5 Written questions
5 Matching questions
- Apparent Authority
- Unilateral Mistake
- Violation of Statutes
- Assumption of Risk
- a voluntarily and knowingly subjecting oneself to danger
- b a mistake that is made by only one of the parties to the agreement
- c The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.
- d Plaintiff assumes the risk when defendants negligence consists of a violation of statute. i.e. Guest knowingly rides in a car with no headlights at night
- e A cause and effect relationship in which one variable controls the changes in another variable.
5 Multiple choice questions
- The obligation to present evidence to support one's claim
- aka meeting of the minds or intent to contract. Requires both offer and acceptance
- In some cases, if a project is not bid under a guaranteed amount by the designer, the fees will be reduced or eliminated
- Contract clause stating that both parties agree that the terms written in the contract constitute the entire and final agreement.
- The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence.
5 True/False questions
Non-Culpable → promise of reimbursement in the case of loss
Specific Performance → completion of an agreement as promised
Interpretation Against Drafter → a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts)
Limits on Recovery → Damages must have been mitigated, be measureable with reasonable certainty, be foreseeable and be caused be the breach
Mirror Image Rule → means that the terms stated in the acceptance must exactly mirror or match the terms of the offer