chapter 9 Flashcards
Article 2 of the Uniform Commercial Code applies to all contracts for the sale of goods.
True or false?
true
In a contract involving elements of both goods and services, a court will determine whether Article 2 of the Uniform Commercial Code (UCC) applies by:
Multiple Choice
applying the strict scrutiny test to the contract.
asking if the contract is barred by public policy.
applying the intermediate scrutiny test to the contract.
asking which element predominates in the contract.
asking which element predominates in the contract.
Which of the following is false regarding the CISG?
Multiple Choice
The CISG applies only to commercial sales of goods.
The CISG applies in all countries.
The CISG generally requires that acceptance be a mirror image of the offer.
All parties must be merchants under the CISG.
The CISG applies in all countries.
Not all agreements are contracts.
true or false
true
Amy owns “We Mow Yards.” One of her employees, Sam, mistakenly mows the yard of Alice instead of the yard of customer Will, who was Alice’s neighbor. Alice was home at the time, saw what was going on, but said nothing. Does Alice owe anything to Amy, and if so, why?
Multiple Choice
Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under a quasi contract theory.
Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under the theory of promissory estoppel.
Alice owes Amy whatever the contract amount was that Amy had with Will under a quasi contract theory.
Alice owes Amy whatever the contract amount was that Amy had with Will under the theory of promissory estoppel.
Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under a quasi contract theory.
Tangible, movable personal property is/are:
Multiple Choice
Services
Land
Goods
Securities
Goods
Article 2 of the UCC applies to the sale of goods.
true or false
true
If Alfredo, a minor, buys a used car from “Good Carma” Used Cars, the parties have a void contract.
true or false
false
A contract where all of the parties have performed their duties under the contract is:
Multiple Choice
Executed
Express
Implied
Executory
Executed
Contracts for the sale of real estate must be in writing to be enforceable.
true or false
true
The contracts students enter into with a bookstore to buy books are governed by the U.C.C.
true or false
true
Sandy owns a sandwich shop and offers a free sandwich to any customer who shows receipts for the purchase of ten sandwiches. Ben shows the required receipts and requests a free sandwich. Sandy agrees and provides him with a sandwich. This is an example of what type of contract, if any?
Multiple Choice
A bilateral, executory contract
A bilateral, executed contract
A unilateral, executed contract
This type of transaction does not involve a contract.
A unilateral, executed contract
Written evidence of some kinds of contracts is required.
true or false
true
All promises are contracts.
true or false
false
A promise for performance is known as a:
Multiple Choice
Bilateral contract
Express contract
Implied contract
Unilateral contract
Unilateral contract
A legal fiction created by courts to avoid an injustice is known as a(n):
Multiple Choice
Quasi contract
Voidable contract
Implied contract
Express contract
Quasi contract
An agreement to steal a car is a voidable contract.
true or false
false
Jose’s vehicle breaks down along a major highway blocking the road. Another motorist called a tow truck driver, Bob, who towed the vehicle to the nearest garage. Jose accepted the services of Bob, and there was no discussion regarding payment. Two weeks later Jose received a bill from the tow truck company for $80, the fair value of the tow. Which of the following statements is true?
Multiple Choice
Tow truck drivers and other types of vehicles used in emergencies are required by law to render assistance when necessary and may not request compensation.
An implied contract was formed, and Jose must pay the bill assuming the amount represents the reasonable value of the services received.
Jose did not call Bob, never agreed to pay for the tow, and does not have to pay the bill.
Because an express contract was formed, Jose must pay the bill.
An implied contract was formed, and Jose must pay the bill assuming the amount represents the reasonable value of the services received.
A contract is an ethical obligation not enforceable by a court.
true or false
false
Upon winning the lottery, Lillian orally promised $3 million to the local parks department to construct a new playground. The total cost of the playground is $5 million so the parks department launched a huge fundraiser to get the additional $2 million. After months of work, the parks department had raised the additional funds and requested the $3 million from Lillian. Lillian informed the parks department that she had changed her mind and was no longer willing to donate the money. Under which of the following should the parks department file suit?
Multiple Choice
Breach of quasi-contract
The parks department has no grounds for suit.
Promissory Estoppel
Breach of contract
Promissory Estoppel
