Contract Flashcards
- Which of the following is not a required element of a contract?
a. Legality
b. Consideration
c. Legal capacity
d. A writing
d. A writing
Offer 청약
Acceptance 승낙
Consideration
No Defense 항변사유
Oral, Conduct로도 가능
- When a client accepts the services of an accountant without an agreement concerning payment, the result is
a. An implied-in-fact contract.
b. An implied-in-law contract.
c. An express contract.
d. No contract.
a. An implied-in-fact contract.
부동산
상품매매
Service 계약
언젠가 Consideration 줄 것임
- Which of the following represents the basic distinction between a bilateral contract and a unilateral contract?
a. Specific performance is available if the contract is unilateral but not if it is bilateral.
b. Only one promise is involved if the contract is unilateral, but two are involved if it is bilateral.
c. The statute of frauds applies to a bilateral contract but not to a unilateral contract.
d. Rights under a bilateral contract are assignable, whereas rights under a unilateral contract are not assignable.
b. Only one promise is involved if the contract is unilateral, but two are
a bilateral contract and a unilateral contract
a. Specific performance is available if the contract is unilateral but not if it is bilateral.
Specific performance-remedies
원래 계약 내용 그대로 이행하여라
서비스 계약에서는 인정 안함
- On September 10, Harrin, Inc., a new car dealer, placed a newspaper advertisement stating that Harrin would sell 10 cars at its showroom for a special discount only on September 12, 13, and 14. On September 12, King called Harrin and expressed an interest in buying one of the advertised cars. King was told that five of the cars had been sold and that King should come to the showroom as soon as possible. On September 13, Harrin made a televised announcement that the sale would end at 10:00 p.m. that night. King went to Harrin’s showroom on September 14 and demanded the right to buy a car at the special discount. Harrin had sold the 10 cars and refused King’s demand. King sued Harrin for breach of contract. Harrin’s best defense to King’s suit would be that Harrin’s
a. Offer was unenforceable.
b. Advertisement was not an offer.
c. Television announcement revoked the offer.
d. Offer had not been accepted.
b. Advertisement was not an offer.
newspaper advertisement
청약의 유도
invitation to offer 청약 아니다
Offer 청약
- Ann Mayer wrote Tom Jackson and offered to sell Jackson a building for $200,000. The offer stated it would expire 30 days from July 1. Mayer changed her mind and does not wish to be bound by the offer. If a legal dispute arises between the parties regarding whether there has been a valid acceptance of the offer, which of the following is true?
a. The offer cannot be legally withdrawn for the stated period of time.
b. The offer will not expire prior to the 30 days even if Mayer sells the property to a third person and notifies Jackson.
c. If Jackson phoned Mayer on August 1 and unequivocally accepted the offer, a contract would be formed, provided Jackson had no notice of withdrawal of the offer.
d. If Jackson categorically rejects the offer on July 10, Jackson cannot validly accept within the remaining stated period of time.
d. If Jackson categorically rejects the offer on July 10, Jackson cannot validly accept within the remaining stated period of time.
사는 사람이 reject
그 시간에 acceptance 불가능
청약의 효력이 사라짐
나중에 마음 바뀌면 new offer가 된다 buyer의 입장
Contract
Offer
prior to acceptance 까지
취소 가능
a. 취소할 수 없는 계약
option,
- Kay, an art collector, promised Hammer, an art student, that if Hammer could obtain certain rare artifacts within 2 weeks, Kay would pay for Hammer’s postgraduate education. At considerable effort and expense, Hammer obtained the specified artifacts within the 2-week period. When Hammer requested payment, Kay refused. Kay claimed that there was no consideration for the promise. Hammer would prevail against Kay based on
a. Unilateral contract.
b. Unjust enrichment.
c. Public policy.
d. Quasi-contract.
a. Unilateral contract.
다 가져다 줘야지만
b. Unjust enrichment. 부당이득
d. Quasi-contract. 준 계약
같은 말이다
본의 아니게 득을 얻은 경우
90퍼 집 지은 후
B가 나머지 10%를 완성하지 못할 때 일방 계약인 경우 acceptance 없음
이경우 A는 부당 이득, 계약에 준하는 것으로 본다
c. Public policy. 공공 정책
할아버지
불로초 구해달라
가져오기 전에 죽음
- On February 12, Harris sent Fresno a written offer to purchase Fresno’s land. The offer included the following provision: “Acceptance of this offer must be by registered or certified mail, received by Harris no later than February 18 by 5:00 p.m. CST.” On February 18, Fresno sent Harris a letter accepting the offer by private overnight delivery service. Harris received the letter on February 19. Which of the following statements is true?
a. A contract was formed on February 19.
b. Fresno’s letter constituted a counteroffer.
c. Fresno’s use of the overnight delivery service was an effective form of acceptance.
d. A contract was formed on February 18 regardless of when Harris actually received Fresno’s letter
b. Fresno’s letter constituted a counteroffer.
반대 청약
원래의 것이 없어지고
new offer가 되는 것
Land=contract
취접승발
acceptance는
유효하다 18일에 발송
Acceptance of this offer must be by registered or certified mail,
등기 우편으로 보내라
by 5:00
by private overnight delivery service.
- Opal offered, in writing, to sell Larkin a parcel of land for $300,000. If Opal dies, the offer will
a. Terminate prior to Larkin’s acceptance only if Larkin received notice of Opal’s death.
b. Remain open for a reasonable period of time after Opal’s death.
c. Automatically terminate despite Larkin’s prior acceptance.
d. Automatically terminate prior to Larkin’s acceptance.
d. Automatically terminate prior to Larkin’s acceptance.
통지 필요 없음
- On April 1, Fine Corp. faxed Moss an offer to purchase Moss’s warehouse for $500,000. The offer stated that it would remain open only until April 4 and that acceptance must be received to be effective. Moss sent an acceptance on April 4 by overnight mail and Fine received it on April 5. Which of the following statements is true?
a. No contract was formed because Moss sent the acceptance by an unauthorized method.
b. No contract was formed because Fine received Moss’s acceptance after April 4.
c. A contract was formed when Moss sent the acceptance.
d. A contract was formed when Fine received Moss’s acceptance.
b. No contract was formed because Fine received Moss’s acceptance after April 4.
open only until April 4
->April 4 by overnight mail
received it on April 5.
취접 승발 예외, 조건 붙었을 때
- Which of the following agreements is unenforceable because of indefiniteness?
a. The seller agrees to supply all of the buyer’s requirements for tents for the next year.
b. The buyer agrees to purchase all of the seller’s output of cotton in the next season.
c. The buyer agrees to purchase all of the seller’s output of ice cream and to deal exclusively in the seller’s goods.
d. The seller agrees to supply a quantity of pears dependent upon the buyer’s will.
d. The seller agrees to supply a quantity of pears dependent upon the buyer’s will.
불확실하기 때문에 강제 할 수 없음 requirement가 아니기 때문에
requirements
수요자가 원하는 대로 다 팔겠다 seller입장
output
공급자가 만드는 것 다 사겠다
유효한 계약
유효한 계약
- The president of Deal Corp. wrote to Boyd, offering to sell the Deal factory for $300,000. The offer was sent by Deal on June 5 and was received by Boyd on June 9. The offer stated that it would remain open until December 20. The offer
a. Constitutes an enforceable option.
b. May be revoked by Deal any time prior to Boyd’s acceptance.
c. Is a firm offer under the UCC but will be irrevocable for only 3 months.
d. Is a firm offer under the UCC because it is in writing.
b. May be revoked by Deal any time prior to Boyd’s acceptance
- An offer is not terminated by operation of law solely because the
a. Offeror dies.
b. Offeree is adjudicated insane.
c. Subject matter is destroyed.
d. Subject matter is sold to a third party.
d. Subject matter is sold to a third party.
- For there to be consideration for a contract, there must be
a. A bargained-for detriment to the promisor(ee) or a benefit to the promisee(or).
b. A manifestation of mutual assent.
c. Genuineness of assent.
d. Substantially equal economic benefits to both parties.
a. A bargained-for detriment to the promisor(ee) or a benefit to the promisee(or).
거래된 법적 손해
- Andrea Grove is seeking to avoid performing a promise to pay James Brook $1,500. Grove is relying on lack of consideration on Brook’s part. Grove will prevail if she can establish that
a. Prior to Grove’s promise, Brook had already performed the requested act.
b. Brook’s only claim of consideration was the relinquishment of a legal right.
c. Brook’s asserted consideration is only worth $400.
d. The consideration to be performed by Brook will be performed by a third party.
a. Prior to Grove’s promise, Brook had already performed the requested act.
Past consideration
consideration 아니다
거래된 것이 아니다
Gift이다
- Joe Minorca purchased a motorcycle from Big Rig Company on May 1. Joe’s birthday is June 17, at which time he will have attained his majority. Which of the following actions is ineffective as a ratification of the contract of purchase?
a. On June 21, Joe gave the property to his sister.
b. On June 20, Joe made an oral promise to honor the contract.
c. On June 16, Joe remitted an installment payment.
d. As of November 17, Joe was still using the vehicle.
c. On June 16, Joe remitted an installment payment.
성인이 안 되었음
ratification
미성년자 계약 유효하게 여김
추인
made an oral promise to honor the contract.
유지하겠다
