Columbia Southern University Reality of Assent Discharge and Remedies QuestionsSchool

Columbia Southern University Reality of Assent Discharge and Remedies QuestionsSchool

Columbia Southern University Reality of Assent Discharge and Remedies QuestionsSchool

Columbia Southern University

Question Description

Note: Unit study guide is attached and all questions are multiple choice.

Question 1

  1. Which of the following are the two most important primary sources of contract law?Case law and the restatement of lawCase law and the Uniform Commercial CodeThe Uniform Commercial Code and the Convention on Contracts for International Sales of GoodsCase law and the Convention on Contracts for International Sales of GoodsThe Convention on Contracts for International Sales of Goods and the Restatement of the Law Second, Contracts

Question 2

  1. Marcy’s mother, Sue, did not want her to date until she was older. She also wanted Marcy to attend law school. Just before Marcy started her freshman year in college, Sue told Marcy that if Marcy would refrain from dating until she received her law degree, then Sue would pay off all of Marcy’s school loans and throw in an extra $50,000. Marcy agreed and stated, “Thanks, Mom; when I graduate, I’m throwing you a big party for all you have done for me!” Sue smiles and hugs Marcy. 

    Marcy finished law school and asked for payment of her loans, the $50,000 in cash, and for a car. Sue said, “No way—I know you went out on some dates during law school, and I never agreed on the car.” Marcy said those were just study nights and that her mother had never objected to Marcy’s frequent statements that she wanted a car upon graduation. Sue asks about the party. Marcy tells her that she is nuts because there is no way Marcy can afford a party since Sue has backed out of the deal. After some serious negotiation, Marcy and Sue settled their dispute with Sue agreeing to pay for half of Marcy’s school loans and for all of the expenses of Marcy’s upcoming wedding; Sue also agreed to forget about Marcy throwing a party for her. Was there sufficient consideration to support Marcy’s agreement to throw a party for Sue?Yes, sufficient consideration was present.No, there was insufficient consideration because Sue did not promise anything in exchange.No, there was insufficient consideration because Marcy’s agreement was illusory.No, because throwing a party is not of a monetary value such as to constitute consideration.No, because close relatives are involved.

Question 3

  1. Stewart, the owner of ABC Construction, agreed with Joan, the owner of XYZ Hotel, that he would complete renovations on her upscale hotel on the beach in Florida by October 1. The amount due to Stewart under the contract was $250,000. The contract contained a clause by which Stewart would pay Joan $50,000 for each day he was late on completing the project. Unfortunately, an unexpected earthquake shook the area, and while the earthquake did not damage the hotel itself, Stewart encountered significant difficulty in getting supplies due to the high demand for building material following the earthquake. Because he believed that traveling himself to other states to obtain supplies would be prohibitively expensive, he delayed the project for two weeks while waiting for local stores to have sufficient supplies available. Stewart finished renovations six days late. Joan told Stewart that she owed him nothing but that he owed her $50,000. Stewart told Joan that he was suing for the entire $250,000 because it was not his fault the earthquake delayed matters. Assuming the earthquake does not affect Stewart’s liability for damages, which of the following is true regarding the provision that he will pay $50,000 for each day he is late?It will be upheld based on freedom of contract.It will be upheld because the penalty per day is less than one half of the amount due for the job.It will be upheld as a stipulated amount.It will be struck because parties are prohibited as a matter of law from specifying damages.It will be struck as a penalty.

Question 4

  1. Which of the following occurs when a party unjustifiably fails to substantially perform his or her obligations under the contract?Material breachSubstantial breachImmaterial breachDelineated breachCrossed breach

Question 5

  1. George offers to sell Penelope a ring that George found in his yard. He and Penelope look at the ring and decide that they are not sure what it is. Penelope pays George $10 for the ring. The ring turns out to be a diamond worth much more than $10. George wants the ring back, and Penelope refuses. What is the most likely result?The ring will be returned to George because of mutual mistake.The ring will be returned to George because of unilateral mistake.The ring will be returned to George because of equity.The ring will remain with Penelope unless George can establish that she was negligent in not recognizing the ring’s true value.The ring will remain with Penelope because the parties contracted on the assumption that they did not know the value of the ring.

Question 6

  1. Which of the following is an example of consideration?A benefit to the promisor but not a detriment to the promiseeA detriment to the promisee but not a benefit to the promisorA promise to do something, a benefit to the promisor, or a detriment to the promiseeAn accepted offerA valid counteroffer

Question 7

  1. A __________ is a FALSE representation of a material fact that is consciously false and intended to mislead the other party.negligent misrepresentationfraudulent misrepresentationscienter misrepresentationnegligent misrepresentation, fraudulent misrepresentation, and scienter misrepresentationnegligent or fraudulent misrepresentation, but not a scienter misrepresentation

Question 8

  1. Distinguishing between unilateral and mutual mistakes is important because the classification bears on which contracts __________.are voidare voidablelack considerationlack legalitynone of these because mutual mistakes are not recognized in the area of contracts

Question 9

  1. Courtney, who does not keep up with the price of current technology, agrees to buy a used computer from Jake for $2,500. Later, Brice tells Courtney that she made a really bad deal and that she could get an even better new computer for no more than $1,000. Courtney tells Jake that she is not giving him any money because he was not fair with her. Which of the following is the most likely result if Jake sues Courtney alleging breach of contract?Jake will win only if he can establish that Brice is wrong and that the deal was actually reasonable.Jake will win because the court would not weigh whether a good bargain was made.Courtney will win if she can establish that she paid at least 75% more than the computer was actually worth.Courtney will win if she can establish that she paid at least 50% more than the computer was actually worth.Courtney will win if she can establish that she made a bad deal and that truly she was not aware of current prices of computers.

Question 10

  1. What are the elements of a binding contract?Offer, acceptance, consideration, and assentAcceptance, consideration, assent, and legal objectAgreement, offer, acceptance, and considerationAgreement, consideration, contractual capacity, and assentAgreement, consideration, contractual capacity, and legal object

Question 11

  1. Which of the following is necessary to establish that a mutual mistake was made involving a basic assumption about the subject matter of a contract?That the mistake involved the existence, quality, or quantity of the items to be exchangedThat the mistake involved whether a party could profit from the contractThat the mistake involved whether a party could profit from the contract or whether a party misunderstood the time constraints involved in regard to the contractThat the mistake involved the identity of parties to the contract or whether a party misunderstood the time constraints involved in regard to the contractThat the mistake involved a misunderstanding of law as to whether or not the UCC applied

Question 12

  1. Consideration is defined as __________.being cordial in the negotiation of contractsrefraining from unethical behavior in the negotiation of contractsbeing both cordial and refraining from unethical behavior in the negotiation of contractsa bargained-for exchangea contract negotiated in person as opposed to by telephone or e-mail

Question 13

  1. For $300,000, Willis agrees to build a new home for Robert, who is very picky. Willis builds the home to Robert’s specifications with one exception. The faucets and linoleum flooring in a powder room are not exactly what Robert specified. That was a mistake on Willis’ part, but he had not intentionally failed to follow specifications. When Robert sees the powder room, he goes ballistic and tells Willis that he will not pay Willis anything for the house. It will take $300 to put in correct faucets and linoleum. Willis says that he is willing to pay $300 to put Robert in the position he would have been in had the correct faucets and linoleum been used, but that is all he is willing to pay. Which of the following is true regarding whether Willis breached the contract?Willis did not breach the contract.Willis materially breached the contract.Willis substantially breached the contract.Willis breached the contract, but the breach was not material.Willis committed an anticipatory breach of the contract.

Question 14

  1. Which of the following is FALSE regarding rights of an assignee and assignor?Assignees essentially fill in for the assignor as the legal recipient of contractual duties.Assignees acquire the same rights as the assignor had.Assignees are offered additional protection than assignors.The obligor may raise any of the same defenses for nonperformance to the assignee that he or she would have been able to raise against the assignor.When an assignor transfers rights to an assignee, the assignor legally gives up all rights he or she previously had to collect on the contract.

Question 15

  1. In a bilateral contract, the consideration for each promise is __________.a completed actthe beginning of action in acceptance, even if it is not completean acknowledgementa return promisean agreement

Question 16

  1. The person who agrees to the terms of an offer by another party is called the __________.offereeofferoragreeoragreeinquirer

Question 17

  1. Which of the following are the two primary kinds of performance?Partial and significantPartial and completePartial and substantialComplete and substantialComplete and significant

Question 18

  1. If the plaintiff is seeking legal damages which would put him or her in the same position he or she would have been in had the contract been fully performed, he or she is suing for __________ damages.equitablecompensatorydeservedlearnedpunitive

Question 19

  1. Which of the following is TRUE regarding illusory promises?Illusory promises are not consideration.Illusory promises are consideration.Illusory promises qualify as consideration when past consideration is at issue.Illusory promises qualify as consideration when promissory estoppel is at issue.Illusory promises are consideration only when a sale of goods is involved.

QUESTION 20

Which of the following occurs when a party to a contract transfers his or her rights to a contract to a third party?assignmentreferraldisgorgementprivitytransfer







Question 21

  1. Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. Creaky has hives, and Toady passes gas frequently because of a digestive problem. 

    Beverly hires Frank three months in advance, and they reach a contractual arrangement whereby Frank will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that the dogs are too creepy to be around. Beverly then hires Alice who agrees to care of Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both of her legs in an automobile accident, sustained other injuries, and has been put on bed rest for two months. Finally, Beverly hires Betty to care for the dogs and heads off to Hawaii, where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty fell in love with Creaky and Toady and has absconded with them. It was a month before Beverly was able to get a court order, which required the dogs to be returned. 

    Which of the following is true regarding Frank’s refusal to keep Creaky and Toady?He committed an anticipatory repudiation.He is not guilty of any breach because he gave Beverly sufficient warning that he was not willing to perform.He is not guilty of any breach because of the frustration of purpose doctrine.He is guilty of an immaterial breach because of the low value of the contract.He is guilty of a nominal breach.

Question 22

  1. Bill contracts with Judy to wash her car and then delegates the duty to Paul. Paul fails to wash the car. Which of the following is true regarding Bill’s duty to Judy, if any?Bill has no duty to Judy so long as she did not expressly object to the delegation.Bill has no duty to Judy regardless of whether she objected to the delegation.Bill continues to be bound to Judy to see that her car gets washed.Bill continues to be bound to Judy to see that her car gets washed only if the contract expressly prohibited delegation.Bill continues to be bound to Judy to see that her car gets washed unless he already paid Paul for the job.

Question 23

  1. Constance asks Kathy if Kathy will sell her used business book for $50. What is the status of the negotiation?No offer has been made.An offer has been made, but it may be revoked.An offer has been made that may not be revoked.A contract has been entered into.A contract has been entered into, but it may be set-aside at the option of either party.

Question 24

  1. Harry accepts Frank’s offer to sell a used car for $2,000. At what point is there a binding contract?When the agreement is madeWhen the money is paidWhen the car is delivered10 days after the car is delivered and approvedQuestion 25
    1. In Hamer v. Sidway, the New York Court of Appeals found that forbearance: 

      negates the enforceability of a contract.

      is not mandatory for a contract to be binding.

      is unconstitutional.

      is sufficient consideration for a valid contract.

      is insufficient consideration for a valid contract.
    20 days after the car is delivered and approved

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