Question 1

What is a "gratuitous promise"?

Accepted Answer

A one-sided agreemen

Question 2

"Quantum meruit" means

Accepted Answer

A)  "a shield but not a sword." 
B)  "a meeting of the minds." 
C)  "as much as deserved." 
D)  "the ultimate freedom to contract." 
E)  "to stand on decision." 
A)  "a shield but not a sword." 
B)  "a meeting of the minds." 
C)  "as much as deserved." 
D)  "the ultimate freedom to contract." 
E)  "to stand on decision."

Question 3

Jones was a caterer and Smith was a florist. Jones won a contract to provide a banquet for a convention of florists. He wanted to decorate the hall with flowers. He sent a letter to Smith, describing what he wanted and asked for a price quote. Smith responded in a letter, dated January 5, offering to supply the flowers for $5000. Jones received the letter on January 10 and responded on the same date, saying his price was too high and that he would pay $4500. While that letter was in the mail, but before it had been received by Smith, Jones learned that the convention was on artificial flowers and the organizers wanted no real flowers on display. On January 13, Jones quickly sent another letter telling Smith to ignore the letter of January 10 and that he wouldn't need any flowers at this time. This letter of the 13th was received on the 18th. Smith had received the letter of January 10 on January 15. Smith sent his letter of acceptance on the same day and placed orders to his suppliers for the flowers. The letter of acceptance was received by Jones on January 20. Is there a contract between Jones and Smith? Explain.

Accepted Answer

Because the parties are communicating by

Question 4

If an agreement is one-sided, and only one of the parties is getting something from the deal, it is called a gratuitous promise and the courts will not enforce it.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is correct with respect to consideration?

Accepted Answer

A)  It must be specific. 
B)  It must be reasonable. 
C)  It is binding even though a duty to so act already exists. 
D)  It is to compensate for an act that happened in the past. 
E)  At least some money must be involved. 
A)  It must be specific. 
B)  It must be reasonable. 
C)  It is binding even though a duty to so act already exists. 
D)  It is to compensate for an act that happened in the past. 
E)  At least some money must be involved.

Question 6

Distinguish between a bilateral and a unilateral contract.

Accepted Answer

A unilateral contract is one where the a

Question 7

Mary received an unsolicited selection of CDs in the mail with a letter informing her that she was now a member of the CD of the Month Club. It also said that if she didn't want these CDs, she could simply send them back. Otherwise, she would be billed $10 for each CD at the end of the month. She simply put them away, and did not respond. They continued to send her more CDs each month until she had received 100 of them over a period of 10 months. The club then sent her a letter demanding payment or they would take legal action. Explain her legal obligation in these circumstances.

Accepted Answer

There is no contract under these circums

Question 8

Roberts has the chance to buy three adjacent city lots zoned "duplex." The most profitable return would be the building of four townhouses across the three lots, but that would necessitate getting permission from the city for the replotting, which would be a time-consuming process. If Roberts buys a 60-day option from the seller of the properties for $4000, which of the following would be true?

Accepted Answer

A)  The offer for the properties will expire before the end of the designated 60-day period if another person offers a higher price. 
B)  If Roberts does not exercise the option during the option period, she can later force the seller to sell that property to her at that price. 
C)  By buying the option, Roberts has bought a period of time during which she must accept the land offer. 
D)  If Roberts does not exercise the option, she will get her $4000 back because she didn't get what she was bargaining for. 
E)  The seller is bound by contract neither to sell the property to any other party or to revoke the offer within the option period. 
A)  The offer for the properties will expire before the end of the designated 60-day period if another person offers a higher price. 
B)  If Roberts does not exercise the option during the option period, she can later force the seller to sell that property to her at that price. 
C)  By buying the option, Roberts has bought a period of time during which she must accept the land offer. 
D)  If Roberts does not exercise the option, she will get her $4000 back because she didn't get what she was bargaining for. 
E)  The seller is bound by contract neither to sell the property to any other party or to revoke the offer within the option period.

Question 9

What must be present in an offer before it qualifies as such?

Accepted Answer

All of the important terms of the offer

Question 10

Acceptance of an offer by email or web-based communication can create certain difficulties. What can be done to minimize the impact of such problems?

Accepted Answer

Certain problems can be avoided by the b

Question 11

Traditional contract rules only apply to written contracts but not Internet transactions.

Accepted Answer

A) True 
 B)False

Question 12

Discuss the federal Uniform Electronic Commerce Act (UECA).

Accepted Answer

The UECA has no legal standing but it se

Question 13

Sam had been a friend of Joe's for a considerable period of time and had often accompanied him as he sailed his classic yacht. Sam had often communicated to Joe how much he would like to have the yacht. On Friday night, a friend told Sam that Joe had suffered some business reverses and was going to have to get rid of the yacht. Sam immediately wrote Joe a letter offering to purchase the yacht for $125,000. Unknown to Sam, Joe had written Sam a similar letter offering to sell the yacht for $125,000. These two letters passed in the mail. Sam received Joe's letter at about 12 noon on Saturday, and Joe received Sam's letter at about 2:30 p.m. on Saturday. Are these people bound in contract? Explain.

Accepted Answer

No, they are not. There must be meeting

Question 14

Which of the following is true with respect to the application of contract law to the Internet?

Accepted Answer

A)  If the basic requirements of acceptance are not met, an offer accepted by e-mail is binding on both parties. 
B)  Clicking an "I Accept" button on a website is considered the equivalent of achieving the consensus element of a binding contract. 
C)  Online communications are governed by the postbox rule. 
D)  No jurisdictions have passed any legislation making electronic communications the equivalent of written documents for legal purposes. 
E)  Internet contracts are governed by the federal Uniform Electronic Commerce Act, in effect throughout Canada. 
A)  If the basic requirements of acceptance are not met, an offer accepted by e-mail is binding on both parties. 
B)  Clicking an "I Accept" button on a website is considered the equivalent of achieving the consensus element of a binding contract. 
C)  Online communications are governed by the postbox rule. 
D)  No jurisdictions have passed any legislation making electronic communications the equivalent of written documents for legal purposes. 
E)  Internet contracts are governed by the federal Uniform Electronic Commerce Act, in effect throughout Canada.

Question 15

Which of the following statements regarding online transactions is true?

Accepted Answer

A)  Conducting transactions online negates the need to satisfy the normal requirements of a contract. 
B)  The postbox rule applies to both non-instantaneous and instantaneous methods of communication. 
C)  Common law has established the equivalency of electronic documents to written ones. 
D)  Electronic signatures are not effective in determining the capacity of the parties entering into a contract. 
E)  Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement. 
A)  Conducting transactions online negates the need to satisfy the normal requirements of a contract. 
B)  The postbox rule applies to both non-instantaneous and instantaneous methods of communication. 
C)  Common law has established the equivalency of electronic documents to written ones. 
D)  Electronic signatures are not effective in determining the capacity of the parties entering into a contract. 
E)  Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement.

Question 16

Indicate which of the following statements is correct about the effect of promissory estoppel on a promisor.

Accepted Answer

A)  Promissory estoppel has no effect on a promisor because it only relates to statements of fact, not promises. 
B)  Promissory estoppel must be distinguished from equitable estoppel. 
C)  Promissory estoppel can be used as a defence only against a promisor who reneges on his promise. 
D)  Promissory estoppel is known as injurious reliance in the United States and has the same effect in both American and Canadian law. 
E)  When a victim relies on the promise and suffers injury, he can sue the promisor for compensation even where no consideration has been given in return for that promise. 
A)  Promissory estoppel has no effect on a promisor because it only relates to statements of fact, not promises. 
B)  Promissory estoppel must be distinguished from equitable estoppel. 
C)  Promissory estoppel can be used as a defence only against a promisor who reneges on his promise. 
D)  Promissory estoppel is known as injurious reliance in the United States and has the same effect in both American and Canadian law. 
E)  When a victim relies on the promise and suffers injury, he can sue the promisor for compensation even where no consideration has been given in return for that promise.

Question 17

In the Pharmaceutical case, it was decided that goods displayed on the shelf in a self-service merchandising situation were an invitation to treat rather than an offer. Discuss.

Accepted Answer

This question gives students the opportu

Question 18

An ad in the morning paper read: "Brand new Spartan 6s smartphone $349. No payment until January. We make your first payment." This is an example of which of the following?

Accepted Answer

A)  Invitation to treat 
B)  Offer 
C)  Gratuitous promise 
D)  Bilateral contract 
E)  Unilateral contract 
A)  Invitation to treat 
B)  Offer 
C)  Gratuitous promise 
D)  Bilateral contract 
E)  Unilateral contract

Question 19

Sylvia had contracted with Produce Palace to sell her entire crop of elephant garlic (100 kilograms) and her entire crop of tomatoes (100 kilograms). On the day for delivery, Produce Palace took the garlic but not the tomatoes. In her effort to mitigate her loss, Sylvia called the owner of Val's Veggies and offered her the tomatoes at a reduced price with the words, "Let me know quickly, because they are ripe and must be moved out today." That afternoon, Val sent Sylvia a letter accepting the offer. On these facts, which is the most likely outcome?

Accepted Answer

A)  There is a contract between Sylvia and Val the moment Val dropped the letter of acceptance in the mailbox. 
B)  There is a contract between Sylvia and Val the day the letter of acceptance is received by Sylvia. 
C)  There is no contract between Sylvia and Val because Sylvia had revoked the offer. 
D)  There is no contract between Sylvia and Val because the offer has probably lapsed before the acceptance was received by Sylvia. 
E)  If the postbox rule does not apply, there would be a contract as soon as Val mailed the letter unless Sylvia had sold the tomatoes to someone else. 
A)  There is a contract between Sylvia and Val the moment Val dropped the letter of acceptance in the mailbox. 
B)  There is a contract between Sylvia and Val the day the letter of acceptance is received by Sylvia. 
C)  There is no contract between Sylvia and Val because Sylvia had revoked the offer. 
D)  There is no contract between Sylvia and Val because the offer has probably lapsed before the acceptance was received by Sylvia. 
E)  If the postbox rule does not apply, there would be a contract as soon as Val mailed the letter unless Sylvia had sold the tomatoes to someone else.

Question 20

Which one of the following is enforceable?

Accepted Answer

A)  Mr. Ho promised to give his needy friend Mr. Jahn $100. 
B)  Ms. Jones promised to pay an additional $100 to Mr. Wood if Wood finished the existing contract on time, according to the terms of the contract. 
C)  Mr. Baker was so sick of an old chair that, when Mr. Venson offered him $10 for it, he agreed (i.e., promised to sell it to him), although the market value of the chair was $80. 
D)  Ms. Goode promised to send $10 to Mr. Paul, who kindly came and warned her when he saw a tow truck approach her car. 
E)  An ad in the paper promises to pay $5 for the return of a lost ring, but the person who finds and returns the ring never saw the offer in the newspaper. 
A)  Mr. Ho promised to give his needy friend Mr. Jahn $100. 
B)  Ms. Jones promised to pay an additional $100 to Mr. Wood if Wood finished the existing contract on time, according to the terms of the contract. 
C)  Mr. Baker was so sick of an old chair that, when Mr. Venson offered him $10 for it, he agreed (i.e., promised to sell it to him), although the market value of the chair was $80. 
D)  Ms. Goode promised to send $10 to Mr. Paul, who kindly came and warned her when he saw a tow truck approach her car. 
E)  An ad in the paper promises to pay $5 for the return of a lost ring, but the person who finds and returns the ring never saw the offer in the newspaper.

What is a "gratuitous promise"?

"Quantum meruit" means

If an agreement is one-sided, and only one of the parties is getting something from the deal, it is called a gratuitous promise and the courts will not enforce it.

Which of the following is correct with respect to consideration?

Distinguish between a bilateral and a unilateral contract.

What must be present in an offer before it qualifies as such?

Acceptance of an offer by email or web-based communication can create certain difficulties. What can be done to minimize the impact of such problems?

Traditional contract rules only apply to written contracts but not Internet transactions.

Discuss the federal Uniform Electronic Commerce Act (UECA).

Which of the following is true with respect to the application of contract law to the Internet?

Which of the following statements regarding online transactions is true?

Indicate which of the following statements is correct about the effect of promissory estoppel on a promisor.

In the Pharmaceutical case, it was decided that goods displayed on the shelf in a self-service merchandising situation were an invitation to treat rather than an offer. Discuss.

An ad in the morning paper read: "Brand new Spartan 6s smartphone $349. No payment until January. We make your first payment." This is an example of which of the following?

Which one of the following is enforceable?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 6: The Elements of a Contract: Consensus and Consideration

What is a "gratuitous promise"?

"Quantum meruit" means

If an agreement is one-sided, and only one of the parties is getting something from the deal, it is called a gratuitous promise and the courts will not enforce it.

Which of the following is correct with respect to consideration?

Distinguish between a bilateral and a unilateral contract.

What must be present in an offer before it qualifies as such?

Acceptance of an offer by email or web-based communication can create certain difficulties. What can be done to minimize the impact of such problems?

Traditional contract rules only apply to written contracts but not Internet transactions.

Discuss the federal Uniform Electronic Commerce Act (UECA).

Which of the following is true with respect to the application of contract law to the Internet?

Which of the following statements regarding online transactions is true?

Indicate which of the following statements is correct about the effect of promissory estoppel on a promisor.

In the Pharmaceutical case, it was decided that goods displayed on the shelf in a self-service merchandising situation were an invitation to treat rather than an offer. Discuss.

An ad in the morning paper read: "Brand new Spartan 6s smartphone $349. No payment until January. We make your first payment." This is an example of which of the following?

Which one of the following is enforceable?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters