Exam 3 - Review Q's Flashcards
Brown’s car broke down and he called AA Towing, Inc., to tow it from its location to a repair show. There is no discussion of a price, and Brown and AA do not sign any documents. After the tow, AA sends Brown a bill. With respect to Brown’s obligation to pay the bill, this:
a) an express contract
b) an implied-in-fact contract
c) an implied-in-law contract
d) no contract
b) an express contract
Under the mailbox rule, an acceptance is valid when received. T/F
False
Bobby offers to sell his Harley motorcycle for $5,000 to Charlie. Comparing to the prices for similar Harleys, Charlie says, “I won’t pay more than $3,000.” Bobby says, “No way, man.” Bobby’s offer was terminated by:
a) Charlie
b) Harley
c) Bobby
d) Bobby’s offer is still open
a) Charlie
An invitation to submit bibs for a construction project is an offer. T/F
False
If there is a statute that prohibits a certain action, a contract to do it is unenforceable. T/F
True
Max Shephard agrees to sell his pet store to Lacy. As part of the sale, Max promises never to open a similar, competing store anywhere. Max’s promise is most likely:
a) invalid because it is part of a sale of an existing business
b) valid because Jon and lacy apparently have the capacity to contract
c) valid because it is part of a sale of an existing business
d) invalid because of the unreasonable terms of area and time restrictions
d) invalid because of the unreasonable terms of area and time restrictions
A court adjudicates Billy mentally incompetent and appoints Grace to be his guardian. Later, without Grace’s knowledge, Billy signs a contract to sell his farm to Sheldon for its market value. The contract is:
a) void
b) enforceable if Billy knew the market value of the farm
c) enforceable if Billy was the legal owner of the farm
d) enforceable if Billy understood the consequences
a) void
Hank’s Elevator, Inc. and Crops Co., enter into a contract for Crops to transport a silo of soybeans for which Hank’s agrees to pay. When Crops’s schedule conflicts, the firm contacts RediTransport Company, to which Crops “assigns all rights under the contract.” This transfer is:
a) a delegation only
b) an assignment only
c) an assignment and a delegation
d) neither an assignment nor a delegation
c) an assignment and a delegation
Bell, Inc. offers to sell a retail store to Horizon Company. Horizon says that it will pay Bell $500 to hold the offer open for five business days. This:
a) creates a counteroffer
b) makes the offer irrevocable for five days if Bell accepts
c) negates Bell’s offer by changing the price term
d) voids Bell’s offer by extending the time term
b) makes the offer irrevocable for five days if Bell accepts
Beachtime Pools, Inc., agrees to build a swimming pool for Candy, but fails to build it according to the contract specifications. Candy hires Do-We Fix-It Company to finish the project. Candy may recover from Beachtime:
a) the contract price less costs of materials and labor
b) the contract price
c) the costs needed to complete construction
d) profits plus the costs incurred up to the time of the breach
c) the costs needed to complete construction
Mikayla enters into a contract with Logan to provide surface material for Mikayla’s tennis courts by April 1 for a tournament to begin May 1. The contract specifies an amount to be paid if the contract is breached. This is a liquidated damages clause if the amount is:
a) an excessive estimate of the loss on a breach
b) a reasonable estimate of the loss on a breach
c) designed to penalize the breaching party
d) intended to quickly provide cash to the non-breaching party
b) a reasonable estimate of the loss on a breach
Jingles and Bells, Inc. and Celina, Inc., sign a document that states JINGLES AND BELLS, INC. agrees to write ad jingles for Celina, Inc. and Celina, Inc. agrees to pay JINGLES AND BELLS, INC. for the service. JINGLES AND BELLS, INC. and Celina, Inc. have:
a) an express contract
b) an executed contract
c) an implied-in-law contract
d) a quasi contract
a) an express contract
Tom enters into a contract with Gerry to provide Tom with a marketing plan for Tom’s business. If Gerry breaches the contract, Tom has a duty to:
a) reduce the damages that Tom might otherwise suffer
b) reduce the loss that Gerry might otherwise suffer
c) punish Gerry and deter others from similar acts
d) take no action
a) reduce the damages that Tom might otherwise suffer
Misrepresentation of an opinion is an element of fraud. T/F
False
A promise to do something that one has a prior legal duty to do is not consideration. T/F
True
Krane contracts to work exclusively for Best Company form November 1 to December 31 for $12,000. On October 30, Best cancels the contract. Krane finds another job for November and December but earns only $10,000. Krane files a suit against Best. As compensatory damages, Krane can recover:
a) $2000
b) $12,000
c) $10,000
d) none of the above
a) $2000