Exam 9: Introduction to Contracts

CISG applies only to sale of goods and commercial parties.

Article 2 of the UCC never applies to mixed goods-services contracts;instead,it treats them as pure service contracts.

Which is the only state to have adopted the Uniform Commercial Code (UCC)only partially?

Ann wants to download the Adobe Acrobat software from the Internet.Prior to downloading,a standardized online contract appears on the screen that requires her to click on an icon indicating agreement,before she can proceed in the program.Such contracts are called:

Fun Foods fraudulently induces Holly to buy a household products franchise by grossly misstating the average revenues of its franchisees.She discovers the misrepresentation after she has resold some products that she has received but before she has paid Fun Foods for the products.Holly wants to cancel the franchise contract on the basis of the fraud.What is the remedy available to her?

What type of transactions are governed by the Uniform Commercial Code?

Reggie went to the Napa Valley Harvest Festival,when he stopped at Tracy's booth where she was selling paintings of vineyards.Reggie admired a painting of vineyards,which did not appear to be for sale.Reggie said to Tracy,"I will give you $200 if you give me that painting right now." Tracy said nothing in response,but she gave Reggie the painting,and Reggie gave her $200 in cash.This is an example of a contract that is now:

To qualify as a contract,a set of promises must be based on a voluntary agreement,which is made up of an offer and a(n)_____ of that offer.

A contract must be between parties who have _____ to contract.

Pratt,owner of an appliance store,has a garage sale at his home where he sells old furniture and books.He sells a set of books to his neighbor,Stacey.Pratt is considered a merchant under Article 2 of the UCC in selling the books to Stacey.

The essence of a contract is that it is a legally enforceable promise or set of promises.

Alana,who runs a flower shop,sells Jose a shotgun.Jose is unemployed,and Alana has never before sold a firearm in her life.Which of the following is true?

Speaking generally,a quasi-contract applies where there has been foreseeable reliance on an express promise.

Abby promises to pay Brian $50 if he mows her lawn.Brian does not promise to mow Abby's lawn;however,later that day,Brian completely and satisfactorily does mow Abby's lawn.This is an example of a unilateral contract.

What is the main difference between a void contract and a voidable contract? Give examples of each.

What is the term for being equitably prevented from raising a legal defense?

How have the drafters of the Code tried to promote fair dealing and higher standards in the marketplace?

Generally,the terms of a standardized contract are negotiable.

Jimmy and Pat had a long-standing professional relationship.In 2001,Jimmy's business began experiencing financial strain.The two friends discussed Jimmy's personal problems and financial difficulties,and Pat was concerned about his friend's depressed mental state.In 2003,Pat flew from Atlanta to New York to meet Jimmy.Prior to Pat's flight,Jimmy's employee had faxed copies of various construction contracts and correspondence relating to Jimmy's controversial projects for Pat to review.In late 2005,Pat billed Jimmy for a $40,000 balance that Jimmy owed on the alleged oral contract.In a letter to Pat,Jimmy stated: "I have paid you plenty and will not pay you any more.I have not called for any professional advice since then." Pat filed suit against Jimmy for breach of contract.Will Pat succeed?

Linda wanted to replace the old carpet in her home.She entered into a contract with Carpet Co. ,for the purchase and installation of a new carpet.The price of the carpet was $3,000 and the cost of the labor to install the carpet was $150.Later,Linda became dissatisfied with this transaction and now wants to sue Carpet Co.Linda wants to apply the contract rules of the UCC,but Carpet Co. ,wants to apply the contract rules of the common law.Which source of law should govern this case?