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Law
Q:
Explain any two types of equitable remedies in contract cases with an example each.
Q:
Torts are civil wrongs that arise from contracts.
Q:
Intentional torts involve voluntary acts that harm a protected interest.
Q:
Describe the purpose of the doctrine of promissory estoppel and list the three elements required to prove it in court. Give an example to illustrate the use of a promissory estoppel.
Q:
Explain the term accord and satisfaction and explain how it relates to the discharge of a contract. What are the two ways in which contracts can be discharged by lawful excuses?
Q:
Identify and define any three types of damages that may be available as remedies in law in a contract action and give an example of each.
Q:
_____ is an equitable remedy that permits the court to rewrite a contract where it imperfectly expressed the parties true intentions.
A. Assignment
B. Reformation
C. Injunction
D. Rescission
Q:
A court order that may either require or forbid a party to perform a specified act is a(n) _____.
A. rescission
B. reformation
C. injunction
D. quasi-contract
Q:
What are the features to be exhibited by a legally enforceable contract? Explain how contracts can be discharged on the basis of conditions.
Q:
Explain the difference between a unilateral contract and a bilateral contract and give a concrete example of each. Highlight the different types of contracts that denote the performance and enforceability of a contract.
Q:
Describe some of the elements of a valid offer with examples.
Q:
Explain the three kinds of irrevocable offers with examples.
Q:
Which of the following statements is true of incidental beneficiaries?
A. Often a second party receives benefit from a contract.
B. The benefit received was not the contracting parties primary purpose or intent.
C. The primary purpose in entering a contract is to make a gift to another.
D. The beneficiary can sue the contracting party for payment.
Q:
Jim makes an agreement to play live music at Rustys Tavern every Thursday night. Last Thursday, he had the flu and hence could not go to Rustys. What can be concluded about the agreement with respect to Jims condition?
A. His performance can be excused due to a condition precedent.
B. His performance can be excused due to a condition subsequent.
C. His absence should be penalized because personal service contracts are never excused.
D. His absence should be penalized because there was a nonmaterial breach of contract.
Q:
Identify the clause that specifies that an event must occur before the parties to a contract are obliged to perform.
A. An express conditions clause
B. A conditions concurrent clause
C. A conditions precedent clause
D. An implied conditions clause
Q:
Which of the following statements indicates a material breach of contract?
A. A party falls beneath substantial performance and does not have a lawful excuse for that failure.
B. Complete performance is not achieved because of minor deviations from the agreed-upon performance.
C. Before performance is due, a party indicates by word or deed that she or he will not perform.
D. A party performs the tasks and completes the contract.
Q:
Which of the following statements is true of the conditions concurrent clause?
A. Each performance is independent.
B. It specifies that the parties are to perform their duties at the same time.
C. An event must occur before the parties are obliged to perform.
D. It excuses performance if a future event transpires.
Q:
Which of the following statements is true of implied-in-law conditions?
A. The court imposes these conditions on the contract to avoid unfairness.
B. They are often prefaced by words such as when, if, and provided.
C. They are derived by the court from the conduct of the parties and the circumstances surrounding the bargain.
D. The parties have no binding duties until the specified event occurs.
Q:
When a promisees primary purpose in entering a contract is to make a gift to another, that third party is a(n) _____ of the contract.
A. incidental beneficiary
B. contingent beneficiary
C. creditor beneficiary
D. donee beneficiary
Q:
Intentional untruths constitute _____.
A. misrepresentation
B. falsification
C. fraud
D. mistake
Q:
Which of the following statements is true of consideration?
A. It is the universally accepted legal value that a party agrees to pay to another.
B. It is always settled in terms of tangible goods.
C. It consists of a legal detriment to the promisee that is bargained for by the promisor.
D. It is received by a promisee from a promisor.
Q:
The doctrine of _____ states that a promisor is stopped from denying the existence of a contract where a promisee has detrimentally relied on that promise.
A. ultra vires
B. promissory estoppel
C. substantial performance
D. promissory note
Q:
A person offers a $100 reward to anyone who finds his lost dog. This is an example of a(n) _____ contract.
A. bilateral
B. unilateral
C. express
D. implied-in-fact
Q:
Meg, who is on the lookout for a temporary security officer, approaches a security agency. The agency sends one of its reserve security officers to guard Megs commercial building. Which of the following types of contract does Meg enter into with the security agency?
A. Bilateral contract
B. Implied-in-fact contract
C. Unilateral contract
D. Quasi contract
Q:
A contract is labeled _____ until all parties fully perform.
A. anticipatory
B. executory
C. contributory
D. declaratory
Q:
Which of the following types of contracts refers to those entered by minors who have the option, under the law, of either disaffirming or fulfilling most contracts?
A. Unenforceable contracts
B. Void contracts
C. Unconscionable contracts
D. Voidable contracts
Q:
Skye, who is unaware of Nathans mental incompetency, enters into an agreement with Nathan to paint her house. Skye does not know that Nathan has been adjudged insane by a court of law and therefore is angry at him for not finishing the work on time. This agreement between Skye and Nathan is an example of a(n) _____ contract.
A. voidable
B. option
C. enforceable
D. void
Q:
When an offeror promises to keep an offer open for a specified period and, in return, the offeree pays consideration, the parties have created a(n) _____ contract.
A. voidable
B. void
C. option
D. unenforceable
Q:
Sometimes genuine assent is not secured and a contract may be rescinded because one of the parties is forced to agree, for fear of harm. The legal defense available in this situation is _____.
A. duress
B. undue influence
C. fraud
D. mistake
Q:
Which of the following kinds of contracts must be in writing to be enforceable?
A. A contract to construct a building on ones own land
B. Mutual exchange of marriage promises
C. Promises that can be performed within a year
D. A promise by an executor where the payment comes from his or her personal funds
Q:
Legally enforceable contracts must exhibit _____, which means parties must have the legal ability to enter the contract; that is, they must be sane, sober, and of legal age.
A. genuineness of assent
B. consideration
C. legality
D. capacity
Q:
If a mentally incompetent person is unable to understand the purpose and effect of a contract but has not been legally adjudged insane, _____.
A. the competent party has an absolute right to rescind the contract
B. the contract would not be voidable at the option of the impaired party
C. the contract would not be void at the option of the impaired party
D. the impaired party would have to pay the reasonable value of any necessaries received under the contract
Q:
Which of the following refers to the term blue laws?
A. They are laws forbidding the practice of certain professions without a license.
B. They are laws forbidding usury.
C. They are laws forbidding the conduct of certain kinds of business on Sundays.
D. They are laws forbidding gambling.
Q:
_____ are agreements that are so thoroughly one-sided that fairness precludes enforcing them.
A. Yellow dog contracts
B. Quasi-contracts
C. Voidable contracts
D. Unconscionable contracts
Q:
Which of the following exceptional circumstances admits parol evidence?
A. To prove circumstances that would validate a written contract
B. To delete terms from a complete written contract
C. To explain ambiguities in a written contract
D. To infer the terms of a contract in a one-sided manner
Q:
The victim of a breach can recover just the direct losses from the breach and not any indirect losses that were incurred as a consequence of that breach.
Q:
The point of nominal damages is to illustrate the wrongfulness of a breach.
Q:
Which of the following statements is true of the Uniform Commercial Code (UCC)?
A. It governs contracts for services.
B. It covers cars, clothing, and appliances.
C. It regulates transactions not involving the sale of goods.
D. It covers real estate, stocks, and bonds.
Q:
_____ refers to the bargained-for legal value that one party agrees to pay or provide to secure the promise of another.
A. Discharge
B. Consideration
C. Agreement
D. Reformation
Q:
Problems of unconscionability often arise in situations in which:
A. a contract to commit a crime or a tort is illegal and unenforceable.
B. the contract, if enforced, would not be in the best interest of the public.
C. the bargaining power of one of the parties is much superior to the other.
D. a party participates in any potentially hazardous activity.
Q:
A fully performed oral contract, not in compliance with the Statute of Frauds, will be rescinded by the courts.
Q:
A third party cannot enforce a contract where that contract was expressly intended to benefit the third party.
Q:
Failure to fully perform without a lawful excuse for that failure results in a breach of contract.
Q:
According to discharge by operation of law, the contractual responsibilities of a debtor may be discharged by a bankruptcy decree.
Q:
Anticipatory breach of contract occurs when a party, before performance is due, indicates by word or deed that she or he will not perform.
Q:
An effective offer must be the product of a present intent, it must be definite, and it must be communicated to the offeree.
Q:
An offeror cannot revoke an offer any time prior to acceptance.
Q:
Unilateral offers are not accepted by performance.
Q:
The mailbox rule states that an acceptance is effective when sent even if never received.
Q:
Consideration is used by the courts to distinguish a contract from a gratuitous promise.
Q:
Legal sufficiency for consideration depends not on whether a promisee suffered a detriment in some way but on the value of the consideration.
Q:
A valid offer must include the present intent to enter a contract.
Q:
In the context of federalism, which of the following views was held by the Southerners?
A. They held that the federal government had often exercised authority beyond its express constitutional powers.
B. They held that each state was entitled to make its own policy decisions about crucial matters such as slavery.
C. They distrusted big government and favored that power be brought closer to the people.
D. They favored a more unified national approach to issues such as regulation of business, educational policy, medical care, and civil rights.
Q:
In the context of federalism, which of the following views is held by conservative Americans?
A. They hold that federal government has often exercised authority beyond its express constitutional powers.
B. They trust big government and favor bringing power closer to the people.
C. They favor a strong central government and believe that constitutional divide over federalism is a challenge that exists even today.
D. They favor a more unified national approach to issues such as regulation of business, educational policy, medical care, and civil rights.
Q:
Contract law is a necessary foundation for a capitalist, free market-system.
Q:
Contracts for services are governed by the Uniform Commercial Code (UCC).
Q:
In an implied-in-fact contract, the contract is inferred on the basis of the behavior of the parties.
Q:
A contract is labeled executory when all parties have completed their performances.
Q:
Which of the following sets up the executive branch, headed by the president?
A. Article III
B. Article IV
C. Article I
D. Article II
Q:
Which of the following statements about the Constitution is true?
A. The Constitution prohibits Congress from regulating commerce.
B. The Constitutions protections are not applicable for corporations.
C. The Constitution protects the citizens from public and private concentrations of power.
D. The Constitution was formed with an intent to protect the citizenry from the government.
Q:
Which of the following is true of the Preamble?
A. It sets up the executive branch, which is headed by the president, and also establishes the court system.
B. It addresses the relationship between the federal government and the states.
C. It identifies certain goals for our society, such as unity, justice, domestic tranquility, and liberty.
D. It provides for the supremacy of federal law over state law.
Q:
Which of the following is a criticism of the historic 1803 Marbury v. Madison decision?
A. The federal and state judicial decisions finding constitutional right to abortion or same-sex marriage have reduced the authority of directly elected legislators and placed too much power in the hands of jurists who are removed from the weight of public opinion.
B. The federal departments of Justice and Education issued a blueprint for colleges nationwide that redefines sexual harassment to include unwelcome conduct of sexual nature.
C. The federal blueprint and campus speech codes designed to maintain safe, civil learning environments that embrace diverse cultures act as restraints and are unconstitutional, and they amount to a demand for politically correct speech.
D. Constitutional similarities between other nations and the United States have plunged while emulation of the Canadian constitution, in particular, has soared.
Q:
Which of the following statements is true of Article I of the United States Constitution?
A. It establishes the court system.
B. It creates Congress and enumerates its powers.
C. It sets up the executive branch, headed by the president.
D. It addresses the relationship between the federal government and the states.
Q:
Which of the following provides for amendments to the Constitution?
A. Article III
B. Article IV
C. Article V
D. Article VI
Q:
Which of the following statements is true of Article I, Section 8, Clause 3 of the Constitution?
A. It gives Congress the power to regulate commerce.
B. It sets up the executive branch, headed by the president.
C. It addresses the relationship between the federal government and the states.
D. It provides for the supremacy of federal law over state law.
Q:
The Fourth Amendment prohibits all warrantless searches.
Q:
Freedom of speech is absolute.
Q:
Freedom of religion is the primary guarantor of the American approach to life.
Q:
The defense of the First Amendment is available to government employees who speak out pursuant to their official duties.
Q:
Commercial speech receives greater protection under the Constitution than political speech.
Q:
A search warrant issued by a judge is necessary to comply with the Constitution in making a narcotics search.
Q:
A police officer may not secure drugs that have been abandoned or that are in plain view if a warrant has not been obtained.
Q:
The Supreme Court has the power to veto acts of Congress.
Q:
Article III establishes the court system.
Q:
Article I provides in Clause 3 for the supremacy of federal law over state law.
Q:
The Due Process Clause of the 14th Amendment incorporates the personal freedoms guaranteed by the Bill of Rights and protects them against intrusion by state governments.
Q:
According to the First Amendment, government may neither encourage nor discourage the practice of religion generally, nor may it give preference to one religion over another.
Q:
Congressional authority is formally limited to certain enumerated powers.
Q:
The 10th Amendment provides that all power not expressly accorded to the federal government in the Constitution resides in the states or the people.
Q:
The Supreme Court among other responsibilities, executes laws, makes treaties, and commands the armed forces.