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Law Review Packet

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Page 1: Law Review Packet

Law Review Packet

Page 2: Law Review Packet

Liquidated damages are (a) a token amount awarded by a court when rights have been violated but no actual injury has occurred, (b)

agreed to by both parties as part of their contract in advance of breach, (c) awarded to creditors whenever a business goes bankrupt and its assets are liquidated, (d) none of the above.

Page 3: Law Review Packet

Liquidated damages are (a) a token amount awarded by a court when rights have been violated but no actual injury has occurred, (b)

agreed to by both parties as part of their contract in advance of breach, (c) awarded to creditors

whenever a business goes bankrupt and its assets are liquidated, (d) none

of the above.

Page 4: Law Review Packet

When an offeror makes a valid offer to an offeree, he or she may revoke

the offer (a) when the offeree accepts the offer, (b) up until the time the

offer is accepted by the offeree, (c) whenever the offeror feels like it, (d) upon reaching the age of majority.

Page 5: Law Review Packet

When an offeror makes a valid offer to an offeree, he or she may revoke

the offer (a) when the offeree accepts the offer, (b) up until the time the

offer is accepted by the offeree, (c) whenever the offeror feels like it, (d) upon reaching the age of majority.

Page 6: Law Review Packet

Statutes of limitations have been enacted because with passage of time (a) needed evidence may no

longer be available, (b) circumstances, and statues, of the

parties may change greatly, (c) judges and juries may have greater difficulty in determining the truth,

(d) all of the above.

Page 7: Law Review Packet

Statutes of limitations have been enacted because with passage of time (a) needed evidence may no

longer be available, (b) circumstances, and statues, of the

parties may change greatly, (c) judges and juries may have greater difficulty in determining the truth,

(d) all of the above.

Page 8: Law Review Packet

Generally the victim of a breach of contract is required to mitigate the

damages. This means that (a) looses must be reduced, if feasible, by any

reasonable and available means under the circumstances, (b) whenever

possible, the victim of a breach should make it an anticipatory breach, (c) the victim should never spend additional

time or money on the contract, (c) all of the above.

Page 9: Law Review Packet

Generally the victim of a breach of contract is required to mitigate the damages. This means that (a) loses

must be reduced, if feasible, by any reasonable and available

means under the circumstances, (b) whenever possible, the victim of a breach should make it an anticipatory

breach, (c) the victim should never spend additional time or money on the contract,

(c) all of the above.

Page 10: Law Review Packet

This occurs when one party holds an incorrect beleif about the facts

related to the a contract. (a) a breach of contract, (b) a unilaterial mistake, (c) a bilaterial mistake, (d) a material

fact.

Page 11: Law Review Packet

This occurs when one party holds an incorrect beleif about the facts

related to the a contract. (a) a breach of contract, (b) a unilaterial

mistake, (c) a bilaterial mistake, (d) a material fact.

Page 12: Law Review Packet

Sometimes a party waives contractual rights even though a

court would uphold then in a trial because, (a) the potential damage award is low, (b) the cost of suing, including lost of time and goodwill,

are high, (c) the outcome of the lawsuit is uncertain, and the

defendant may be judgment-proof, (d) all of the above.

Page 13: Law Review Packet

Sometimes a party waives contractual rights even though a

court would uphold then in a trial because, (a) the potential damage award is low, (b) the cost of suing, including lost of time and goodwill,

are high, (c) the outcome of the lawsuit is uncertain, and the

defendant may be judgment-proof, (d) all of the above.

Page 14: Law Review Packet

If a contact is said to be substantially performed this means (a) the contact is written up, (b) both parties would

like to void the contact, (c) just about all of the duties have been

performed within the contract, (d) the contract has been written but not

signed by both parties.

Page 15: Law Review Packet

If a contact is said to be substantially performed this means (a) the contact is written up, (b) both parties would

like to void the contact, (c) just about all of the duties have been

performed within the contract, (d) the contract has been written but not

signed by both parties.

Page 16: Law Review Packet

In most cases where there is a breach of contract, the following damages

are awarded: (a) nominal, (b) compensatory, (c) punitive, (d)

liquidated.

Page 17: Law Review Packet

In most cases where there is a breach of contract, the following damages

are awarded: (a) nominal, (b) compensatory, (c) punitive, (d)

liquidated.

Page 18: Law Review Packet

Buyer makes a valid contract to purchase Lot #33 from the selection of 100 lots in a new subdivision owned by Seller. When Seller refuses to transfer the title to Lot #33, (a)

buyer must accept a substitute lot of the same or larger size in the subdivision, (b) buyer has

no remedy, (c) buyer can compel seller to transfer title to Lot #33 by getting a court

order for specific performance, (d) none of the above.

Page 19: Law Review Packet

Buyer makes a valid contract to purchase Lot #33 from the selection of 100 lots in a new subdivision owned by Seller. When Seller refuses to transfer the title to Lot #33, (a)

buyer must accept a substitute lot of the same or larger size in the subdivision, (b) buyer has

no remedy, (c) buyer can compel seller to transfer title to Lot #33 by getting a court order for specific performance, (d) none of

the above.

Page 20: Law Review Packet

Agreements that are enforceable by the courts are (a) invalid contracts,

(b) void agreements, (c) valid contracts, (d) illegal.

Page 21: Law Review Packet

Agreements that are enforceable by the courts are (a) invalid contracts,

(b) void agreements, (c) valid contracts, (d) illegal.

Page 22: Law Review Packet

When a party in a contract is said to have defaulted on the contact, he or

she has (a) performed all of the duties within the contract, (b) used

novation to pass contractual duties to another party, (c) failed to perform

the duties within the contract, (d) all of the above.

Page 23: Law Review Packet

When a party in a contract is said to have defaulted on the contact, he or

she has (a) performed all of the duties within the contract, (b) used

novation to pass contractual duties to another party, (c) failed to perform the duties within the contract, (d)

all of the above.

Page 24: Law Review Packet

The following is an example of a valid consideration (a) grandparents promise to will

$10,000 to each of their grandchildren, (b) The Dagwoods promise to pay the local

police officer on night duty $100 to cruise past their home in his squad car occasionally while they are away on vacation, (c) Hitch promised to pay Cook an additional $500

when Cook said he could not finish installing a fence around Hitch’s farm for only $2,500 as originally agreed, (d) none of the above.

Page 25: Law Review Packet

The following is an example of a valid consideration (a) grandparents promise to will

$10,000 to each of their grandchildren, (b) The Dagwoods promise to pay the local

police officer on night duty $100 to cruise past their home in his squad car occasionally while they are away on vacation, (c) Hitch promised to pay Cook an additional $500

when Cook said he could not finish installing a fence around Hitch’s farm for only $2,500 as originally agreed, (d) none of the above.

Page 26: Law Review Packet

Consideration is not necessary for which of the following: (a) a promise of a gift to the

Boy Scouts of America, (b) an order to pay a check (commercial paper) that one has been defrauded into signing if an innocent person later acquires it honestly and for value, (c) an offer, in writing, by a merchant to sell specific goods for up to 3 months, (d) all of the above.

Page 27: Law Review Packet

Consideration is not necessary for which of the following: (a) a promise of a gift to the

Boy Scouts of America, (b) an order to pay a check (commercial paper) that one has been defrauded into signing if an innocent person later acquires it honestly and for value, (c) an offer, in writing, by a merchant to sell specific

goods for up to 3 months, (d) all of the above.

Page 28: Law Review Packet

A contract (a) is a legally binding agreement, (b) is an agreement

enforceable by law, (c) results from an exchange of acts or promises (d)

all of the above.

Page 29: Law Review Packet

A contract (a) is a legally binding agreement, (b) is an agreement

enforceable by law, (c) results from an exchange of acts or promises (d)

all of the above.

Page 30: Law Review Packet

Which of the following is generally held to be an offer? (a) an invitation

to attend a baseball game with a friend, (b) a newspaper

advertisement for a sale on shoes, (c) the promise of a gift from anyone, (d) the promise of a friend to buy

your stereo for $100.

Page 31: Law Review Packet

Which of the following is generally held to be an offer? (a) an invitation

to attend a baseball game with a friend, (b) a newspaper

advertisement for a sale on shoes, (c) the promise of a gift from anyone, (d) the promise of a friend to buy

your stereo for $100.

Page 32: Law Review Packet

Any change in the terms of an offer by the offeree generally results in (a) a void agreement, (b) a counteroffer, (c) an unenforceable, (d) an illegal

agreement.

Page 33: Law Review Packet

Any change in the terms of an offer by the offeree generally results in (a)

a void agreement, (b) a counteroffer, (c) an unenforceable,

(d) an illegal agreement.

Page 34: Law Review Packet

The statute of frauds does not apply to a contract (a) for the sale of

personal services to be completed within a year, at the price of $3,000, (b) for the sale of goods (personal property) to be delivered within a

year, (c) for the loan of $3,000, (d) for any of the above.

Page 35: Law Review Packet

The statute of frauds does not apply to a contract (a) for the sale of

personal services to be completed within a year, at the price of $3,000, (b) for the sale of goods (personal property) to be delivered within a year, (c) for the loan of $3,000, (d)

for any of the above.

Page 36: Law Review Packet

When an contact is said to be executed, the contact is (a) fully

performed, (d) not yet started, (c) still in negotiations, (d) written up,

but not signed.

Page 37: Law Review Packet

When an contact is said to be executed, the contact is (a) fully

performed, (d) not yet started, (c) still in negotiations, (d) written up,

but not signed.

Page 38: Law Review Packet

Whether or not the statute of frauds applies, it is usually prudent to reduce important

agreements to writing signed by both parties, if (a) a substantial sum of money is involved,

(b) considerable time is required for performance, (c) much detail is involved and

should be spelled out in advance of performance, (d) any one or more of the

above.

Page 39: Law Review Packet

Whether or not the statute of frauds applies, it is usually prudent to reduce important

agreements to writing signed by both parties, if (a) a substantial sum of money is involved,

(b) considerable time is required for performance, (c) much detail is involved and

should be spelled out in advance of performance, (d) any one or more of the

above.

Page 40: Law Review Packet

An oral agreement to sell a parcel of real property is legally enforceable if the buyer has (a) made partial or full

payment, (b) occupied or taken possession of the real property, (c) made substantial improvements to the real property, (d) done all three

of the above.

Page 41: Law Review Packet

An oral agreement to sell a parcel of real property is legally enforceable if the buyer has (a) made partial or full

payment, (b) occupied or taken possession of the real property, (c) made substantial improvements to

the real property, (d) done all three of the above.

Page 42: Law Review Packet

In interpreting a written contract, courts will follow the rule that (a) if there are three or

more inconsistent provisions, the contract is void and a new one must be drafted, (b)

handwritten provisions prevail over contradictory typewritten provisions, and

typewritten prevail over contradictory printed ones, (c) oral testimony in court under oath,

supported by two or more witnesses, supersedes the entire written contract, (d) all

of the above.

Page 43: Law Review Packet

In interpreting a written contract, courts will follow the rule that (a) if there are three or

more inconsistent provisions, the contract is void and a new one must be drafted, (b) handwritten provisions prevail over

contradictory typewritten provisions, and typewritten prevail over contradictory printed ones, (c) oral testimony in court

under oath, supported by two or more witnesses, supersedes the entire written

contract, (d) all of the above.

Page 44: Law Review Packet

The use of improper act or threat to obtain unfair advantage when

entering into a contact is known as (a) coercion is known (b) contractual obligation, (c) duress, (d) none of the

above.

Page 45: Law Review Packet

The use of improper act or threat to obtain unfair advantage when

entering into a contact is known as (a) coercion is known (b) contractual

obligation, (c) duress, (d) none of the above.

Page 46: Law Review Packet

Among the significant advantages of the statute of frauds is (are) the fact(s) that the (a)

resulting contract is likely to be more carefully though out and prepared, (b) statue compels people to act before they think, (c)

statute creates job for manufactures of paper, ink, and various duplicating devices and

machines, (d) all of the above.

Page 47: Law Review Packet

Among the significant advantages of the statute of frauds is (are) the fact(s) that the (a)

resulting contract is likely to be more carefully though out and prepared, (b) statue compels people to act before they

think, (c) statute creates job for manufactures of paper, ink, and various duplicating devices

and machines, (d) all of the above.

Page 48: Law Review Packet

Agreements that violate the law or public policy are void. Which of the following

agreements do not violate the law or public policy? (a) agreements that require

committing a crime or tort, (b) agreements that require restitution, (c) agreements that injure public service, (d) agreements that

involve illegal gabling, wages, and lotteries.

Page 49: Law Review Packet

Agreements that violate the law or public policy are void. Which of the following

agreements do not violate the law or public policy? (a) agreements that require

committing a crime or tort, (b) agreements that require restitution, (c) agreements that injure public service, (d) agreements that

involve illegal gabling, wages, and lotteries.

Page 50: Law Review Packet

A contract is not made with the required assent (a) when either party

refuses to put the agreement into writing, (b) when the contract is made in order to comply with a

recently enacted statute, (c) when the offeror or the offeree acts under duress, (d) in all of the above.

Page 51: Law Review Packet

A contract is not made with the required assent (a) when either party

refuses to put the agreement into writing, (b) when the contract is made in order to comply with a

recently enacted statute, (c) when the offeror or the offeree acts under duress, (d) in all of the

above.

Page 52: Law Review Packet

Gambling involves an agreement which has the following element(s):

(a) payment to participate, (b) a prize for one of more winners, (c) a

change to win, based on luck rather than skill, (d) all of the above.

Page 53: Law Review Packet

Gambling involves an agreement which has the following element(s):

(a) payment to participate, (b) a prize for one of more winners, (c) a

change to win, based on luck rather than skill, (d) all of the above.

Page 54: Law Review Packet

Ability to understand that a contract is being made and the consequences thereof is known as (a) contractual

capacity, (b) contractual knowledge, (c) expertise, (d) none of the above.

Page 55: Law Review Packet

Ability to understand that a contract is being made and the consequences thereof is known as (a) contractual capacity, (b) contractual knowledge, (c) expertise, (d) none of the above.

Page 56: Law Review Packet

Which of the following does not permit the victim to disaffirm

(avoid) a contract? (a) fraud, (b) duress, (c) personal opinion of non-

experts as to the value of the consideration, (d) undue influence.

Page 57: Law Review Packet

Which of the following does not permit the victim to disaffirm

(avoid) a contract? (a) fraud, (b) duress, (c) personal opinion of non-

experts as to the value of the consideration, (d) undue influence.

Page 58: Law Review Packet

In sales bargaining, the seller’s silence is generally not a blameworthy basis for a reasonable alert buyer to claim fraud.

However, the buyer could claim fraud if the seller is silent because (a) she is naturally taciturn, or inclined to silence, (b) talking

would make the buyer shop somewhere else, (c) the silence serves to conceal a serious defect in the product not known to, nor

readily discoverable by the buyer, (d) none of the above.

Page 59: Law Review Packet

In sales bargaining, the seller’s silence is generally not a blameworthy basis for a reasonable alert buyer to claim fraud.

However, the buyer could claim fraud if the seller is silent because (a) she is naturally taciturn, or inclined to silence, (b) talking

would make the buyer shop somewhere else, (c) the silence serves to conceal a serious defect in the product not known to, nor

readily discoverable by the buyer, (d) none of the above.

Page 60: Law Review Packet

Consent not clouded by fraud, duress, undue influence or mistake. (a) total assent, (b) like assent, (c)

genuine assent, (d) none of the above.

Page 61: Law Review Packet

Consent not clouded by fraud, duress, undue influence or mistake. (a) total assent, (b) like assent, (c) genuine assent, (d) none of the

above.

Page 62: Law Review Packet

Which of following should be understood as a statement of personal opinion rather than fact? (a) “This is a ¾ horsepower motor, (b) “Add our products to your line and you will have customers clamoring to buy”, (c) “the table, chairs, and cabinet are solid rosewood and

designed by Pierre Classique”, (d) all of the statements are facts.

Page 63: Law Review Packet

Which of following should be understood as a statement of personal opinion rather than fact? (a) “This is a ¾ horsepower motor, (b) “Add our products to your line and you will have customers clamoring to buy”, (c) “the table,

chairs, and cabinet are solid rosewood and designed by Pierre Classique”, (d) all of the

statements are facts.

Page 64: Law Review Packet

The victim of fraud is a contract may (a) disaffirm the entire contract, (b) recover any money or thing of value given to the wrongdoer., (c) sue in tort for punitive damages because

fraud is an intentional tort, (d) all of the above.

Page 65: Law Review Packet

The victim of fraud is a contract may (a) disaffirm the entire contract, (b) recover any money or thing of value given to the wrongdoer., (c) sue in tort for punitive damages because

fraud is an intentional tort, (d) all of the above.

Page 66: Law Review Packet

These are important facts that influence both parties' decisions

about the contract. (a) material facts, (b) immaterial facts, (c) moot facts,

(d) facts of assent.

Page 67: Law Review Packet

These are important facts that influence both parties' decisions about the contract. (a) material

facts, (b) immaterial facts, (c) moot facts, (d) facts of assent.

Page 68: Law Review Packet

Generally when a minor enters a into a contract with an adult, the minor

(a) has the option of disaffirming the contract or enforcing it, (b) must honor the contract until reaching

adulthood, (c) is bound by the contact if it is advantageous to him

or her, (d) all of the above.

Page 69: Law Review Packet

Generally when a minor enters a into a contract with an adult, the minor (a) has the option of disaffirming the contract or enforcing it, (b)

must honor the contract until reaching adulthood, (c) is bound by the contact if it is advantageous to

him or her, (d) all of the above.

Page 70: Law Review Packet

At this age, generally, a person is considered to have the capacity to

contact (a) upon reaching his or her 16th birthday in most states, (b) when

his or her parents decide, (c) upon reaching the age of majority, (d)

none of the above.

Page 71: Law Review Packet

At this age, generally, a person is considered to have the capacity to

contact (a) upon reaching his or her 16th birthday in most states, (b) when

his or her parents decide, (c) upon reaching the age of majority, (d)

none of the above.

Page 72: Law Review Packet

In some states, lotteries are legal and even conducted by government agencies.

Nevertheless, they are ethically suspect because, (a) in effect they are a tax on poor participants who could make better use of their lottery wagers to buy necessaries, (b) they are immoral and even illegal in some

states, (c) the prizes are too low, (d) all of the above.

Page 73: Law Review Packet

In some states, lotteries are legal and even conducted by government agencies.

Nevertheless, they are ethically suspect because, (a) in effect they are a tax on poor participants who could make better use of

their lottery wagers to buy necessaries, (b) they are immoral and even illegal in some states, (c) the prizes are too

low, (d) all of the above.

Page 74: Law Review Packet

Delores operates a part-time catering business when includes eight contracts with customers in her city. Delores then wins the lottery and gives her business to her cousin to complete

these contracts for her. Each of her customers agrees to this situation. In legal terms, a ________ has occurred. (a) recission, (b)

mitigation, (c) novation, (d) breach.

Page 75: Law Review Packet

Delores operates a part-time catering business when includes eight contracts with customers in her city. Delores then wins the lottery and gives her business to her cousin to complete

these contracts for her. Each of her customers agrees to this situation. In legal terms, a ________ has occurred. (a) recission, (b)

mitigation, (c) novation, (d) breach.

Page 76: Law Review Packet

These are usually known as “take it or leave it contacts”, because the offeree usually does not have the

ability to negotiate the contact, and therefore must either take it or leave it. (a) Kelly’s contacts, (b) contracts of adhesion, (c) contacts to buy real

property, (d) all of the above.

Page 77: Law Review Packet

These are usually known as “take it or leave it contacts”, because the offeree usually does not have the

ability to negotiate the contact, and therefore must either take it or leave

it. (a) Kelly’s contacts, (b) contracts of adhesion, (c) contacts to buy real property, (d) all of the

above.

Page 78: Law Review Packet

With reference to ratification of a contact after reaching majority, a

minor (a) must ratify or disaffirm the entire contact, (b) may ratify

selected parts of the contact which are fair to the minor, (c) has no

choice but to ratify, (d) none of the above.

Page 79: Law Review Packet

With reference to ratification of a contact after reaching majority, a

minor (a) must ratify or disaffirm the entire contact, (b) may ratify selected parts of the contact which

are fair to the minor, (c) has no choice but to ratify, (d) none of the

above.

Page 80: Law Review Packet

Change in contractual terms without the consent of the other party is (a) alteration, (b) delegation of duties, (c) novation, (d) none of the above.

Page 81: Law Review Packet

Change in contractual terms without the consent of the other party is (a) alteration, (b) delegation of duties, (c) novation, (d) none of the above.

Page 82: Law Review Packet

Replacement of one contract with another is (a) breach of contract, (b)

discharge of contract, (c) substitution, (d) novation.

Page 83: Law Review Packet

Replacement of one contract with another is (a) breach of contract, (b)

discharge of contract, (c) substitution, (d) novation.

Page 84: Law Review Packet

Severing of the parent child relationship is known as (a) freedom,

(b) emancipation, (c) majority, (d) none of the above.

Page 85: Law Review Packet

Severing of the parent child relationship is known as (a) freedom, (b) emancipation, (c) majority, (d)

none of the above.

Page 86: Law Review Packet

Jose operates a nursery where he contracts with businesses to provide fresh flowers on a regular basis for their offices and restaurants.

Most of his clients have signed a one-year contract. Due to a recent fall, however, Jose notifies his clients in advance that he will not

be able to perform his contractual duties. This advance notification is an example of

a(n): (a) recission, (b) anticipatory breach, (c) novation, (d) specific performance.

Page 87: Law Review Packet

Jose operates a nursery where he contracts with businesses to provide fresh flowers on a regular basis for their offices and restaurants.

Most of his clients have signed a one-year contract. Due to a recent fall, however, Jose notifies his clients in advance that he will not

be able to perform his contractual duties. This advance notification is an example of

a(n): (a) recission, (b) anticipatory breach, (c) novation, (d) specific performance.

Page 88: Law Review Packet

When the parties to a contract agree beforehand on an amount to be

awarded to the injured party should a breach occur, the amount is known

as: (a) liquidated damages, (b) consequential damages, (c) nominal

damages, (d) mitigated damages.

Page 89: Law Review Packet

When the parties to a contract agree beforehand on an amount to be

awarded to the injured party should a breach occur, the amount is known

as: (a) liquidated damages, (b) consequential damages, (c) nominal

damages, (d) mitigated damages.

Page 90: Law Review Packet

The fulfillment of contractual promises as agreed is known as (a) a waiver, (b) a novation, (c) a breach

(d) performance.

Page 91: Law Review Packet

The fulfillment of contractual promises as agreed is known as (a) a waiver, (b) a novation, (c) a breach

(d) performance.

Page 92: Law Review Packet

If an employee agrees not to compete with his or her employer

after the employment terminates, this is called: (a) a monopoly, (b) a prohibited act, (c) the Blue Sky

Laws, (d) a non-compete contact.

Page 93: Law Review Packet

If an employee agrees not to compete with his or her employer

after the employment terminates, this is called: (a) a monopoly, (b) a prohibited act, (c) the Blue Sky

Laws, (d) a non-compete contact.

Page 94: Law Review Packet

Parole statements can be admitted to prove which of the following? (a)

fraud, (b) illegality, (c) a conflicting agreement existed before signing, (d)

both A and B.

Page 95: Law Review Packet

Parole statements can be admitted to prove which of the following? (a)

fraud, (b) illegality, (c) a conflicting agreement existed before signing,

(d) both A and B.

Page 96: Law Review Packet

Which of the following would almost always be considered a(n) necessary? (a) food, (b) college tuition, (c) car, (d) cell phone.

Page 97: Law Review Packet

Which of the following would almost always be considered a(n) necessary? (a) food, (b) college tuition, (c) car, (d) cell phone.

Page 98: Law Review Packet

Which of the following cannot be disaffirmed by a minor? (a) banking

contracts, (b) enlisting in the military, (c) contacts for necessaries,

(d) all of the above.

Page 99: Law Review Packet

Which of the following cannot be disaffirmed by a minor? (a) banking

contracts, (b) enlisting in the military, (c) contacts for necessaries,

(d) all of the above.

Page 100: Law Review Packet

When can a minor disaffirm a contract? (a) before reaching

majority, (b) within a reasonable time of reaching majority, (c) after

ratification, (d) either a or b.

Page 101: Law Review Packet

When can a minor disaffirm a contract? (a) before reaching

majority, (b) within a reasonable time of reaching majority, (c) after

ratification, (d) either a or b.

Page 102: Law Review Packet

Contractual capacity is dependent upon the ability to understand the

__________ of a contract. (a) considerations, (b) consequences,

(c) wording, (d) benefits.

Page 103: Law Review Packet

Contractual capacity is dependent upon the ability to understand the

__________ of a contract. (a) considerations, (b) consequences,

(c) wording, (d) benefits.

Page 104: Law Review Packet

True or False.

Page 105: Law Review Packet

Only the original parties to a contract (offeror and offeree) can

have legally enforceable rights under the contract. True or False

Page 106: Law Review Packet

Only the original parties to a contract (offeror and offeree) can

have legally enforceable rights under the contract. True or False

Page 107: Law Review Packet

A major breach of contract gives the other party the right to cancel the

contact. True or False

Page 108: Law Review Packet

A major breach of contract gives the other party the right to cancel the

contact. True or False

Page 109: Law Review Packet

Courts sometimes compel parties to perform as contractually agreed.

True or False

Page 110: Law Review Packet

Courts sometimes compel parties to perform as contractually agreed.

True or False

Page 111: Law Review Packet

Cancellation, a variation of recession, is a remedy not available for victims of breach of any type of

contact. True or False

Page 112: Law Review Packet

Cancellation, a variation of recession, is a remedy not available for victims of breach of any type of

contact. True or False

Page 113: Law Review Packet

One reason for the statue of limitations is to prevent harassment

later on down the road. True or False

Page 114: Law Review Packet

One reason for the statue of limitations is to prevent harassment

later on down the road. True or False

Page 115: Law Review Packet

Consideration is always necessary for a valid contract of binding

promise. True or False

Page 116: Law Review Packet

Consideration is always necessary for a valid contract of binding

promise. True or False

Page 117: Law Review Packet

One’s performance of an already existing obligation can serve as

consideration for a new promise by any other person. True or False

Page 118: Law Review Packet

One’s performance of an already existing obligation can serve as

consideration for a new promise by any other person. True or False

Page 119: Law Review Packet

Promissory estoppel is an exception to the rule that consideration is

required to make a promise binding. True or False

Page 120: Law Review Packet

Promissory estoppel is an exception to the rule that consideration is

required to make a promise binding. True or False

Page 121: Law Review Packet

Consideration given an received in a contract must be of equal value.

True or False

Page 122: Law Review Packet

Consideration given an received in a contract must be of equal value.

True or False

Page 123: Law Review Packet

If an advertisement is sent by mail, it is effective only if received. True or

False

Page 124: Law Review Packet

If an advertisement is sent by mail, it is effective only if received. True or

False

Page 125: Law Review Packet

The writing required to satisfy the statue of frauds need not be in any

special form. True or False

Page 126: Law Review Packet

The writing required to satisfy the statue of frauds need not be in any

special form. True or False

Page 127: Law Review Packet

Even when a writing is not required by the statue of frauds, it is often wise to put important contracts in

writing. True or False

Page 128: Law Review Packet

Even when a writing is not required by the statue of frauds, it is often wise to put important contracts in

writing. True or False

Page 129: Law Review Packet

For a valid, enforceable contact, the parties must always clearly express their intentions in spoken or written

words. True or False

Page 130: Law Review Packet

For a valid, enforceable contact, the parties must always clearly express their intentions in spoken or written

words. True or False

Page 131: Law Review Packet

The sale of real property of any value and of tangible personal

property (goods) for $400 or more are both covered by the statute of

frauds. True or False

Page 132: Law Review Packet

The sale of real property of any value and of tangible personal

property (goods) for $400 or more are both covered by the statute of

frauds. True or False

Page 133: Law Review Packet

A contact that is legally called a “simple contact” may in fact be a

very long and complex written document. True or False

Page 134: Law Review Packet

A contact that is legally called a “simple contact” may in fact be a

very long and complex written document. True or False

Page 135: Law Review Packet

Small loan rates of interest typically exceed the usury rates, yet are legal.

True or False

Page 136: Law Review Packet

Small loan rates of interest typically exceed the usury rates, yet are legal.

True or False

Page 137: Law Review Packet

Possession of a legally required competency license is a guarantee to

the public of competent service. True or False

Page 138: Law Review Packet

Possession of a legally required competency license is a guarantee to

the public of competent service. True or False

Page 139: Law Review Packet

To disaffirm a contract, a minor must return any consideration

received if the minor still possesses it. True or False

Page 140: Law Review Packet

To disaffirm a contract, a minor must return any consideration

received if the minor still possesses it. True or False

Page 141: Law Review Packet

If a loan contact fails to specify the exact rate of interest, no interest may

be charged. True or False

Page 142: Law Review Packet

If a loan contact fails to specify the exact rate of interest, no interest may

be charged. True or False

Page 143: Law Review Packet

Although minors can disaffirm their contract, they are usually liable for

their torts and delinquent for criminal acts. True or False

Page 144: Law Review Packet

Although minors can disaffirm their contract, they are usually liable for

their torts and delinquent for criminal acts. True or False

Page 145: Law Review Packet

Assignment transfers contractual rights to another person; novation

transfers contractual duties to another person. True or False

Page 146: Law Review Packet

Assignment transfers contractual rights to another person; novation

transfers contractual duties to another person. True or False

Page 147: Law Review Packet

An assignment of rights has to be supported by consideration. True or

False

Page 148: Law Review Packet

An assignment of rights has to be supported by consideration. True or

False

Page 149: Law Review Packet

Ambiguity in the terms of a written contract will be interpreted against the author of the contract. True or

False

Page 150: Law Review Packet

Ambiguity in the terms of a written contract will be interpreted against the author of the contract. True or

False

Page 151: Law Review Packet

The practice of competing firms agreeing to and charging customers

the same price is known as allocation of markets. True or False

Page 152: Law Review Packet

The practice of competing firms agreeing to and charging customers

the same price is known as allocation of markets. True or False

Page 153: Law Review Packet

The End!