Exam 12: Consideration

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In contract law, "consideration" refers to the time that a party takes to evaluate a deal.

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Unforeseen difficulties that justify a demand for additional compensa?tion in?clude risks ordinarily assumed in business.

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Real Estate Investments, Inc., owns and manages an office building. Secure Insurance Company agrees to lease the building for five years. Un?der the lease, Secure is obligated to pay all of the utility costs. Two years into the term, Secure asks Real Estate to modify the lease to provide that the utility costs be split equally between them. Real Estate agrees, but later decides it does not want to share the costs and refuses to pay. Is the landlord bound to its agreement to share the utility costs? Why or why not?

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A release is a contract in which one party forfeits the right to pursue a le?gal claim against another.

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Betty pledges to donate $1,000 to the Children's Hospital. On the basis of the pledge, the hospital orders additional equipment. Betty reneges on the pledge. The hospital sues Betty. If the court enforces the pledge, it will be

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Axel, the owner of Bar-B-Q Café, announces that he plans to paint its front fluorescent red. Cleo, the owner of Delicate Dress Shop next door, promises to pay Axel $1,000 to use a more conservative color. Axel agrees. Cleo's promise is

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Inadequate consideration may indicate undue influence.

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MicroCorp hires Nick to work for one month at a weekly salary of $400. A MicroCorp representative orally agrees two weeks later to double Nick's salary. This agree?ment is

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An obligation is enforceable only if it is supported by past consideration.

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To be legally sufficient, consideration must include something of economic value.

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A covenant not to sue is the substitution of a contractual obligation for a legal action.

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For consideration to have "legally sufficient value," it must con?sist of goods or money.

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Mei writes a check to Nat in an amount that represents half of her debt to him. On the back of the check, Mei includes the words "payment in full." Nat cashes the check. This dis?charges the entire debt

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Rescission is the dissolution of a contract that returns the parties to the positions they held before the contract.

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Fact Pattern 12-A2 Brad defends against a breach-of-contract suit by College Credit Corporation by claiming that their deal-a student loan accruing interest at a certain rate and payable beginning on a certain date-was unfair because the consideration for their contract was inadequate. -Refer to Fact Pattern 12-A2. "Adequacy" of consideration refers to

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Jeff offers Kelly $1,000 for her three-year-old laptop computer. Kelly ac?cepts. If a dispute arises, a court would likely

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Fact Pattern 12-B1 Sal contracts with Tasty Pizza Company to deliver its products. Both parties change their minds, however, and inform each other that they would like to cancel the contract. -Refer to Fact Pattern 12-B1. The next day, Sal changes her mind and again offers to deliver Tasty's products. Tasty is willing to deal, but for a new price. Sal and Tasty

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An accord and satisfaction requires that the amount of a debt be certain.

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Fact Pattern 12-A3 Cut-Rate Construction Company begins building a restaurant for Diners Restaurants, Inc., but after two months demands an extra $100,000. Diners agrees to pay. -Refer to Fact Pattern 12-A3. If CCC offers no reason for the extra $100,000, but says only that it will otherwise stop construction, the agreement is

(Multiple Choice)
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Quality Steel Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the considera?tion if

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