JURI 530 Quiz 1,2,3
JURI 530 Quiz 1,2,3
Buy individual quizzes
JURI 530 Quiz 1 Introduction, Enforcement, and Consideration
Covers the Learn material from Module 1: Week 1.
- True or false: Modication of a contract for the sale of goods requires consideration to be binding, even if made in good faith.
- Two parties enter into a contract for one party to provide bookkeeping services to the other. One month later they want to modify that agreement, and they agree to a revised bookkeeping agreement. The revised bookkeeping agreement requires some consideration in addition to the performances required under the original bookkeeping agreement in order to be binding under the ________________ duty rule.
- After 40 years working on the plant oor at Manufacturing Company, Darby decides it is time to retire. He sends an e-mail to the Company President informing him that this will be his last month on the job and that he’s retiring at the end of the month. Company President calls Darby into his oce and tells him, “Darby, you’ve been an exemplary employee for such a long time. We hate to see you go, but want you to know that, while the Company doesn’t have a retirement plan, the Company will pay you a weekly paycheck of $500 for the rest of your life. It’s our way of saying ‘thank you.’” Is Company President’s promise to pay $500 a week enforceable under the theory of promissory estoppel?
- Which of the following contracts is subject to the CISG?
- Which of the following is a gift promise, unenforceable under the “bargain” theory of consideration?
- True or False: Where a promise is made, in part to induce a return promise, and in part to make a gift, the mixed motive of the promisor will prevent the promise from being consideration, if bargained for.
- Which of the following policies is not one that the Uniform Commercial Code is designed to further?
- Which of the following contracts is subject to applicable provisions of the Uniform Commercial Code?
- A law rm hires a document-management rm to shred 800 old client les that are being stored in the law rm’s le room. The document-management rm agrees to shred and dispose of the les for $2,500. The document-management rm fails to meet the deadline for performing the work, and the law rm hires another document-management rm to destroy the les at a cost of $3,100. Which of the following correctly describes the law rm’s “expectation interest”?
- When a promisor makes a promise in which he reserves so much discretion regarding whether he will perform the promise or not that the promise is impossible to breach, the promise is called an ______________ promise.
- Which of the following is an accurate statement regarding consideration?
- A ____________ contract is a contract in which the parties exchange a promise for a return promise.
- Baxter needs $800 to make his mortgage payment on time. His neighbor Rex knows this. Rex had long admired Baxter’s vintage motorcycle, valued at $2,500. Rex tells Baxter that he will pay him $800 for the motorcycle, and Baxter promises to sell the motorcycle at that price. Before Rex pays Baxter the $800, Baxter changes his mind and argues that he has not entered into a binding agreement because the agreement is not a fair exchange. Is Baxter’s argument correct? Explain your answer.
- Choose which of the following benefits cannot be recovered under the theory of consideration, but can
- Holding Company contracts to purchase 100% of Owner’s stock in the Business for $7,000,000, if the Business can sell $800,000 of its product in the next 90 days. The contract between Holding Company
- A contract to settle a lawsuit is supported by consideration, even if the claims made in the lawsuit are invalid,
- Lex hires Amanda’s tree-trimming company to remove a large dying tree from Lex’s front yard. He agrees to pay Amanda $1,000 to do the work. Amanda and her crew remove the tree. Additionally, they remove all of the tree debris from the yard, mow the grass, trim some nearby branches away from the house, and trim the shrubbery along the front of the house while they are doing the job. Lex is really pleased with the work and extra effort of Amanda’s team. He is so pleased that he calls Amanda and promises to pay her an extra $250 for the good work they did. Is Lex’s promise enforceable under the “bargain” theory of consideration?
- Transportation Company contracts with Tire Company to buy all of the truck tires that Transportation Company requires from Tire Company at a price of $300 per tire. Choose the best answer:
- True or False: Promises to make gifts of goods are always enforceable because the Uniform Commercial Code does not include a provision defining consideration or bargain.
- Which statement most accurately describes the difference between the expectation interest and reliance interest in contract damages?
JURI 530 Quiz 2
JURI 530 Quiz 2 How Contracts are Formed
Covers the Learn material from Module 2: Week 2.
- When applying the “Battle of the Forms” provision, UCC 2-207 of the Uniform Commercial Code, which of the following is true?
- On June 11, Kang sends an e-mail message to SalesCo offering to buy 240 bags of cement from SalesCo at a price of $2,000. SalesCo responds by mailing a letter, via first-class mail, on June 12, indicating that SalesCo, is not interested in selling cement at the price offered by Kang. The letter arrives on June 14.
- In a contract for the provision of services, when an offeree responds to an offer by the beginning of performance,
- Larry offers to purchase 10 gasoline-fueled generators from Generator Co. at a price of $10,000. Which one of the following ways can Generator Co. use to effectively accept Larry’s offer?
- Derick is the office manager of a law rm. On Monday, he offers to pay Housekeeping, Inc., $500 per week to provide overnight cleaning services at the law rm. He tells Housekeeping, Inc., that if they want the job, the only way they can accept is to stop by the office Saturday at 5:30 a.m., allow him to show them around the office area, provide them with a key to the building, and identify the employees who will be performing the work.
- Three identical, adjacent, undeveloped commercial real-estate parcels are for sale in an industrial park. Parcel A is owned by Candace. Parcels B and C are owned by Pharrell. Candace, Pharrell and Louis are all sitting at the same table at a monthly “young professionals” meeting. Louis is a local real-estate developer. He offers to purchase Parcel A from Candace, who responds by saying his offer is too low for her to consider. Pharrell, however, tells Louis that he accepts Louis’s offer. Choose the best answer.
- Harris offers the terms of a unilateral contract to Belle. When will Belle effectively accept Harris’s offer?
- A Corp and B Corp enter into a valid and enforceable option contract. The contract provides that in exchange for the payment of $1,000 each month, B Corp shall have the right to accept A Corp’s offer to sell a parcel of land, for $300,000, for the next six months. B Corp makes the first monthly option payment on October 1. On October 10, A Corp sells the parcel to C Corp. The next day, B Corp learns the property has been sold. Does B Corp have the power to accept A Corp’s offer to sell the parcel for $300,000? Fully explain your answer:
- If an offeror and offeree enter into a valid and enforceable option contract, the offeree will retain the power of acceptance during the option period, unless:
- Gari and Ted have a lunch meeting to discuss Gari’s proposal to purchase Ted’s 200-acre parcel of real property. During the meeting the two discuss the terms of a potential purchase agreement to buy the 200-acre parcel for $950,000. Which of the following statements is most significant for the purpose of determining whether Gari and Ted have assented to a contract?
- Shari has been assigned the job of hiring a new bookkeeping rm to manage her employer’s payroll. She calls a payroll company and asks what they would charge to manage the payroll of a company with 250 employees. The representative of the payroll company, Zach, says that their company “typically charges $500 per month for payroll services for employers that size.” Has Zach made an offer to enter into a contract?
- Bella has been trying to recruit Donna to work as the president of Bella’s company for years. Bella finally convinces Donna at a dinner meeting to take on the important, high-prole role of running Bella’s company. During their meeting, the two agree on the timing, salary, benets, and scope of Donna’s responsibilities, but they agree that “we won’t have a binding deal until we have put this agreement in writing and we have both signed it.” Bella asks her lawyer to draft the agreement on November 1, and her lawyer agrees to prepare the agreement by November 12. On November 2, is there an enforceable agreement between Bella and Donna?
- Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday morning. Monday evening, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. Gabby thanks Esther and asks if she can consider the offer overnight and let Esther know her decision on Tuesday. Esther agrees.
- If Janice mails an offer to Leo, and Leo responds by properly mailing his timely acceptance back to Janice, when is Leo’s acceptance effective?
- A contract will not meet the requirement of ___________________ if there is not a reasonably certain basis for a court to give an appropriate remedy if the contract is breached.
- Xander interviews Tom for a sales associate position. He offers to hire Tom for a 6-month contract term that will pay him a base salary plus a bonus in the amount of 1.5% of Tom’s total monthly sales, payable at the end of each quarter. Tom responds by saying, “That sounds good. We’ve got a deal. If all goes well in the future, I’d like to discuss the concept of those bonuses being paid monthly.”
- David’s Ice Cream runs a series of advertisements on social media. The advertisement promotes a sale of a “5-gallon tub of hand-churned ice cream for $1!” The 5-gallon tub of ice cream is actually on sale for $10, but the price in the advertisement was the result of a mistake made by an employee responsible for designing the advertisement. The advertisement ran for five days before anyone noticed the mistake. Choose the best answer.
- Judi purchased new interior carpeting at her medical practice from Alex, who installed the carpeting as part of their contract. The carpeting reacted to the adhesive Alex used in the installation process, causing the oce to be lled with toxic fumes. Consequently, the practice had to close for one week at a considerable loss of income to Judi. Judi and Alex have been negotiating over the resolution of Judi’s claim again Alex. Judi says to Alex, “I’ll agree to release any claims I have against you if you’ll pay me $20,000; otherwise I’m hiring a lawyer.” Alex responds by saying, “Judi, I can’t pay you $20,000.” Judi says, “Then Alex, we are done negotiating.” Alex responds by saying, “Okay, Judi, I’ll pay the $20,000 to put this behind me.” Has Alex effectively accepted Judi’s offer? Fully explain your answer.
- Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. During the telephone conversation, Gabby tells Esther that the salary offered by Esther is inadequate. Esther tells Gabby that she is no longer interested in hiring Gabby and hangs up. Gabby’s action constitutes a
- Which of the following events terminates an offeree’s power of acceptance?
JURI 530 Quiz 3 Liberty University
JURI 530 Quiz Determining the Meaning of the Contract
Covers the Learn material from Module 5: Week 5.
- NueGlazz, LLC manufactures glass used in specialty industrial and defense applications. Its salesperson provides a sample of its Impact!Glass material to ClosedCar, Inc., a manufacturer of specialized law enforcement vehicles. After seeing the sample and testing it, ClosedCar purchases a quantity of Impact!Glass and finds that it does not perform as well as the sample did. The contract between NueGlazz, LLC and ClosedCar, Inc. makes no reference to any warranty. Choose the best answer:
- Section 2-202 of the Uniform Commercial Code differs from the common law Parol Evidence Rule in which way?
- OfficeProducts enters into a paper-purchase agreement with Accounting Firm to sell all of the printer paper required at Accounting Firm’s headquarters. The paper-purchase agreement does not include an ending date. After performing the contract for two years, Accounting Firm wonders when its obligation to purchase paper from OfficeProducts ends. Choose the best answer:
- Which answer best describes priority of evidence of parties’ intent?
- Hair Salon contracts with Photographer to take photographs of Hair Salon’s new salon facilities for use in promotional materials. The contract does not define how many photographs Photographer has to take or precisely what Photographer is required to take pictures of. Photographer wonders what his specific obligations are to Hair Salon. Choose the best answer:
- Alan signs a purchase agreement to buy a used car from Dealer. The purchase agreement is a complete integrated agreement, prepared by the Dealer. However, the purchase agreement describes the vehicle purchased as a “Green 2020 Chevy Silverado.” There are two green 2020 Chevy Silverado vehicles on the Dealer’s lot, and a dispute arises regarding which one was the subject of the purchase
Choose the best answer: - If one party wants to introduce evidence not included in the parties’ integrated written contract, to explain the meaning of a term of the parties’ contract, what is the best argument for them to advance over a Parol Evidence Rule exception?
- In December, CarterCo contracts to sell and DanaCo to buy 200 watches specially designed for use by divers who perform industrial underwater welding. The agreement describes the watches as “deep ocean-rated diving timepieces.” Several of the watches fail when used by divers at a depth below 500 meters. CarterCo claims that 500 meters is too deep for the watches. DanaCo claims that the watches failed between 500 and 750 meters and that such use constitutes “deep ocean” diving. DanaCo seeks to introduce evidence that, in an earlier contract, back in February, CarterCo sold 100 of the same watches to DanaCo. Eleven watches from that contract failed when used below 500 meters too, and CarterCo replaced all of them. Which answer best describes DanaCo’s evidence?
- Which is the best definition of a merger clause?
- Where a contract for the sale of goods fails to include an express warranty term, the UCC will imply a warranty of
- Buyer and Seller enter into a written, completely integrated agreement for the sale of 1,230 “standard opening” plastic containers. A dispute arises regarding the meaning of “standard opening.” Choose the best answer:
- Seller enters into a contract with Buyer to sell three bulldozers to Buyer for $240,000 each. The written contract is completely integrated but does not contain a no-oral- modification provision. After the written contract is signed and before the contract is performed, Buyer and Seller agree over the telephone to increase the number of bulldozers to four, but to keep the price the same: $240,000 each. Assume the CISG applies to this transaction. Choose the best answer.
- In order to apply the Parol Evidence Rule to a written agreement, it is necessary to assess
- Mannie purchases a $350 set of outdoor patio-furniture covers from CoverSales. He buys the covers to protect his new outdoor patio furniture set. The packaging, advertising, and documentation that came with the covers were silent as to warranty. After a heavy rain, Mannie is disappointed to learn that all of his furniture is wet, and that as a result some of the metal parts on the furniture are rusted. When he calls CoverSales to complain, the CoverSales representative tells him that the covers do not come with any warranty and suggests that he purchase a new set of covers. Is the representative right that the covers do not come with any warranty? Fully explain your answer.
- Which of the following statements regarding the Parol Evidence Rule is true?
- In the process of determining the terms binding the parties, the court will apply which of the following rules?
- Caty makes steel belt buckles. Igor makes leather belts and needs a source for belt buckles. Caty and Igor agree that Igor will buy all of the belt buckles he needs for his belt production from Caty at a price of $1 per buckle for the next 12 months. The contract includes a provision stating that Igor estimates that he will need 175–200 buckles each month. Each month, Igor calls Caty and orders 175 buckles. After performing the contract for seven months, Igor calls Caty and places a monthly order of 1,200 buckles. Caty does not have enough buckles to fill this order. If she refuses to fill the order, is she in breach of her contract with Igor? Fully explain your answer, including any rule(s) necessary to support it.
- Gaston enters into a contract with Emma to sell three used cars to Emma for $2,500 each. The written contract is completely integrated but does not contain a no-oral- modification provision. After the written contract is signed and before the contract is performed, Gaston and Emma agree over the telephone to increase the number of cars to four, but to keep the price the same: $2,500 each. Choose the best answer.
- Courts sometimes will apply default legal rules to address issues the parties did not address in their contract. What is this process called?
- True or false: In a completely integrated agreement, any evidence of subsequent modification of a contract will not be excluded by the Parol Evidence Rule.