Exam 7: The Essentials of Contract Law

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A(n) ____________ contract is implied by the direct or indirect acts of the parties.

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B

Shannon offered a $50 reward for the return of a lost kitten. When Mark found the kitten and returned it to Shannon, she refused to give him the reward because he had not promised to find the kitten before he went looking for it. Analyze the case.

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This is a case of unilateral agreement. Shannon must pay the reward because she made a promise to do something in return for an act of some sort. In this type of contract, a person does not expect a promise in return, rather an act. If Shannon fails to provide the reward, Mark can sue her for breach of contract.

Some parties, when entered into a(n) ____________ contract may choose to cancel the contract.

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C

Admiralty courts were empowered to hear cases involving commercial disputes, and since the juries were made up of merchants, the law merchant was used to adjudicate the cases.

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A proposal made by Braxton to his friend Mike, indicating a willingness to enter a contract to buy Mike's old car for $4,000, fulfills the element of ____________ in contract law.

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Jackie takes her car to the All Clean Car Wash and watches the employees while they mistakenly give her car a special $30 hand wax treatment, rather than the $5 spray wax she requested. Jackie refuses to pay $30 saying that she requested a service that would cost her only $5. Analyze the case.

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Donita, 34, and Terry, 25, enter into a contract which stipulates that Donita will allow Terry to occupy her apartment for six months, beginning next month. Terry has agreed to pay a rent of $100 per month. Discuss the elements that make this contract legally binding for Terry and Donita.

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An non-breaching party in a breach of contract case has a ____________ and cannot take advantage of the breach that increases the amount of damages the breaching party must pay.

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____________ outlines the historical laws and the procedures that were followed by merchants in commercial transactions.

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Charleen goes to Big Basket Supermarket and fills her cart with food, pushing it up to a checkout line. Discuss the type of contract between Charleen and Big Basket that would obligate Charleen to pay for the food prior to leaving Big Basket, even if Charleen and the clerk never say a word to each other.

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Courts typically award punitive damages in breach of contract cases.

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Alan persuades Charles to buy his truck by incorrectly telling Charles that the truck has just had a new engine installed. In fact, the truck has an old engine that has been cleaned to look new. Charles buys the truck and finds out the truth about the engine. Discuss the situation.

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A person who makes an offer is called an offeree.

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All ____________ are ____________, but not all agreements are ____________ because an agreement may not be ____________.

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Matrix, Inc. contracts with Smalltown Economic Development Corp. to build a factory in Smalltown that will employ 1,000 workers from Smalltown. Matrix later breaches this contract, and Smalltown citizens who were expecting to be employed sue Matrix for breach of its contract. Smalltown citizens' best argument for damages involves the legal doctrine of:

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The (Uniform Commercial Code) UCC is a model code designed to unify statutes governing almost all commercial transactions.

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Fraser entered into a written contract with the Plastica Company to purchase 100 plastic black bats for a Halloween party he was hosting. The terms of the contract called for Plastica to deliver all 100 bats by October 25. On October 20, Fraser received from Plastica 85 plastic bats and 15 paper red bats. A letter accompanying the shipment stated, "We no longer make plastic black bats. For the inconvenience, we will charge you 15 percent less than the price we originally agreed upon." Was the contract between Fraser and Plastica an executed contract? Explain.

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Matthew agrees with a friend to divide the proceeds from a bank robbery that the two will commit. This agreement is void.

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Henrietta offers a $500 reward for the return of Fifi, her lost dog. Silas finds and returns the dog. This is an example of a(n):

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Georgia purchases what proves to be a defective product from ZBest Enterprise to give to her best friend, Sarah, on her birthday. Georgia refuses to take legal action against ZBest because she is afraid of confrontation. Sarah, wanting to help Georgia, and angry at ZBest, wants to sue ZBest. Discuss the options Sarah has to sue the company.

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