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5 Written questions

5 Matching questions

  1. Unilateral Contract
  2. Pre-existing Duty Rule
  3. Promissory Estoppel (Detrimental Reliance)
  4. Substantial Performance
  5. Non-merchant Status
  1. a Contracts where there is a promise in exchange for an act
  2. b Should be excused; compare the quality of the original performance and the actual performance for quality and intentional harm or negligence
  3. c Does not fit the merchant status
  4. d Where there is pre-existing duty, there is no consideration - Gives rise to a situation where one is already under a prior obligation to act, before the contract was made
  5. e Where the promisor makes a promise to the promisee, and the promise has been detrimentally relied upon, it would create an undue burden not to fulfill such a promise

5 Multiple choice questions

  1. The contract has only been fulfilled by one party
  2. S: Sufficient Memorandum
    P: Partial Performance
    M: Main Purpose Doctrine
    F:Full Performance
    R: Receipt of the Goods or Funds
  3. A contract that substantially prefers one party over the other
  4. R: Rejection
    R: Revocation
    D: Death of the parties
    L: Lapse of time
    D: Destruction of the subject matter
    S: Sanity
  5. A merchant offers another to keep an offer open for a state period of time, not to exceed 3 months or 90 days, and no consideration is needed

5 True/False questions

  1. Subsequent1. Of law
    2. Of fact


  2. Full PerformanceFull performance; discharged of obligations


  3. Ways to destroy an offerRRDLDS and Insanity


  4. Equal Dignities RuleWhatever you had to do to address the validity of the underlying contract, you must also do for future changes (waiver, modification, etc.)


  5. PrecedentThe party to whom the offer has been made