Chapter 12 Flashcards

1
Q

An invitation to treat is

A

Request of offers

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2
Q

What is a promise

A

Offer

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3
Q

Which one of the following about the revocation of an offer is true

A

Unless consideration is paid to keep an offer open for specific time revocation will be made at any time prior to acceptance

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4
Q

Which of the following statements is true with respect to common law duress

A

Finding of a common law address will result in the contract being voidable by the party that was robbed of free will to contract

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5
Q

Garfield a trading service representative was the listing and selling representative with respect to sale of Madison’s house to Tyler. After the sale Tyler discovered that the main and lower floors of the house Sloat. Garfield Madison and Tyler had not noticed this before although they do you fax was discoverable using ordinary deal diligent. Based on above which of the following statements is true

A

Neither Garfield or miles an hour liable to Tyler for failing to bring the defect to Tyler’s attention

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6
Q

Remedies
Common law

damages

breach of contract - The injured party does have a duty to mitigate damages keep losses at minimum

A

Equitable law cannot be given if damages are awarded

Specific performances - unique properties

Injunction- It can start from doing something selling the property to someone

Mandatory injunction - required to do something

Quantum Merit- the law implies a promise to pay reasonable

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7
Q

Which of the following statement is true with respect to damages for breach of contract

A

Common law damages can only be awarded for the breach of conditions

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8
Q

Which of the following statement is true with respect to the assignment of a contract

A

Do you to the fact the assignment is an exception to the doctrine of privity of contract to sign each despite not being an original party to the contract can enforce a properly assigned contract as if he was the original party to the contract

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9
Q

A subject to clause in a contract purchase and sale is correctly known as

A

Condition Precedent

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10
Q

And May 3 Mary offers to buy Harvey’s house and the offer was open for acceptance until 2 o’clock on May 4 which of the following is faults

A

Mary’s offers represents an option agreement

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11
Q

John makes the following offer to Mary I will pay you $500 to put a new roae bed in my garden. If she accepts what is the result

A

And a forceful contract has been formed if an intention to create a legal relationship exists

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