Comprehensive Resource To Help You Ace 2026-2027
Exams Includes Frequently Tested Questions With
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1. Estoppel - Correct Answer: A legal principle that bars a party from going back on his
or her word
2. Promisory Estoppel - Correct Answer: an equitable doctrine that prevents the
promisor from revoking the promise when the promise justifiably acts in reliance upon
the promise to his detriment an exception to consideration
3. Elements of Promissory Estoppel - Correct Answer: 1) The promisor made a promise
2) The promisor should have reasonably expected that the promisee would rely on the
promise
3) The promise actually relied on the promise and engaged in an action or forbearance
of a right of a definite and substantial nature
4) Injustice would be caused if the promise were not enforced
4. implied promises - Correct Answer: not specifically stated or written but capable of
being inferred by actions also counts as bargained-for-exchange and therefore,
consideration
5. Demurrer - Correct Answer: A motion to dismiss a case because the claim is legally
insufficient.
, written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on
the point that even if the facts alleged in the complaint were true, there is no legal basis
for a lawsuit
6. Parol Evidence - Correct Answer: any oral or written words outside the four corners
of a written contract inadmissible in court due to not being part of the contract
7. Intent to Contract - Correct Answer: A party's intent to contract is deemed to be
what a reasonable person in the position of the other party would think that the first
party's objective manifestation of intent meant.
does NOT look at the subjective intent of the parties
(outward intent v. inward intent)
8. Objective Theory of Assent - Correct Answer: "we must look to the outward
expression of a person as manifesting his intention rather than his secret and
unexpressed intention"
9. Test of Binding Obligation through Public Ads - Correct Answer: "Whether the facts
show that some performance was promised in positive terms in return for something
requested"
specific performance (selling of item, service provided, etc.) was promised in return for
something (money, a promise to uphold, etc.)
10. Commencement of Work - Correct Answer: begins when prep work for job begins
ex: loading the truck to take materials to job site
11. Withdrawn Offer - Correct Answer: Proposals may be withdrawn before acceptance
exceptions include specified time or reasonable time expired
12. Unilateral Offer - Correct Answer: -One way promise
-can be accepted only by the performance of a particular act
, -rewards for finding lost pets or items
13. Illusory Promise - Correct Answer: An offer that can be withdrawn or revoked prior
to acceptance by the offeree at any time by the offeror
NOT enforceable
Promise that imposes no obligation on the promisor
14. offer - Correct Answer: part of contract negotiations where a party agrees to do or
not do something in exchange for consideration
must be firm, not ambiguous, or vague
15. Consensus ad idem - Correct Answer: "Meeting of the minds"
16. a clear understanding between the parties of the terms of the contract and the
willingness to abide by them
17. Mistake Rule - Correct Answer: there must be consensus ad idem to have a binding
contract. parties must be talking about the same thing on all fronts
18. Legally dispositive facts - Correct Answer: a fact that, if proven with necessary
certainty, resolves a legal dispute on its own
19. Story-telling facts - Correct Answer: facts that paint a picture but don't necessarily
resolve a dispute
20. Procedural Posture - Correct Answer: a summary of how the case arrived in the
court
, 21. Hawkins v McGee - Correct Answer: "Hairy hand" case
Court ruled in Hawkins' favor 1929 and awarded damages for value between a good
hand and the actual hand
Dr. McGee approached Hawkins multiple times about getting surgery (skin graft),
promising to provide a "perfect hand" and removing scars received from touching an
electric wire. Resulted in hairy hand from transplanting skin from the chest. Hawkins
sued under breach of contract.
Hamer v Sidway - Correct Answer: Facts: A man promised his nephew that if he stopped
drinking, smoking, and gambling until he was 21 that he would pay him $5000. When the
nephew completed this agreement the uncle told him that he would hold onto the money and
let it collect interest. When the uncle died Sidway, the executor to the uncles estate woudl not
pay the money to Hamer, who now own the claim to the money, under the fact that he did not
have consideration.
Issue: did the original agreement show any consideration. in a agreement one must give up
something.
Decision: the court ruled in favor of Hamer because the legal rights given up by the nephew are
enough to satisfy consideration.
FIRAC - Correct Answer: Facts:
Issue:
Rule:
Analysis:
Conclusion: