BLAW Test 3
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| Aunt Ellie promises her 21 yr old nephew, Robbie, that she will pay him $100 if he quits smoking for a month. If Robbie does, is there a binding contract? | show 🗑
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| show | $60, since the modified agreement is supported by additional consideration.
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| An undisputed debt is: | show 🗑
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| Andrew agrees to paint Rosalene's house to $500. 2 days after he starts the job, he decides $500 isn't enough....... What principle applies to this fact situation? | show 🗑
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| A(n)________________ is a measure designed to protect the public from unqualified practitioners. . | show 🗑
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| Which of the following would generally be considered to be a revenue-raising licensing law? | show 🗑
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| show | Illegal wagering agreement.
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| show | May dis-affirm this executory contract because, while clothing, in general is classified as a necessary, a new prom formal would probably not be classified as a necessary.
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| The UCC Article 2 statue of frauds provision applies to the sale of goods for the price of ____________ or more. | show 🗑
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| Which of the following promises in consideration of marriage would be outside the statute of frauds? | show 🗑
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| show | (1) The goods are to be specially manufactured for the buyer and the seller has made a substantially beginnin of their manufacture.; (2) A party admits in an answer to a complaint in a lawsuit.... (3) Delivery and acceptance of the goods has been made.
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| Which of the following duties would not be delegable? | show 🗑
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| show | An incidental beneficiary
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| Darrell owns a parcel of land that is encumbered by a mortgage held by the First National Bank. Darrell agrees to sell the land to Paul for $500,000. Darrell and Paul together go to the First National Bank to discuss the sale and purchase with the banker | show 🗑
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| Jack recently borrowed $50 from Ricardo for a couple of weeks. Jack, still short of cash, tells Ricardo, "I will wash and wax your car in exchange for the $50 I owe you." Ricardo tells Jack, "Ok, that's great!" Jack's performance of his new duty will be: | show 🗑
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| On November 1, Paula and Roberta enter into a contract where both parties are obligated to perform on December 31. On December 1, Paula tells Roberta, "I can, in no way, perform my duties in our contract." This statement is: | show 🗑
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| show | Yes, and there is a condition precedent to the contract.
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| show | Anita has no recourse against Bryan, because she agreed to the subjective standard.
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| show | Materially breached the contract by substantially interfering with or preventing Austin's performance.
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| A contractor and Southampton, Inc. have a contract, which calls for the contractor to build a building with the completion by June 15. If the building is not completed by that date, the contract calls for the contractor to pay $100 per day in damages. | show 🗑
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| show | TRUE
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| The term "past consideration" is not really a consideration at all because the law will not find a contract where there is no bargained-for-exchange. | show 🗑
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| show | TRUE
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| show | TRUE
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| show | False
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| show | When fraud occurs... permits intentionally defrauded party to recover general damages that are equal to the difference between the value of what she has received and the value of the fraudulent party's performance as represented
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| Specific Performance | show 🗑
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| Enforcement of disputed debt | show 🗑
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| show | Promise unenforceable due to indefiniteness or lack where only one side is bound to perform. An ex.of this would be an agreement between a seller & buyer which states that the seller "agrees to sell all of the ice cream he wants to" to the buyer.
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| Enforcement of new consideration for a pre-existing obligation | show 🗑
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| Enforcement of non-compete clause | show 🗑
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| Substantive Unconscionability | show 🗑
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| show | Is one that the courts will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a contract for murder.
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| Void Contract | show 🗑
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| What terms have first priority in a contract? | show 🗑
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| show | The executor administrator provision applies to promises of an executor of a decedent's creditors
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| show | is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that discloses an ambiguity and clarifies it or adds to the written terms of the contract that appears to be whole.
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| Delegation | show 🗑
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| Donee Beneficiary | show 🗑
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| What is not required for an effective assignment? | show 🗑
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| show | the substitution of a new contract in place of an old one.
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| show | Release is completed by transfer of valuable consideration thtmust not be the actual performance of the obligation.Accord is the agreement to discharge the obligation and satisfaction is the legal "consideration" which binds the parties to the agreement.
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| show | pertains to law of contracts, takes place when unexpected circumstances undermine the purpose of the contract. For the principle of frustration of purpose to apply, both parties must have been aware of the primary purpose for the contract to begin with.
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| show | At common law, substantial performance is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract.
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| show | Hardship clause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an excessive burden being placed on one of the parties involved.
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