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Illusory Promise --- correct precise answers ---a promise that is
unenforceable due to indefiniteness or lack of mutuality, where only
one side is bound to perform.
What do you think Justice Cardozo means by his use of the term
"sacred talisman" in the following sentence:
"The law has outgrown its primitive stage of formalism when the
precise word was the sovereign talisman, and every slip was fatal It
takes a broader view to-day. A promise may be lacking, and yet the
whole writing may be 'instinct with an obligation,' imperfectly
,expressed." --- correct precise answers ---Precise words are not
required for a contract to be enforceable in modern courts.
How do you think the court would have ruled in Lucy if Lucy, the
buyer of Ferguson Farms, had known that Zehmer, the seller, was just
kidding? --- correct precise answers ---Lucy would not be entitled to
specific performance or damages.
Specific Performance --- correct precise answers ---A contractual
remedy in which the court orders a party to actually perform its
promise as closely as possible, because monetary damages are
somehow inadequate to fix the harm.
,Define the term, "parol evidence": --- correct precise answers ---
Evidence of a prior or contemporaneous agreement introduced in
court in order to modify, explain, or supplement the contract at issue.
Define, "Consensus ad idem" --- correct precise answers ---meeting of
minds, mostly used in contract law, which refers to the fact that there
is an agreement among the parties to contract.
Your boss, a car dealer wants to publish the following ad on the
company's website:
Year/Make/Model: 2007 Hando Concurrent Sedan EX V6
Vin#: 1294671254404
List price:$27,995
2007 asking price: $25,525
, He asks you, his legal expert, if this ad is an offer or an invitation to
make an offer. What is your opinion, based on Lefkowitz? --- correct
precise answers ---It's an invitation because no performance is
promised in return for something requested.
A "unilateral offer" is: --- correct precise answers ---An offer which
may be withdrawn without notice before acceptance by an offeree.
"The roof on my barn was damaged in last week's storm. If you will
repair the roof by the end of the week I will pay you $2000.
(signed)"Owen Owner"
Upon receiving Owner's letter, Roofer begins to repair the roof. Which
of the following statements is correct? --- correct precise answers ---
A binding contract has been formed.