Exam 10: Contracts and Sales: Introduction and Formation

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E-Sign is a federal law that requires written signatures for electronic contracts to be valid.

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Explain the differences between the new UCC and the old UCC.

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Trevor Jones accepted a summer internship with Hailey & Thomas, a management consulting firm. The negotiations and offer were all oral. Hailey & Thomas' managing partner did send a letter with the following language: Welcome to Hailey & Thomas. We are looking forward to working with you. When you arrive in New York, please call me so that we may help you locate lodging for the summer. Discuss whether Trevor has a contract and if he has sufficient proof of its existence. Also discuss whether the agreement needed to be in writing.

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The agreement did not need to be in writing since it was a contract for less than one year. Even if the contract did need to be in writing, Trevor probably has sufficient evidence with the letter from the managing partner.

A unilateral contract requires a promise from only one party; the other party simply performs in order to form the contract.

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Predatory lending involves high interest rates and title loans.

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Some states treat a usurious contract as void.

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Which of the following contracts must be in writing to be enforceable?

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Julia Pitt runs a boutique that specializes in luggage and travel items. Julia contacts Tumi Luggage about carrying its line of messenger satchels. The Tumi representative tells Julia that Tumi would be happy to sell her 100 Tumi Black Messenger bags for $318 each. Julia is happy with the price and asks Tumi to send the bags. The Tumi representative then faxes a confirmation of the shipment of the 100 bags at $318 each. Julia receives the fax. When the bags arrive, Julia contacts Tumi and says there is a business downturn and that she does not want the bags and that there was no contract anyway.

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The new UCC rule for additional terms in acceptance is "terms later".

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The subprime lending market is also called the predatory lending market.

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Cindy Nanson had a contract with Bob Greenly for Bob to repay Cindy $2000 plus interest by July 2010. It is now August 2014 and Cindy has not received any payment. Cindy wishes to file suit to collect the $2000. Bob reminds her that the statute of limitations for contract suits is four years. Cindy's contract with Bob is:

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Marc offers to sell his car to LaTonya for $15,000. LaTonya is the offeree.

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Contracts for the sale of real property are governed by the Uniform Commercial Code.

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Contracts for the sale of land must be in writing to be enforceable.

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Under the revised and new UCC, a contract for the sale of a car for $700 need not have a record of the contract to be enforceable.

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Abe and Gabriel entered into a contract for Abe to furnish landscaping services for Gabriel's office complex. The contract provides the fee will be $75 per month. At the time Gabriel signs the agreement, the two discuss the fact that the services required in the winter will be less and the fee will be reduced to $50 per month. Abe adds as Gabriel is signing, "I just forgot to put that sliding scale in this contract. Don't worry - I'll take care of it because we understand each other." Gabriel:

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What is the difference between a void and a voidable contract?

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When an issue of the parties' intent is in question, courts will use an objective standard as the test.

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Revocation can be valid any time prior to acceptance.

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Which of the following contract subject matters must be evidenced by a writing to be enforceable under the statute of frauds?

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