Legal Law Final

170 terms by mallocups 

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A contract is essentially an agreement that creates an obligation.

True

Every contract has only two parties

False

Only the parties who signed the original contract can have rights with respect to that contract

False

A reward offered to the public for the return of lost property is not considered an offer.

False

An offer may be made only to a specific person.

False

An express contract is one in which the agreement is shown by acts and conduct of the parties.

False

The effect of an implied contract is not the same as the effect of an express contract.

False

An agreement that contemplates the performance of an act prohibited by law usually is void

True

An executed contract results from the complete performance by all parties of the contract.

True

A bilateral contract is essentially an exchange of promises

True

A unilateral contract may be described as a promise for an act

True

A contract never can be both executory and unilateral

False

The principle behind the quasi contract is to prevent unjust enrichment.

True

The elements of a contract include all of the following except

an illegal purpose

A party to a contract may be:

all of the above

To have a contract you must have:

both an offer and an acceptance

An implied contract is shown by

acts of the parties

A legally binding agreement that can be rejected at the option of one of the parties is called a(n):

voidable contract

A contract under which one or both parties have not yet fully performed is termed a(n):

executory contract

A bilateral contract consists of a:

promise for a promise

An offer of a reward for the arrest and conviction of a criminal is an example of:

a unilateral contract

The main thrust of the quasi contract is to:

prevent unjust enrichment.

A contract that has been set aside is said to have been

avoided.

The plaintiff in a quasi-contractual action can recover:

the reasonable value of the benefit conferred upon the defendant

To create an offer, an offeror must intend, or it must appear that the offeror intends, to be bound to a contractual relationship.

True

Generally, advertisements, catalog prices, and circulars are offers that can be accepted.

False

A court will do its best to find the intent of parties to an agreement provided that the agreement is not too indefinite

True

A vague contract may be clarified by references in the contract to other documents or agreements

True

An agreement cannot be enforced if it does not set forth every detail.

False

Contract terms may not be implied from conduct

False

A term of a written contract that is too vague to have a definite meaning sometimes may be ignored

True

A person returning lost property without knowing that a reward was offered cannot sue the owner for the reward.

True

Offers, acceptances of offers, and revocations of offers are all effective when mailed in a properly addressed envelope bearing the proper amount of postage

False

An option is itself a contract to refrain from revoking an offer.

True

A firm offer cannot be revoked.

True

Counteroffers are limited to offers that directly contradict the original offer

False

In most cases, an offeree may ignore any offer.

True

An acceptance must be absolute and unconditional

True

Acceptance of an offer to form a unilateral contract need not be communicated to the offeror to be effective.

True

A properly mailed acceptance takes effect when mailed, even if it never is received by the offeror.

True

The willingness of an offeror to enter into a contractual agreement regarding a particular subject is expressed by a(n):

Offer

If not an offer, the first statement made by one of two persons is most properly termed a(n):

invitation to negotiate

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:

no contract was formed because the customer's offer was refused

If an offeree accepts an offer before it is effectively revoked

a valid contract is formed

A binding promise to keep an offer open for a stated period of time or until a specified date is called a(n):

option contract

A counteroffer is a(n):

rejection of the original offer

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?

B's counteroffer of $135 terminated A's offer of $100

If no termination date is specified for an offer, the offer will remain open:

for a reasonable time

A young woman received an unordered diamond ring in the mail along with a bill for $850. She called the store and was told it was a sales promotion and she should pay for the ring or return it. She said, "Thank you for the free ring." The young woman kept the ring, did not pay, and was sued. Result?

The young woman may keep the ring without liability

At an auction sale, each bid is:

An offer

Certain persons cannot make contracts that will bind them.

True

Ordinarily, every party to a contract is presumed to have contractual capacity until the contrary is shown

True

Generally, when a person of legal age makes a contract with a minor, the contract is voidable by either party

False

If any party to a contract does not have contractual capacity, the contract is either voidable or void

True

Once a contract has been affirmed, it no longer can be avoided

True

When a minor avoids contracts, the minor always must return the other contracting parties to their original financial positions

False

Parents are liable for contracts signed by their minor children if the terms are reasonable.

False

A contract made by an incompetent person after a guardian has been appointed is voidable.

False

The appointment of a guardian for an insane person does not avoid a contract made by the person the day before the guardian was appointed

True

A person who has drunk too much alcohol at a party and signs a contract may be able to rescind that contract

True

A unilateral mistake regarding expectations or the law does not have any effect on a contract

True

Fraud requires that the plaintiff intend to deceive.

True

A fraudulent statement has no effect unless relied upon

True

Increasingly, parties to a contract are being required to disclose defects or conditions that are unknown to and not obvious to the other party

True

There is a growing trend to treat fine print as not binding on the injured party without regard to whether fraud was involved.
Answer

True

A claim of undue influence will be unsuccessful unless the contracting parties have a close relationship of trust.

True

Contractual capacity is the ability to:

understand that a contract is being made and to understand its general nature

The key time for determining whether a party lacked contractual capacity is:

the time the contract was made

The maximum amount of time that a minor has to disaffirm a contract is

a reasonable period of time after reaching the legal age.

A minor cannot avoid a contract to purchase a car if the:

minor is able to return the car but does not do so.

A minor cannot avoid a contract that has been

ratified

When a minor avoids a contract to purchase a car:

a relative who cosigned the contract is liable for the purchase price.

A person lacks contractual capacity if:

because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences

A person unable to read is bound by signing a paper without obtaining an explanation of it, unless:

the other contracting party knows of the signer's disability

All of the following statements refer to an element of fraud except:

the defendant desired to obtain a financial benefit

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:

ordinarily has not occurred.

An apparently voluntary agreement may in fact not be voluntary if:
Answer

all of the above

In a bilateral contract, which is an exchange of promises, each promise is consideration for the other promise.

True

Consideration always must be an act or the promise to perform an act

False

One promise may serve as consideration for many return promises

True

A promise to make a gift is enforceable

False

True consideration occurs only when the value of one promise is equal to the value of the promise given by the other party

False

Forbearance may constitute consideration

True

A promise by a coat factory to pay $0.25 per button for any buttons that it orders from the ABC Button Company constitutes consideration

False

A binding contract cannot contain a cancellation provision.

False

If a merchant receives and cashes a check for partial payment of a debt and the check bears the notation that the amount is in full payment of a disputed sum, the total debt is released

True

Sara Student wished to pay off her $5,000 student loan. If she sends in a check for $3,000 and the creditor cashes the check, the debt will be fully satisfied provided the check is marked "paid in full"

False

In a composition of creditors, the various creditors of a single debtor mutually agree to accept a fractional part of their claims in full satisfaction thereof

True

Past benefits already received by a promisor cannot be consideration for a later promise.

True

A promise to make a contribution to a church is binding even though the promisor does not receive anything for the promise.

True

Consideration is

what is demanded by the promisor as the price for the promise

In a unilateral contract, the consideration for the promise is:

the doing of the act called for by the promisor

In a unilateral contract, the doing of a requested act is also the

acceptance of the offer of the promisor

When there is no consideration for a promise, the agreement is

not binding

Inadequacy of consideration may be evidence of:

all of the above

Which of the following can be consideration for a promise?

refraining from smoking cigarettes

A contract in which one party agrees to purchase goods from another contingent upon the purchaser's ability to locate suitable financing is said to

contain a conditional promise

Ordinarily, a promise to perform an existing legal obligation is:

not consideration

Consideration no longer is required in a number of situations including

all of the above

Which of the following is not a necessary element of promissory estoppel?

a bargained-for exchange

An agreement is illegal when either its formation or performance is a crime or a tort, or it is contrary to public policy.

True

It generally is incorrect to use the phrase "illegal contract" because, if an agreement is illegal, the courts do not recognize it as a contract and the agreement is void.

True

Even if part of a contract is illegal, the court may enforce a divisible, legal part of the contract

True

If a contract can be interpreted in two ways, one legal and the other illegal, the court will assume that the legal meaning was intended unless the contrary is clearly indicated.

True

An agreement to sell hammers and screwdrivers to a buyer who intends to use them as burglar's tools is void if the intention of the buyer is known to the seller.

False

In the case of merchant sellers, good faith is defined as "honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade."

True

Ordinarily, a court will not consider whether a contract is fair or unfair

True

Unconscionability and fraud are synonymous terms.

False

When a nationally known neurosurgeon in Chicago, Illinois, sells her practice, the contract may specify that the seller will not practice within a 100-mile radius of Chicago for one year.

True

A charge added to the unpaid balance due on a revolving charge account generally is not subject to the law of usury.

True

Agreements that are illegal are:

void

A provision in a contract which is illegal

will be ignored by the parties if the remaining portions of the contract can stand on their own.

A contract that is deemed to be too harsh or oppressive to one of the contractual parties may be unenforceable under the concept of:

unconscionability

Today, what is an important element in determining the validity of a contract?

social consequence of a contract

Private lotteries, which generally are held to be illegal, involve three elements:

prize, chance, and consideration

Which of the following is not illegal?

a "giveaway" to every tenth person entering a department store

The failure to have a license will not render agreements void if the license:

is readily obtainable by payment of a fee.

When money is loaned at a greater rate of interest than is allowed by law, ____ is committed

usury

A father's oral promise to his daughter and her fiancée made in consideration of their contemplated marriage is binding when made in the course of a serious discussion.

False

A contract for the sale of goods with a price of $500 or more requires written proof to be enforceable

True

A signed letter from an employer setting forth details of an oral contract of employment satisfies the statute of frauds

True

An insurance company cannot refuse to pay the fire loss of the buyer of a house on the grounds that the sales contract for the house was not binding because it was not properly signed.

True

The parol evidence rule generally excludes words spoken before or at the time a written contract was executed from contradicting the terms of the contract.
Answer

True

The parol evidence rule is based on the theory that either there never was an oral agreement or, if there was, the parties purposely abandoned it when they executed their written contract.

True

The parol evidence rule does not apply to changes made after the signing of the contract.

True

Details of performance of a contract not expressly stated in a contract often will be implied by the court.

True

The past performance of the parties under a continuing contract is important in determining what the contract means

True

Customs and trade usage can override the express provisions of a contract

False

An oral understanding is not binding if:

the parties intended to formalize their understanding with a written agreement.

An oral contract can be enforced when it relates to:

the purchase of a television set for $200.

The standard statute of frauds

requires that a contract for the sale of land be evidenced by a writing

A promise to pay a debt must be in writing if:

the promise is to pay the debt of another

The statute of frauds applies to:

a promise by an executor to pay a claim against the estate out of his or her personal funds.

A writing that satisfies the requirement of a writing under the statute of frauds could be evidenced by

all of the above

The parol evidence rule

applies to complete written contracts

Parol evidence generally is admissible to explain

ambiguous terms

Parol evidence may be admitted to show that a provision was omitted as the result of:

all of the above

Parol evidence may be admissible to

prove the modification or termination of a contract

A contract is created by which the terms are stated to be for consideration in the amount of $3,000. If typewritten in the contract is the term "Four thousand dollars," while the amount of $3,000 is printed within the form:

the contract will be interpreted to be for $4,000.

When an insurance policy is ambiguous, the policy is interpreted

against the insurer

By virtue of an agency, one person can make contracts at numerous places with many different parties at the same time

True

is a relationship by which the principal is authorized to act on behalf of an agent in negotiating and making contracts with third persons

False

An agency may be created to perform almost any act that a principal could lawfully do.

True

to control" test determines whether an individual is an agent, an employee, or an independent contractor.

True

A special agent is authorized by the principal to transact all affairs in connection with a particular type of business or trade or to transact all business at a certain place.

False

A written authorization of agency is called a power of attorney

True

An agent's duties must be expressly stated in the agency agreement and may not be implied from the principal's words or conduct

False

person is authorized by the principal to transact all affairs in connection with a particular type of business or trade or to transact all business at a certain place, that person is a __________ agent

general

The scope of an agent's authority may be determined from the

all of the above.

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