L201 Graded Quiz 7 Q&A 100% Correct Rated 2023 Update

James goes to a dentist to have a tooth extracted. James never signs a written contract for this service, and he and the dentist never made an oral agreement either. Later, the dentist bills James who refuses to pay. The dentist sues James. Which of the following is true? A. The dentist can recover under the doctrine of promissory estoppel. B. The dentist cannot recover because there was no express contract. C. The dentist cannot recover under an implied contract theory. D. The dentist can recover under a theory of quasi-contract liability. - ANS-D. The dentist can recover under a theory of quasi-contract liability. Explanation: A quasi-contract represents an obligation imposed by law to avoid injustice, not a contractual obligation created by voluntary consent. True or False: Many Restatement (Second) provisions are similar to their analogous provisions in UCC Article 2. - ANS-True Explanation: Many Restatement (Second) provisions are virtually identical to their Code analogues. In Thomas v. Archer, the case in the text, the Alaska Supreme Court held that the trial court erred when it decided that: A. there was no actual promise. B. the Thomases failed to show a substantial change in position. C. the Thomases change in position was not foreseeable. D. enforcement of the promise was not necessary in the interest of justice. - ANS-B. The Thomases failed to show a substantial change in position Explanation: The court found that the trial court erred when it concluded that even if all other elements of promissory estoppel were met, the Thomases "fail to show a substantial change in position" because of Rachel's testimony that she "would have gone to Swedish even if she knew the [medivac] would not be covered." True or False: The mutual agreement necessary to create an express contract must be evidenced by a writing. - ANS-False Continues...