Exam 4: Enforcing Contractual Obligations

Which of the following is true with regard to tender of performance?

For a contract to be ended by agreement,there must be consideration as well as agreement on both sides.

Which of the following is true with regard to ending a contract by performance,agreement,frustration,or breach?

With regard to exemption clauses,which of the following is true?

A condition precedent is a term of a contract that will bring that contract to an end when the specified condition is met.

To avoid a contract on the basis of non est factum,the mistake must have gone to the entire nature of the agreement,not just to some aspect of it.

All rules of contract formation apply when parties agree to discharge a contract.

Tong hired Hocaloski to design an ad for her business.Hocaloski assigned the work to Peppar,her employee.After the ad ran,it was noticed that Peppar made a serious error; he gave the wrong address and phone number of the business.On these facts,which of the following is true?

Which of the following is true with regard to ending a contract by agreement?

The threat of violence makes a contract voidable.

If Jones receives a promissory note from Smith and passes it on to Green,who qualifies as a holder in due course,Green is the receiver of assigned contractual rights and is in the same position as Jones.

Which of the following is true with regard to ending a contract by performance,agreement,or breach?

Indicate under which circumstances the remedy of rescission may not be available.

Mrs.Sharp,the owner of a restaurant,induced the Morissons to buy the business by a misrepresentation; the invoices made her costs appear less than they actually were,and thus her profits more than they actually were.On these facts,which of the following is false?

A bill of exchange is an order by one person to another to pay money to a third.

The longer Adolph stayed on this job,the more he hated it.He thought the boss was too demanding.He especially disliked being reprimanded for being late.One afternoon,he was asked by a secretary to take a letter to the boss for his signature.The boss had had an eye operation and was recuperating at home.Adolph got two signatures,one on the letter and one on a note promising to pay Adolph $1000 in consideration for services rendered.The boss was not careless,but couldn't read the papers.What plea or argument,if any,could the boss use to avoid paying on the promissory note?

When the courts find that undue influence is present,the resulting contract is:

Rules of interpretation are guidelines used by the court to correct simple misunderstandings in relation to the contract.

When it has been clearly established that one of the parties to the contract has been the victim of undue influence,that contract is void.

Len's new secretary asked him to sign four letters that she said concerned general office matters.One of the "letters" was,in fact,a cheque for $500,payable to the secretary.The secretary cashed the cheque at her bank,and when her bank presented the cheque for payment,Len refused to pay it.He said he had been tricked and it was all a mistake.On these facts,which of the following is true?