PRACTICE Questions And Answers
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What types of contracts violate public policy? Choose 3 ANSWERs. - ANSWER -
1. employment contracts that forbid membership in a union
2. conducting trade with a country that is an enemy to the United States
3. a candidate for public office paying his competitor to retire
What legal limitations are imposed on parties to assignments and delegations?
Choose 3 ANSWERs. - ANSWER -1. Contracts that are for a service that depends
on a particular skill or talent may not be delegated.
2. A contract cannot prevent an assignment of the right to receive funds.
3.the assignee obtains only the rights that the assignor had under the contract.
What is the test for whether a contract is governed by the Statute of Frauds
because of the one-year rule? - ANSWER -The contract must be objectively
impossible to perform within one year.
Which of these types of contracts must be in writing under the requirements of the
Statute of Frauds? Choose 3 ANSWERs. - ANSWER -1. promises made in
consideration of marriage
2. contracts for the sales of land
3. collateral promises to pay the debt of another person
Ellen offers to sell her 1997 Mustang convertible to Fred for $2,000. Fred agrees
to pay $2,000 for Ellen's Mustang. Before Fred picks up the Mustang, Ellen
discovers that the Mustang is considered a classic car and is worth much more than
$2,000. Ellen refuses to sell the Mustang to Fred, stating that the consideration is
insufficient. If Fred tries to enforce the deal by taking Ellen to court: - ANSWER -
the court would probably enforce the deal because there was valid consideration on
both sides
Zayn boards the Big Rock Metro to ride downtown to his job. Zayn gives his
money to the driver and takes his seat. Neither the driver nor Zayn says anything.
Zayn and the bus driver: - ANSWER -have an implied contract.
, Lupita enters into a contract with Faith to purchase a used car. At the time they
sign the contract, Lupita appears to be very intoxicated. Faith notices this but signs
the contract anyway. If Lupita later decides she wants to get out of the contract: -
ANSWER -Lupita can raise the defense of lack of contractual capacity due to
intoxication.
Elvis agrees to provide guitar lessons to Angela's niece for three months for $600.
Angela decides her niece really is not interested in guitar lessons, and assigns her
rights under the contract to Jose, so Jose can use the lessons for his daughter. When
Jose contacts Elvis to set up the first guitar lesson for his daughter: - ANSWER -
Jose cannot enforce the contract against Elvis because the contract is for personal
services.
Midwest Life Insurance sells a life insurance policy to Thiago. Under the terms of
the contract between Thiago and Midwest Life, Thiago will pay $75 per month for
the policy, and, upon Thiago's death, Midwest Life will pay $100,000 to Laurelei.
Four years later, Thiago dies, and Midwest refuses to pay under the terms of the
policy. The party entitled to sue Midwest for its failure to honor the terms of the
contract is: - ANSWER -Laurelei, because she is a creditor beneficiary.
You own a lawn care service. A new customer calls and asks that you mow and
weed eat her lawn. You tell her the price will be $150 and she agrees. You show up
while she is at work and get the lawn mowed and the weed eating done by the time
she gets home. Unfortunately, when she gets home, you discover that you have
serviced the lawn of your customer's next-door neighbor instead of hers!
Do you think you have any chance of getting any money from the neighbor for the
services you have provided? - ANSWER -Yes, the neighbor will have to pay you a
reasonable price (not necessarily the contract price) for the work.
Which mistake is likely to be voidable? - ANSWER -bilateral mistake
Which of these contracts would be enforceable, despite the existence of a mistake?
Choose 2 ANSWER choices. - ANSWER -1. Christopher agrees to sell his washer
and dryer to Ella. Ella thinks the dryer uses gas instead of electricity, but she is
incorrect.
2. Christopher agrees to sell his washer and dryer to Ella in "as is" condition. Ella
thinks the set is in excellent condition and is willing to take a chance on buying it.
Neither works after a few weeks of use.