Exam 8: Contracts: Enforceable Agreements

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"Dear Lawyer, Before we married my husband and I had an agreement that, if I married him, he would give me certain things. We texted about things he promised me, like jewelry and a car, and an email states he was to have his attorney draw up a prenup prior to our marriage. He lives in Ohio and I live in Colorado. He arrived in Colorado one day before our wedding without the prenup. While here he spoke with two of my children and two of my friends about the terms of our prenup and what he would be giving me after we wed. After being together for 3 1/2 months, he threw me out for no reason other than 'Sometimes I want to be married and sometimes I don't.' Am I entitled to the stuff he promised me?"​

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C

Performance of a single contract (e.g., the sale/purchase of a pizza in a fast food outlet) requires the prior performance of many other contracts by other persons.​

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Contracts with unlicensed persons are unenforceable by the unlicensed person if the purpose of the licensing statute is to protect the public from unqualified practitioners.​

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The statute of frauds,​

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________________ consists of two parts: bargained-for exchange and something of legal value.

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Janquese attended a meeting on March 4, 2004, where he met Bradshaw. Janquese orally contracted to hire Bradshaw as a service representative for ten months. Bradshaw was required to begin work on June 26, 2004. Before Bradshaw begins performance,​

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A minor's contracts are generally ____________ by the minor, but are valid and _________________ on the adult with whom the minor is dealing.​

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The validity of a contract that has been fully performed cannot be challenged for failure to comply with the statute of frauds.​

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Which of the following choices best completes this sentence? An adhesion contract is one​

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Under long-established law, minors generally have the power to avoid liability for their contracts. They seldom exercise this power, even though they make annual purchases measured in the billions  of dollars. What are some possible explanations for this seemingly strange state of affairs?​

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What are three essential elements of an offer?​

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The statement "If you wash my car, I will pay you $10" is an example of an offer to form a bilateral contract. ​

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In sales of new or used goods by merchants, probably the most important warranty is that of ________________ , unless it was expressly ___________________ by stating that the goods were sold​

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Broadnorf Warbeagle is specifically designated to receive cash benefits of $2,000 from Ferd under a contract solely between Cantwell and Ferd. Cantwell owes Broadnorf $4,000. Ferd had never heard of Broadnorf before his recent contract with Cantwell. ​ Broadnorf Warbeagle appears to be a​

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The holding in the end of chapter case of Hamer v. Sidway was that oral testimony of prior negotiations cannot be introduced to vary the terms of a integrated contract.​

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A quasi-contract is​

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A breach of contract leads to a claim of ____________ damages by the innocent party to the contract.​

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The band "The Colorfast Tattoo" signs a contract to sing at the Hornet Theatre. The band and the owner agree that they will include a liquidated damage clause in the contract. Let's really make the  penalty stiff: so whoever breaches has to pay the other guy one hundred grand." This sum was far above either "The Colorfast Tattoo's" usual payment or the profits the promoter expected from the performance. Is this clause valid? Explain your answer​

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Promising to do something that one does not have an obligation to do in reply to a request from another usually constitutes:​

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Andorra orally agrees to work on Brook's farm in the Matanuska Valley near Fairbanks, Alaska. Under their contract, Andorra will remain through two growing seasons, for a period of 15 months.  Compensation will be room and board plus $500 paid each month and $50,000 paid at the end of the 15-month term. All goes well for six months, through the first harvest. Then Brook, because of domestic difficulties, sells the farm and fires Andorra. What legal remedy, if any, does Andorra have?​

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