Exam 11: Introduction to Contracts

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All oral contracts are quasi-contracts until they are completely executed.

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Robert,a minor,buys a stereo from Jane for $200.State law allows a minor to disaffirm contracts within a reasonable time after turning 18.Robert disaffirms the contract the day after turning 18 and returns the stereo.

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Preferred Contractors was a general contractor and owner of a condominium complex that 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 a $7,500 bill to Henderson,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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Barrett's best theory for recovery is quasi-contract.Barrett will need to show three elements: 1)Barrett gave some benefit to Preferred Contractors.2)Barrett reasonably expected to be paid for the benefit and Preferred Contractors knew this.3)Barrett must show that he should receive the reasonable value of the services in order to avoid the unjust enrichment of Preferred Contractors.Barrett should argue that Preferred Contractors' business and financial well-being have been enhanced unjustly by his completion of the job.

An express contract

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Under a contract,Danielle is required to paint a room with paint chosen by the homeowners,the Flynns.After Danielle paints the room according to the contract requirements,her duties under the contract are discharged.

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ACME,Inc.is a software producer that entered into a verbal agreement with XYZ Corporation wherein XYZ agreed to buy ACME's newly developed software.The agreement also provided that ACME would supply training personnel,as well as technical personnel,to work with XYZ employees in installing and learning the software.What law governs this agreement?

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List and briefly describe the seven key characteristics that must be present for a contract to be enforceable.

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Miles purchased a lawnmower with an attached warning that said,"The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer,he will most likely

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Paid surrogacy contracts are viewed by the legislative majority in all states as immoral and illegal.

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Which of the following represents a unilateral offer?

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

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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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The courts will find an implied contract when

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Which of the following types of property would be considered "goods" under the Uniform Commercial Code?

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Mary goes into Honest Harry's Electronics and purchases a 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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Alex promises to pay $100 to anyone who finds his lost watch.Kate finds and returns the watch to Alex after hearing of the reward money.Alex and Kate have an enforceable unilateral contract.

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As English judges were developing the common law of contracts in the twelfth and thirteenth centuries,

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One of the factors leading courts away from a laissez-faire approach to contract law was

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Valerie promises Teresa that she will pay Teresa $75 if Teresa will clean Valerie's house by noon on Saturday.If Teresa cleans the house by noon on Saturday and Valerie pays the $75,then this is an implied,bilateral,executory contract.

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A valid contract can legally be voided by either party.

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