Exam 2 (legl 3000) part 2 Flashcards
memorize the terms on bartholemews quizlet
On behalf of Bobble Head Manufacturing Company, Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company. Under the UETA, Carmela’s typed name qualifies as
a “signature”
Orb, Inc., does business online around the globe. The United Nations Convention on the Use of Electronic Communications in International Contracts and other international agreements improve global commercial certainty by
all of the choices.
- providing that e-signatures are the equivalent of signatures on paper.
- determining an Internet user’s location for legal purposes.
- providing for the recognition of judgments by other nations’ courts.
Pacific Charter Company offers to provide an air-conditioned bus to Quincy’s tour group for $1,500 plus the cost of the fuel. The mailbox rule applies if Quincy accepts the offer by
regular mail
Pads & Pods Corporation makes tablets, each of which is packaged with a shrink-wrap agreement. Reba buys a Pads & Pods tablet. The terms of the shrink-wrap agreement are most likely not enforceable if
Reba returns the tablet within the grace period
Quay Trucking Service tells Rafe that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse. Rafe’s acceptance is complete
only after Rafe unloads the truck
Rachel tells Stan that she will sign a contract to retain his services as tech support for one year if the contract includes a clause to extend the term at the same price. Rachel’s intent to sign the contract is determined by reference to her
words and actions
Rafi offers to sell his sailboat, Sea Siren, to Tiara for $50,000. Referring to the prices for similar vessels, Tiara says, “I’ll pay no more than $40,000.” Rafi’s offer is
terminated
Ricci, a user of SmartPhoneApps.com’s Web site, can download apps for free if she first clicks on “I accept” after viewing certain terms. This is
a contract that includes the terms
Using electronic records, Online College Learning, Inc., and Plato University make a deal involving Plato’s course offerings. Under the UETA, a record is considered sent when it
leaves the senders control
Aaron questions whether there is consideration for his contract with Banquet Hall to exchange his musical performance of country tunes at select social events for Banquet’s payment of a certain amount. To constitute consideration, the value of whatever is exchanged must be
legally suficient
A court has not previously judged Ace to be mentally incompetent. Any contract Ace enters into is
voidable if Ace lacks the capacity to comprehend the consequences.
At age seventeen, Mallory enters into a contract with Fit Health Clubs, Inc. Two years later, when Mallory attempts to disaffirm the contract, Fit files a suit against her. The court will most likely consider the contract ratified if it is
executed
Bailey is an accountant who is not licensed to practice her profession in Connecticut. Despite this lack of a license, Bailey enters into a contract with Douglas in Connecticut. This contract is most likely
enforceable only by a third party who is not aware that Bailey is not licensed.
Claudia pledges to donate $10,000 to Disaster Relief & Recovery Inc. (DR&R). On the basis of the pledge, DR&R orders additional supplies. If Claudia does not fulfill the pledge, a court may enforce it
UNDER the doctrine of promissory estoppel.
Digital Enterprise, Inc., promises to pay its employees a year-end bonus “if profits continue to be high and management agrees at the time.” This is
an illusory promise
D’Sean promises to pay his personal assistant Edie $50,000 in consideration of the services she provided over the years. D’Sean never makes the payment. D’Sean’s promise is
not enforceable because the consideration is in the past.
Frisco offers to buy a Gibson guitar owned by Hayden for twice what she paid for it. She accepts and hands the guitar to Frisco. Her delivery of the guitar is
consideration
Intoxicated but fully aware of the consequences, Cory agrees to a two-year service contract with Signal Maintenance, Inc., at more than the average market price. This contract is
not enforceable because Cory was intoxicated when he agreed to it.
John obtains a loan from Liberty Credit Bank at an interest rate that exceeds the state’s maximum. Liberty has
committed usury.
Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is
liable to Niki under the doctrine of promissory estoppel.
On Mitchell’s eighteenth birthday, he decides that he no longer wants to keep a fishing boat he bought from Water Craft, Inc., when he was seventeen. His right to disaffirm the deal will depend on
whether Mitchell acts within a reasonable time period
Fact Pattern 11-1
Teatro Restoration, Inc., begins renovating an old theater for Urban Edge Productions, but after three months Teatro demands an extra $250,000. Urban Edge agrees to pay.
Refer to Fact Pattern 11-1. If Teatro says it is asking for the extra $250,000 because it has encountered extraordinary unforeseen difficulties that will add considerable cost to the project, the agreement is
enforceable because of unforeseen difficulties.
Maya’s motorcycle is damaged in an accident caused by Luc’s negligence. Luc agrees to pay Maya $25,000 if she agrees to release him from further liability. Maya agrees. If her damages ultimately exceed $25,000, she can
not recover the balance
Fact Pattern 11-1
Teatro Restoration, Inc., begins renovating an old theater for Urban Edge Productions, but after three months Teatro demands an extra $250,000. Urban Edge agrees to pay.
Refer to Fact Pattern 11-1. If Teatro says it is asking for the extra $250,000 because ordinary business expenses have increased, the agreement is
unenforceable due to the preexisting duty rule.
Roscoe enters into an illegal bargain with Gilda. Roscoe can enforce the contract or recover for its value if he has been induced to enter into the bargain as a result of
fraud
Rosie, a minor subject to her parents’ care and control, signs a contract to rent a lake cabin from Sinclair for one year. Before the end of the term, Rosie moves out. Sinclair sues for the rent for the rest of the term. Rosie can
disaffirm the contract and avoid liability for the rent.
Serenity, a minor, obtains fruits and vegetables on credit from Virgil at Growers’ Market. Later, Serenity disaffirms the purchase. Serenity owes Virgil
the reasonable value of the goods.
Shannon signs a contract with Tevin, an unlicensed contractor, to build a deck and gazebo at the rear of her house. This contract is enforceable by
no one
Sully signs a contract to borrow $200,000 from Riverside Bank to buy a house. In the contract, Sully agrees to pay a certain rate of interest on the amount of borrowed funds at monthly intervals for thirty years. This debt is
liquidated
