Question 1

In a _____________ contract, the offeror wants a performance to form the contract.

Accepted Answer

A)   Trilateral.
B)   Bilateral.
C)   Unilateral.
D)   Complete.
E)   Anticipatory.F) A) and B)
G) B) and E)

Question 2

Set forth the ways in which an offer can terminate.

Accepted Answer

An offer can terminate in the following ...

Question 3

Discuss the meaning of a void contract and a voidable contract, and the effect of a determination that a contract is voidable after one party has fully or partially performed.

Accepted Answer

A void contract is, in effect, not a con...

Question 4

The law of contracts is primarily _______________ law.

Accepted Answer

A)   Civil.
B)   Statutory.
C)   Common.
D)   Restated.
E)   Modified.F) B) and C)
G) A) and C)

Question 5

Which of the following is false regarding how the Japanese tend to view contracts?

Accepted Answer

A)   The Japanese tend to view contracts as ongoing relationships.
B)   The Japanese tend to view contracts as relationships in which parties work with each other to smooth out any problems that arise in performance.
C)   The Japanese tend to be suspicious of long, detailed contracts.
D)   The Japanese have a preference for flexible contracts.
E)   The Japanese do not desire that any terms be left to be decided later.F) A) and E)
G) None of the above

Question 6

What was the result in the case nugget, Lefkowitz v. Great Minneapolis Surplus Store, Inc., involving an advertisement for the sale of fur coats?

Accepted Answer

A)   The court ruled that the advertisement was not an offer because it involved a luxury good.
B)   The court ruled that the advertisement was an offer but that the customer who was suing had not properly accepted it.
C)   The court ruled that the advertisement was not an offer because it was a ridiculously low offer which the plaintiff should have known was not to be taken seriously.
D)   The court ruled that the ad was not an offer because ads are never offers, only invitations for customers to make an offer.
E)   The court ruled that the ad was an offer and that the plaintiff properly accepted it.F) B) and E)
G) All of the above

Question 7

Which of the following represents the legal ability to enter into a binding agreement?

Accepted Answer

A)   Majority.
B)   Emancipation.
C)   Contractual knowledge.
D)   Contractual capacity.
E)   Informed consent.F) B) and D)
G) All of the above

Question 8

Which of the following is the first element of a contract?

Accepted Answer

A)   An agreement.
B)   Intent.
C)   An offer.
D)   An acceptance.
E)   A writing.F) A) and B)
G) C) and E)

Question 9

What was the result in Janky v. Batistatos, Lake County Conventions & Visitations Bureau, the case in the text in which it was claimed that an e-mail constituted acceptance of a settlement offer?

Accepted Answer

A)   That the e-mail was insufficient to constitute an acceptance because of its electronic nature.
B)   That the e-mail was insufficient to constitute an acceptance because no settlement funds were forwarded in conjunction with the e-mail.
C)   That the e-mail was insufficient to constitute an acceptance because the parties had not specifically agreed that acceptance could be made in that manner.
D)   That the e-mail was insufficient to constitute an acceptance because it was insufficiently specific.
E)   That the e-mail was sufficient to constitute an acceptance.F) A) and B)
G) B) and D)

Question 10

A contract is _______________ if one or both of the parties have the ability to either withdraw from the contract or enforce it.

Accepted Answer

A)   Voidable.
B)   Executory.
C)   Implied.
D)   Executed.
E)   Void.F) A) and D)
G) B) and E)

Question 11

Which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired?

Accepted Answer

A)   Forty-eight hours.
B)   Seven days.
C)   Thirty days.
D)   Forty-five days.
E)   There is no set amount of time, and what constitutes a reasonable amount of time varies depending upon the subject matter of the offer.F) C) and D)
G) B) and E)

Question 12

In which of the following does a contract arise not from words but from the conduct of the parties?

Accepted Answer

A)   Implied contracts.
B)   Express contracts.
C)   Liquidated contracts.
D)   Bilateral contracts.
E)   Unilateral contracts.F) A) and D)
G) A) and C)

Question 13

If the subject matter of an offer becomes illegal, what is the result?

Accepted Answer

A)   The offer immediately terminates.
B)   There is no effect as long as the offer was made at least one day before the subject matter of the offer became illegal.
C)   There is no effect as long as the offer was made at least ten days before the subject matter of the offer became illegal.
D)   There is no effect as long as the offer was made at least fifteen days before the subject matter of the offer became illegal.
E)   There is no effect as long as the offer was made at least thirty days before the subject matter of the offer became illegal.F) A) and B)
G) A) and E)

Question 14

Inez, wishing to sell a used business law book, calls Janice and tells her that if she does not hear from her within twenty-four hours, she will assume that Janice wishes to purchase the book for $50. After the expiration of twenty-four hours, which of the following is correct regarding the status of the proposed book sale?

Accepted Answer

A)   There is no contract because silence, as a general rule, cannot be used to form a contract.
B)   There is no contract because the offer was not made in person.
C)   There is no contract because the offer was not made in writing.
D)   Janice can avoid there being a contract only if she can prove by preponderance of the evidence that she did not hear about the offer before the stated expiration time.
E)   Janice can avoid this being a contract only if she can prove beyond a reasonable doubt that she did not hear about the offer before the stated expiration time.F) C) and D)
G) C) and E)

Question 15

Define and give an example of an express contract and an implied contract.

Accepted Answer

Express contracts have all their terms c...

Question 16

The term __________________ comes from the days when the contract was literally sealed by a piece of soft wax into which an impression was made.

Accepted Answer

A)   Implied-in-fact contracts.
B)   Implied-in-law contracts.
C)   Contracts under wax.
D)   Contracts under seal.
E)   Contracts under pressure.F) A) and B)
G) A) and C)

Question 17

Today's law of contracts originated from judicial decisions in ________.

Accepted Answer

A)   France.
B)   Italy.
C)   Spain.
D)   England.
E)   Switzerland.F) B) and C)
G) None of the above

Question 18

An offeror has no right to terminate an offer.

Accepted Answer

A) True 
 B)False

Question 19

Reference - Saturday Auction. Barry, an auctioneer, was holding an auction on a Saturday morning. At the beginning of the auction, Barry announced that the auction was being held without reserve. Helen, Mary, and Chris were all in attendance. Helen saw an old cash register with a stuck drawer that she thought would look great in her den. The auctioneer put the cash register up for sale, noting that the drawer was stuck and that no one really knew what was inside. Helen bought it for $20. At the same auction, Mary saw a great deal on a used table. She bid $20 on it. No one else bid anything. Barry announced that $20 was clearly insufficient for the table, that it was worth much more than that, and that he was taking it out of the auction. Chris started bidding on a diamond ring for his girlfriend. He bid $2,000. Just as Barry was getting ready to say "Sold", Chris looked over at his girlfriend, decided that he was not sure about marriage, and leaped up yelling "I revoke." Barry, however, immediately yelled "Sold." When she got it home and broke into it, Helen discovered that the cash register actually contained $5,000. Unfortunately, Helen had a teenage son named Tad who started bragging to his friends about the family's good fortune. Barry heard about what had happened and sued Helen for return of the $5,000. Mary sues Barry attempting to obtain possession of the table. Barry sues Chris attempting to enforce a contract for the sale of the engagement ring. What is the likely result in the lawsuit Barry brought against Chris?

Accepted Answer

A)   Chris will win because he properly revoked his bid before it was accepted.
B)   Chris will win because bids made at an auction may be revoked at anytime within ten days after the auction.
C)   Chris will win because bids made at an auction may be revoked at anytime within five days after the auction.
D)   Chris will win because bids made at an auction may be revoked at anytime within one day after the auction.
E)   Barry will win because Chris had no right to revoke the bid.F) B) and D)
G) All of the above

Question 20

Courts interpret contracts using an objective standard.

Accepted Answer

A) True 
 B)False

Exam 8: Real, Personal, and Intellectual Property

Correct Answer
verified

Which of the following represents the legal ability to enter into a binding agreement?

Correct Answer
verified

Which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired?

Correct Answer
verified

What was the result in the case nugget, Lefkowitz v. Great Minneapolis Surplus Store, Inc., involving an advertisement for the sale of fur coats?

Correct Answer
verified

In a _____________ contract, the offeror wants a performance to form the contract.

Correct Answer
verified

The law of contracts is primarily _______________ law.

Correct Answer
verified

If the subject matter of an offer becomes illegal, what is the result?

Correct Answer
verified

Which of the following is false regarding how the Japanese tend to view contracts?

Correct Answer
verified

In which of the following does a contract arise not from words but from the conduct of the parties?

Correct Answer
verified

Correct Answer
verified

Set forth the ways in which an offer can terminate.

Correct Answer
verified
An offer can terminate in the following ...
View Answer

Discuss the meaning of a void contract and a voidable contract, and the effect of a determination that a contract is voidable after one party has fully or partially performed.

Correct Answer
verified
A void contract is, in effect, not a con...
View Answer

A contract is _______________ if one or both of the parties have the ability to either withdraw from the contract or enforce it.

Correct Answer
verified

What was the result in Janky v. Batistatos, Lake County Conventions & Visitations Bureau, the case in the text in which it was claimed that an e-mail constituted acceptance of a settlement offer?

Correct Answer
verified

Today's law of contracts originated from judicial decisions in ________.

Correct Answer
verified

Courts interpret contracts using an objective standard.

Correct Answer
verified

The term __________________ comes from the days when the contract was literally sealed by a piece of soft wax into which an impression was made.

Correct Answer
verified

An offeror has no right to terminate an offer.

Correct Answer
verified

Define and give an example of an express contract and an implied contract.

Correct Answer
verified
Express contracts have all their terms c...
View Answer

Which of the following is the first element of a contract?

Correct Answer
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Exam 8: Real, Personal, and Intellectual Property

Correct AnswerverifiedShow Answer

Which of the following represents the legal ability to enter into a binding agreement?

Correct AnswerverifiedShow Answer

Which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired?

Correct AnswerverifiedShow Answer

What was the result in the case nugget, Lefkowitz v. Great Minneapolis Surplus Store, Inc., involving an advertisement for the sale of fur coats?

Correct AnswerverifiedShow Answer

In a _____________ contract, the offeror wants a performance to form the contract.

Correct AnswerverifiedShow Answer

The law of contracts is primarily _______________ law.

Correct AnswerverifiedShow Answer

If the subject matter of an offer becomes illegal, what is the result?

Correct AnswerverifiedShow Answer

Which of the following is false regarding how the Japanese tend to view contracts?

Correct AnswerverifiedShow Answer

In which of the following does a contract arise not from words but from the conduct of the parties?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Set forth the ways in which an offer can terminate.

Correct AnswerverifiedAn offer can terminate in the following ...View AnswerShow Answer

Discuss the meaning of a void contract and a voidable contract, and the effect of a determination that a contract is voidable after one party has fully or partially performed.

Correct AnswerverifiedA void contract is, in effect, not a con...View AnswerShow Answer

A contract is _______________ if one or both of the parties have the ability to either withdraw from the contract or enforce it.

Correct AnswerverifiedShow Answer

What was the result in Janky v. Batistatos, Lake County Conventions & Visitations Bureau, the case in the text in which it was claimed that an e-mail constituted acceptance of a settlement offer?

Correct AnswerverifiedShow Answer

Today's law of contracts originated from judicial decisions in ________.

Correct AnswerverifiedShow Answer

Courts interpret contracts using an objective standard.

Correct AnswerverifiedShow Answer

The term __________________ comes from the days when the contract was literally sealed by a piece of soft wax into which an impression was made.

Correct AnswerverifiedShow Answer

An offeror has no right to terminate an offer.

Correct AnswerverifiedShow Answer

Define and give an example of an express contract and an implied contract.

Correct AnswerverifiedExpress contracts have all their terms c...View AnswerShow Answer

Which of the following is the first element of a contract?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
An offer can terminate in the following ...
View Answer

Correct Answer
verified
A void contract is, in effect, not a con...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified
Express contracts have all their terms c...
View Answer

Correct Answer
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