Exam 2 (legl 3000) part 1 Flashcards
memorize the chapter 2 exam from bartholemew
Bo signs a lease with Capri Apartments to lease a studio apartment for the next year for $650 per month. Daisy signs on Capri’s behalf. Bo and Capri have
an
express contract
Bruce, a minor, enters into a contract with Coralee to buy her car. Later, Bruce opts to avoid the deal. With respect to the contract, this releases
both parties
Downwind Winery, LLC, and eBusiness Solutions, Inc., enter an express contract for eBusiness to develop and implement an online marketing plan for Downwind’s enterprise. In interpreting the contract, a court will most likely give the most weight to
When evaluating contracts, Courts will look at the EXPRESS language of the contract and the plain meaning of the contract, not the parties’ subjective intentions. (Not course of performance)
Durham offers to sell his pick-up truck to Estelle for $1,500. Estelle agrees. They complete and sign a printed form titled “Contract,” and Estelle gives Durham a check for the price. This check is a
a formal contract
Following negotiations with Gourmet Restaurant, Herb enters into an informal contract to park Gourmet’s customers’ cars. This means that the parties’ contract
requires no special form (this is an informal contract)
Ethan believes that he and Fiorina agreed that he would find the best location for a well on her ranch and then dig the well. In a later dispute, whether a contract was formed can be determined by
what the party agreed they intended
Francisca and Garden Estate, Inc., enter into a contract for the use of a Victorian mansion and its grounds for a wedding and reception. If ambiguities appear in the contract, they will be construed against the party that
drafted the contract
Home & Barn Construction, Inc., contracts with Idyll Farms to build a new dairy barn on Idyll’s property for which Idyll agrees to pay. The elements of this, and any other, contract include
consideration
Jana, a nurse practitioner, renders aid to Kruz, who is injured and unconscious. Jana can recover the cost of the aid from Kruz
as if parties entered into an actual contract
Jerome enters into a contract with Kate’s Catering Service for the delivery and serving of hors d’oeuvre, dinner, and dessert at a regional accountancy conference. In a later dispute between these parties over the service, the doctrine of quasi contract cannot be used because
there is an actual contract covering the matter in controversy.
Lamar offers to pay Melanie $150 for a hot-air balloon ride for Nina. They agree to meet at dawn the next day to exchange the cash for the ride. At this point, these parties have
a
bilateral contract
Leilani enters into a contract with Metro Taxi Company to work as a cabdriver. Under the plain meaning rule, if the contract’s writing is clear and unequivocal, the meaning of the terms must be determined from
the face of the instrument
Lucy agrees to work for Mung Manufacturing, Ltd., as a Chinese/ English/ French translator. In determining whether a contract has been formed, an element of prime importance is
the parties intent
Omar asserts that a deal he entered into with Patty to sponsor and host a motivational conference for independent sales representatives is an unenforceable contract. Defenses to the enforcement of a contract include
the lack of voluntary consent
On behalf of the gaming consortium Minderbender, Nerville agrees to design, develop, and deliver a game to Octave Games, Inc. Acting for Octave, Phoung sends a written copy of the agreement to Nerville to be signed. Typically, businesspersons put their contracts in writing to
to ensure proof of the contracts existance
On Monday, O’Shea tells Patterson that she will pay Patterson $1,000 if O-Shea’s bill processing and office filing are completed by Friday. On Wednesday, when Patterson has finished more than half of the work, O’Shea says that she has changed his mind. Under the modern-day view, these parties had
a bilateral contract when O’Shea offered to pay for the work.
Randy promises to give Stewart her iPod in exchange for Stewart’s promise to pay Randy $50. This bilateral contract was created when
stewart promised to pay Randy $50
Rough Water Fishing Trips, LLC, and Schafer enter into a contract for the delivery of a used freshwater fishing boat. Until the goods are delivered and paid for, these parties have
An executory contract
Vita asks Walter, a man who makes and sells shoes, to repair a pair of work boots. There is no discussion of a price, and Vita and Walter do not sign any documents. After the repair, Walter hands Vita a bill. With respect to Vita’s obligation to pay the bill, this is
an express contract
When a rainstorm erupts outside Rita’s Souvenir & Gift Shop, Rita and Shaw enter into an implied contract to split the revenue from Shaw’s sale of umbrellas to Rita’s customers. The terms of this contract are defined by
thee conduct of the parties
An ad on the NewsNow Web site asks viewers to “send us your story and we might share it with the world.” Onyx submits a manuscript, adding, “I accept your offer.” Between NewsNow and Onyx, there is
no contract
Bret buys a subscription to the catalog of music provided by Concerto, an online music vendor. Before accessing the catalog, Bret must agree to a provision stating that she will not make and sell copies of the music. This provision is
a click on agreement
Deluxe Awnings, Inc., offers Elbert a job as an installer. No time for acceptance is specified in the offer. The offer will terminate
a reasonable time period
Dewey asks Ember, “Do you want to buy my bike?” This is
not a valid offer because the terms are not definite
Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The parties to the shrink-wrap agreement are
Due on Receipt and Greta only.
Fabien offers to sell his Graphic Signs, LLC, business to Hana for $100,000. Hana replies, “The price is too high. I will buy it for $75,000.” Hana has
rejected the offer and made a counteroffer
Green River Gas Company offers to sell Far East Energy, Ltd., a certain quantity of liquefied natural gas. If Far East sends an acceptance via Green River’s authorized mode of communication, it will be effective when it is
sent
Iggy tells Jade, “I might sell the snowboard that I bought this winter since I haven’t used it and the season is almost over.” This is
a statement of future intent
Isla’s Morsels offers to cater Jimmy’s Jars & Packaging, Inc.’s business meetings. Jimmy’s rejects the offer. The offer is
terminated
Kelby enters into a contract with Lara on a social media network to buy her stock in Mobile Devices Corporation. Neither party prints out a hard copy. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), this contract can
not be “denied legal effect” solely because it is in electronic form.
Moby negotiates a contract with Nora via e-mail. It is reasonable to infer that Moby has consented to
transact business electronically
