Exam 5: An Introduction to Contracts

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Contract law is primarily derived from statutory law.

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In order to be binding,an agreement must contain a bargain or exchange between the parties.

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Business people regularly breach contracts because the decision to breach a contract is both a business and legal decision.

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Bespoke Designs Inc.,a custom suit maker,has a contract to purchase its suiting fabric from ABC Textiles.The dye used in the most recent order of fabric from ABC appears to be slightly different from the sample agreed upon in the contract and from orders in the past and will not work with Bespoke's product line.The manufacturer insists that the material is the same as previous orders.What should Bespoke consider at this point?

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Under what circumstances would a court apply the objective standard test?

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Identify and briefly describe the objectives that owners and managers should keep in mind when dealing with a customer who is attempting to expand or restrict an existing contract.

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Which of the following is a good reason to use a contract as opposed to having a casual understanding?

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An alternative to a contract is a casual understanding between the parties.Explain the disadvantages of casual understandings and outline the advantages of ensuring a business understanding is formalized by a contract.

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Luna Quan has been directed to attend a meeting tomorrow for the purpose of negotiating a new supply contract.It is vitally important that Luna pay particular attention during those negotiations to when simple business communications transform into legal obligations.

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Fatima needs to copy and bind five sets of legal submissions with beige covers,but none are left in the supply cabinet.The office manager offers to reimburse Fatima for the cost of the covers and buy her lunch from petty cash if she will dash to the nearby office supply store to buy them.Fatima agrees.What is the nature of the arrangement negotiated between Fatima and the office manager?

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A business should always insist on the strict observance and enforcement of its legal rights.

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Issues can arise in contractual relationships that will require owners and managers to be conscious of the fact that business relationships are long-term,and so is reputation.

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What sequence of procedures will a court follow when asked to determine a matter involving a contractual dispute between two large corporations?

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Explain the notion of equality of bargaining power and its impact on the operation of contract law.

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Alberta Carr,in his well-known article published in the Harvard Business Review,encouraged businesspeople to break the law to seek advantage in business negotiations.

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Any contract can be written or oral; each are equally enforceable.

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The purchase of stationery supplies from a retailer for cash,without an invoice or a receipt being provided in return,is an example of which of the following?

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What is a defining characteristic of the principle of equality of bargaining power?

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Individuals who negotiate a contract on behalf of their employer are bound to the contract along with their employer.

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All contracts are complex documents that must be prepared by lawyers.

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