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Exam 13: Introduction to Contracts

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Question 41

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Of the following, which was introduced by prominent legal scholars who were recruited by the American Law Institute?

A) The Restatement of the Law Second, Contracts.
B) The Convention on Contracts for the National Sales of Goods.
C) Common law.
D) Common law and the Convention on Contracts for the international Sale of Goods.
E) The Convention on Contracts for the National Sales of Goods and the Restatement of the Law Second, Contracts.

F) A) and E)
G) B) and E)

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Question 42

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This type of contract is sometimes referred to as an implied-in-law contract but are not actually contracts.

A) Fictional-contracts
B) Quasi-contracts
C) Implied-in-fact contracts
D) Expression contracts or implied-in-fact contracts
E) Simple contracts and quasi-contracts

F) A) and B)
G) D) and E)

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Question 43

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Which country has seven chapters of general provisions for contracts but also has chapters with special provisions for 15 different types of contracts?

In Baum v. Helget Gas Products, Inc., what was the outcome of the handwritten notes that were claimed to comprise an employment contract?

[Dog Training] Nia and Bruno enter into a written contract for Bruno to train Nia's dog. Under the contract, Nia is required to pay Bruno $20 for each training session. -Which of the following is true about void and voidable contracts?

[Wrong Deck] Gina hires Jackson over the telephone to paint her back deck. She tells him her address and agrees to pay him $200 for the job, and he accepts. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. Jackson had a little difficulty finding her house because he spilled coffee on the note where he wrote her address. When Jackson arrives, neither Gina nor her neighbor is at home. He mistakenly paints the neighbor's deck. Gina calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. When it is discovered that he mistakenly painted the neighbor's deck, Gina tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of the payment from Gina, because the contract is executed. -As of Tuesday when Jackson and Gina agreed upon the price for the job, what was the status of the agreement?

Brent and Gayle complete their contractual obligations to each other. This is known as a(n) ________.

[Wrong Deck] Gina hires Jackson over the telephone to paint her back deck. She tells him her address and agrees to pay him $200 for the job, and he accepts. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. Jackson had a little difficulty finding her house because he spilled coffee on the note where he wrote her address. When Jackson arrives, neither Gina nor her neighbor is at home. He mistakenly paints the neighbor's deck. Gina calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. When it is discovered that he mistakenly painted the neighbor's deck, Gina tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of the payment from Gina, because the contract is executed. -Which of the following statements is true about ESIGN?

In the U.S., which of the following are the two most important sources of contract law?

Generally, when determining whether a contract exists the ________ intent of the parties is not relevant; rather, what matters is how they represented their intent through their actions and words.

[Book Sale] Yasmeen offered to sell Dylan a used business law book for $50. She told him that he could use it in his upcoming business law class the next semester. However, there was a problem with the book; it was several editions old. Dylan was not aware of that fact, and neither was Yasmeen. When Dylan took the book to class and realized the problem, he went back to Yasmeen requesting a refund. Yasmeen refused to return his money. She claimed that she did not commit fraud because subjectively she thought that the book was correct, and that a binding contract existed. The book, however, is outdated and cannot be appropriately used in the class. -Which analysis of the effect of the discovery that Dylan has a book that is not appropriate for the class would be correct?

The purpose of a covenant not to compete, in the employer/employee context, is to restrict what an employee may do after leaving a company.

Which of the following references the requirement that a contract not be either illegal or against public policy?

Which of the following is a definition for consideration?

[Dog Training] Nia and Bruno enter into a written contract for Bruno to train Nia's dog. Under the contract, Nia is required to pay Bruno $20 for each training session. -What type of contract is the dog training contract?

Congress passed ESIGN for what purpose?

A contract is ________ for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.

A[n] ________ arises when a person acknowledges in court that he or she will perform some specified act or will pay a price upon failure to do so.

If a contract is for the sale of goods, it falls under Article 2 of the UCC; if it is for anything else, it falls under ________.

The response that the offeror expects from the offeree determines whether a contract is bilateral or unilateral.