties sign a written lease. Article 2-A of the UCC governs this contract.

43.

_____ Bob, a schoolteacher, sells his neighbor Sam an old office chair at a garage sale. Bob has given Sam an "implied warranty of merchantability."

44.

_____ Sue sells her 3 bedroom, 2 bath home to Trisha for $300,000. The parties sign a written contract. Article 2 of the UCC governs this contract.

45.

_____ A contract for lawn mowing services falls under the scope of Article 2 of the UCC.

46.

_____ For Article 2 of the UCC to apply, at least one party to the contract must be a merchant.

47.

_____ Pat, who owns an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor Judy. Pat is considered a merchant under Article 2 of the UCC in selling the books to Judy.

48.

_____ The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers.

49.

_____ Under a unilateral contract only one party makes a promise.

50.

_____ A void contract is a contract that one or both parties may cancel, at their option.

51.

_____ A promises to pay B $50 if B will mow A's lawn. B completely and satisfactorily mows A's lawn. This is a unilateral contract.

52.

_____ An express contract is a contract that is evidenced by a writing.

53.

_____ A revocation normally is effective at the time it is dispatched by the offeror.

54.

_____ A rejection normally is effective at the time it is dispatched by the offeree.

55.

_____ The offeror's death automatically terminates an offer, but the offeree's death does not.

56.

_____ An advertisement offering a reward for the return of lost property usually is treated as an offer for a uilateral contract.

57.

_____ An assignee must give consideration to the assignor in exchange for the assignment.

58.

_____ In general, ambiguities in a written agreement are resolved against the party who drafted the agreement.

59.

_____ Under the "American Rule" governing successive assignments, the first assignee in time has the superior right.

60.

_____ Rolland just bought a new pair of eye glasses. He had to go to the eye doctor for an exam and to get a prescription. He then took the prescription to the eye-glass store to by his new glasses. Rolland's visit to the eye doctor is governed by the UCC; the purchase of his glasses from the eye-glasses store is not.

61.

_____ The mirror image rule permits the offeree's acceptance of a contract to materially differ from the offer.

62.

_____ A counter-offer will generally be treated as an implied revocation, and a new offer.

63.

_____ If a rejection is placed in the mail, with the proper address and postage, it will generally be considered effective on "deposit."

64.

_____ One of the key issues in a promissory estoppel case is whether the defendant made a promise to the plaintiff that the plaintiff detrimentally relied upon.

65.

_____ In order for an offer to be legally valid under the common law, it must have reasonably definite terms.

66.

_____ Advertisements are typically considered valid offers.

67.

_____ One purpose of contract law is to make business matters more predictable.

68.

_____ The elements to a contract are agreement, consideration, legality, and capacity.

69.

_____ Robert agrees to buy a car from Jane for $400. This contract must be in writing to be enforceable.

70.

_____ "I'll pay you $1,000 if you promise to paint my house this month." If the offeree accepts, this is a unilateral contract.

71.

_____ A person who makes a contractual offer is referred to as an "offeree."

72.

_____ A person who makes a contractual promise is referred to as a "promisee."

73.

_____ All promises are enforceable as contracts.

74.

_____ Advertisements are generally not considered as offers to enter into a contract.

75.

_____ Under the common law, an offeree's proposal to make a material change in the terms of an offer will most likely constitute a counter-offer.

76.

_____ Mary was mistaken about a material fact concerning a contract she made with Bob. Mary can avoid the contract on the grounds of "fraud."

77.

_____ Under the "mailbox rule," some acceptances are deemed effective upon dispatch.

78.

_____ A party can always avoid a contract on the basis of a unilateral mistake of value.

79.

_____ Agreement is usually evidenced by an offer and an acceptance.

80.

_____ An offeror's subjective beliefs or assumptions determine his or her intent to contract.

81.

_____ Under the common law, an offer must contain reasonably definite terms to be enforced.

82.

_____ An offer does not need to be communicated to the offeree to be effective.

83.

_____ A promise to do some specified thing in the future is an offer.

84.

_____ Any agreement made "after a few drinks" can be avoided for lack of seriousness of intent.

85.

_____ A price list is considered an offer.

86.

_____ An expression of opinion is not a valid offer.

87.

_____ When a contractor submits a bid for a construction project, the submission of the bid is an offer.

88.

_____ A "quasi-contract" is not really a contract.

89.

_____ An "express" contract must be in writing.

90.

_____ Parol evidence is never admissible.

91.

_____ If an offeree makes a counteroffer, he becomes the "counter-offeror."

92.

_____ The UCC applies to contracts for services as well as to contracts for the sale of goods.

93.

_____ Under the UCC, the mirror image rule applies in the same manner as under common law.

94.

_____ In ordinary sales transactions, the implied warranty of fitness for a particular purpose can be disclaimed, but the disclaimer must be in writing and conspicuous.

95.

_____ Implied warranties of merchantability can never be disclaimed.

96.

_____ A model used in connection with selling goods will usually amount to a warranty that the goods will be as the model indicates.

97.

_____ A statement that a particular truck can haul a 3,000 pound load would be treated as an opinion and would not become an express warranty.

98.

_____ The implied warranty of merchantability requires that goods be fit for the ordinary purposes for which they are intended.

99.

_____ For the implied warranty of fitness for a particular purpose to apply, the seller must have actually known the purpose for which the buyer was purchasing the goods.

100.

_____ An implied warranty of merchantability arises in every sale or lease by a merchant.

101.

_____ A seller's statement that "this is a terrific used car" generally creates an express warranty.

102.

_____ A buyer from a thief can acquire title to the goods as a good faith purchaser.

103.

_____ A contract for the sale of goods must include a price to be enforceable under the UCC.

104.

_____ In ordinary sales transactions, the warranty of title can be disclaimed or modified only by specific language in a contract.

105.

_____ Implied warranties of merchantability can never be disclaimed.

106.

_____ According to the UCC, unless otherwise specified or agreed upon, all goods in a contract must be rendered in a single delivery.

107.

_____ The UCC, not common law, covers the sale of real estate and services.

108.

_____ When an offer governed by the UCC does not specify a means of acceptance, it can be accepted by any means reasonable under the circumstances.

109.

_____ The UCC always governs breach of contract cases involving a combination of services and tangible movable goods.

110.

_____ In order to be liable for negligence a person must have owed a duty of care to the plaintiff.

111.

_____ Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks a window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

112.

_____ Truth is a complete defense to defamation.

113.

_____ Arthur offers Bob, an employee of Carl, a job with his company at a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.

114.

_____ The same act can never be both a tort and a crime.

115.

_____ Because he's a good friend, and has known Hilda a long time, Scott fixes Hilda's car as a surprise for her birthday. When Hilda sees it, she is so happy, she promises to give Scott $1000 the following week for doing the work. He gratefully accepts. A court would likely find that: 1) this promise to be supported by valid consideration; and 2) Hilda's promise to pay $1000 is enforceable as a contract.

116.

_____ One distinction between nuisance and trespass to land is that trespass to land involves intrusions by human beings, while nuisance involves intrusions by other forces.

117.

_____ In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else.

118.

_____ In a strict liability case, the plaintiff still must prove that the defendant breached a duty.

119.

_____ Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skill in the area.

120.

_____ A copyright owner's failure to use a proper copyright notice does not cause her to forfeit copyright protection.

121.

_____ Consent can be raised as a defense to battery.

122.

_____ Bill dictates a letter to his assistant, Barbara. The letter is addressed to Betty Bonds, his accountant, and in it, he accuses Betty of being dishonest - when he knows she is not! Barbara never types the letter, and does not send it to Betty. Nevertheless, Bill has likely committed the tort of defamation.

123.

_____ In a defamation suit where the plaintiff is a "public figure," the defendant must prove that the plaintiff acted "with actual malice."

124.

_____ A fanciful use of ordinary words may be trademarked.

125.

_____ Tort law provides legal remedies for both personal injury and property damage.

126.

_____ In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act.

127.

_____ To commit an intentional tort, a person need not act with a harmful motive.

128.

_____ An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future.

129.

_____ A battery occurs only if the victim suffers actual physical harm.

130.

_____ Libel involves the written communication of defamatory language.

131.

_____ Puffery is fraud.

132.

_____ To commit the tort of trespass to land, a person does not need to actually harm the land.

133.

_____ Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

134.

_____ An arbitrary use of ordinary words may not be trademarked.

135.

_____ A service mark is used to distinguish products produced by the federal government from those produced by private corporations.

136.

_____ Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally knocks it off Rob's head in order to embarrass Rob. Brad has committed a battery.

137.

_____ In a defamation action, the plaintiff must prove that the defendant communicated a false statement to a third party.

138.

_____ A tort is a violation of a duty imposed by the civil law.

139.

_____ Under the new Restatement (Third) of Torts, a manufacturing defect exists only when it is shown that: 1) the product has departed from its intended design; and 2) the manufacturer failed to exercise "due care" in the manufacturing process.

140.

_____ Written defamation is called "slander."

141.

_____ Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

142.

_____ In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

143.

_____ Prior to any battery, an assault (even if only momentarily) must have occurred.

144.

_____ Punitive damages are intended to punish the defendant.

145.

_____ An employee who divulges secret trade information cannot be sued.

146.

_____ Infringement is the unauthorized use of the intellectual property of another

147.

_____ Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition.

148.

_____ For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office.

149.

_____ Trade secrets are information held as confidential by a company and its employees.

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