Exam 10: Contracts

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In DCS Sanitary Management v. Castillo, where a company had employees agree not to work for any competitors within 100 miles of any customer of DCS, the appeals court held that the agreement:

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A

The economic loss rule holds that in case of a breach of contract, only economic losses, not such things as mental distress, will be compensated.

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True

Termination of an offer by the parties involved can be done by all of the following except:

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C

A doctrine to avoid injustice that is used by the courts to bind a promisor to promises that a reasonable person would rely upon without consideration, is called:

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The courts may impose obligations on one party to a dispute to avoid unjust enrichment to the other party. This is called:

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A contract can be discharged by:

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The basic elements of a contract include agreement, lawful subject matter, legal capacity, consent, and:

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The ____ evolved in commerce over the centuries.

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Consideration is defined as something of value or something bargained for in exchange for a promise. Normally, if consideration is absent:

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An intoxicated person has no capacity to contract.

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If the values of the items exchanged in a contract are unequal courts generally:

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Express contracts must be in writing to be valid.

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An effective acceptance must be:

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When the party who breaches a contract has behaved maliciously and committed a tort, the court may want to discourage such behavior in the future by imposing what damages besides regular damages?

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____ is the legal ability to create a contract.

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An offeror can terminate an offer by:

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When a breach of contract occurs, the non-breaching party is required to:

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If Scott makes a nonbinding promise to Lee and then fails to fulfill it:

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The Statute of Frauds requires that a promise to pay debts of another person must be in writing to be a valid contract.

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A binding promise may be defined as:

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