5 Written Questions

1. if you have complete performance:
2. if an acceptance is improperly dispatched, like being mailed to an incorrect address or sent in violation of the terms of the offer, then the acceptance is not valid until it is received by the offeror. this rule is called the
3. a contract that is grossly unfair and one-sided and one person is taking advantage of the situation
4. the agreement between parties for the different performances, not binding until the satisfaction is made
5. the performance of the substituted obligation, the accord is not binding until this is met

5 Matching Questions

1. objective impossibility
2. restitution
3. exculpatory agreement
4. statutes of frauds
5. concurrent conditions

1. a it can't be done
2. b the act of restoring something to its original state
3. c where each party's absolute duty to perform is conditioned on the other part's absolute duty to perform. ex. a house closing-seller does not have to sign papers selling the house until the buyer signs the papers
4. d an agreement that releases one party from the consequences brought about by his wrongful acts or negligence. an example is when passengers have to sign something that says the airline will not be held responsible for anything that happens during the flight.
5. e require certain contracts be in writing, these date back to early English law when people tried to enter into false oral contracts and plead for the court to enforce the contract

5 Multiple Choice Questions

1. debt that is truly in dispute, neither party can prove the exact amount owed.
   1. lapse of time
   2. unilateral mistake
   3. restitution
   4. unliquidated debt
2. this is the third requirement for an offer, and says that until the offer is known to the offeree, the the offeree does not know that there is an offer that can be accepted.
   1. communication of the offer
   2. unilateral mistake
   3. lapse of time
   4. contract discharged
3. a mistake by only one party and gives no relief to the contract terms
   1. contract discharged
   2. unliquidated debt
   3. lapse of time
   4. unilateral mistake
4. when the parties make a mistake on material things like how much land is being sold, there is relief for this
   1. mutual mistake of value
   2. unconscionable contract
   3. mutual mistake of material fact
   4. material breach of contract
5. when both parties know the object of the contract but are mistakes its value, neither party will get relief
   1. lapse of time
   2. unilateral mistake
   3. mutual mistake of value
   4. mutual mistake of material fact

5 True/False Questions

1. contracts that must be in writing → 1) contracts that can't be performed in a year
   2) contract for the sale of goods over $500
   3) contract for the sale on transfer of an interest in real property
   4) promises to perform the obligations of others
   5) promises made in contemplation of marriage

   True        False

2. substantial performance breach → if you have incomplete, but substantial performance

   True        False

3. material breach of contract → a contract that is grossly unfair and one-sided and one person is taking advantage of the situation

   True        False

4. lapse of time → when the stated time expires without acceptance and the offer is terminated. if no time period is stated in an offer, then the time period is a reasonable time under the circumstances

   True        False

5. contractual capacity → if you have complete performance:

   True        False