Exam 9: Introduction to Contracts

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Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box.Lucy delivers the candy.Rick pays for the goods.This contract is fully executory.

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Explain what the Restatement of Contracts is and describe the role it plays in contract law.

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The Restatement of Contracts is a treatise drafted in 1932 by the American Law Institute (ALI),a group of lawyers,scholars,and judges.In the Restatement,the ALI attempted to codify what its members regarded as the best rulings of contract law.Although the Restatement did not become the law anywhere,it greatly influenced courts as they decided contracts cases.In 1979,the ALI issued an updated version,the Restatement (Second)of Contracts.This revised version reflected the changes in society,business,and judicial decisions since the first edition.

Larry goes to his barber who has cut his hair for the past several years.The barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area.This is an example of a:

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A resource that is not "the law," but is a codification of what the ALI regards as the best rulings of contract law and which is used by judges as a reference in deciding contracts cases is:

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Mike made the following offer to Mick: "I will pay you $500 if you agree to paint my house." Mick replied that he would.At this point,the contract is an:

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What is not required to establish promissory estoppel?

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Contracts for the sale of fabric,automobiles,computers,furniture,and paper clips would all be governed by Article 2 of the Uniform Commercial Code.

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The basic distinction between a bilateral contract and a unilateral contract is:

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Which of the following is not required under quasi-contract?

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Collector Carl displays his beer can collection at the local swap meet.Mary sees the collection and is interested in buying it.Carl says he will sell the collection for $1,500.Mary says she really likes the collection but is only willing to pay $1,000.Which of the following is correct?

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Dick offered to sell Jane his 1955 Thunderbird convertible.Before Jane can accept the offer,lightning strikes the car and it is totally destroyed.Which of the following is true?

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Preferred Contractors was a general contractor and owner of a condominium complex which was under construction.Barrett,a subcontractor,had been hired by Henderson Plumbing,another subcontractor,to help it complete the plumbing work on the project.When Henderson began using shoddy installation procedures and subsequently fell behind the scheduled completion time for the project,Preferred Contractors urged Barrett to correct Henderson's mistakes and to finish the job.Barrett refused to continue until he knew who would pay him,since he feared Henderson's financial position was shaky.Nonetheless,Preferred Contractors' job superintendent told Barrett to go ahead even if Barrett and Preferred Contractors had no contract because "he would use his influence to try to help Barrett get his money." Barrett finished the work and sent to Henderson a $7,500 bill,which was never paid.When Barrett later sent the bill to Preferred Contractors,these facts emerged: Preferred Contractors told him that due to Barrett's failure to notify Preferred Contractors promptly of Henderson's non-payment,Preferred Contractors had already paid Henderson in full and therefore would not pay twice for the work.Discuss the best possible theory of recovery Barrett may argue.

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Walter worked nights as a clerk in a fast-food store.On his last work shift,Walter's boss told him,"I'm really grateful for the year that you have worked here.I am going to give you a bonus of $500 in your last paycheck." When Walter got his last paycheck,there was no bonus.If Walter sues,the likely result will be:

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A contract is:

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Jennifer has offered to sell her computer for $1750 to Jack.She tells Jack that the computer is only six months old but,in fact,the computer is three years old,and Jennifer wants to unload the lemon.Jack agrees to buy the computer based on Jennifer's representations.This contract is:

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If there was no contract but a court finds that the plaintiff gave a benefit to the defendant,the plaintiff reasonably expected to be paid for the benefit and the defendant knew this,and the defendant would be unjustly enriched if he did not pay,the court:

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In the historic case of Hamer v.Sidway,the uncle's estate:

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Mary goes into Honest Harry's Electronics and purchases a big-screen TV.Mary agrees to pay for the TV in 30 days on the store's "30 days same as cash" plan.This is an executory contract.

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Zena enters into a contract with Steeley Company to purchase a washer and dryer.She doesn't understand the financing terms,but signs the agreement anyway because she needs the appliances.The financing terms are very unfavorable to Zena,and she is unable to make all of her payments when they are due.Steeley sues.The court would:

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When Myrtle comes home from work one evening,she finds that her yard has been mowed and trimmed.Later,a man comes to collect for the yard work done.Myrtle refuses to pay for the work since she has never seen the man before and did not hire him to do her yard work.Which of the following anss is most accurate?

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