Deck 9: Nature and Classification

Question 1

Informal contracts are usually based on substance rather than form.

Answer 1

True

Question 2

A check,like other negotiable instruments,is a formal contract.

Answer 2

True

Question 3

"Consideration" refers to the genuine assent of all of the parties to a contract.

Answer 3

False

Question 4

The intention to enter into a contract is judged by objective facts as interpreted by a reasonable person.

Question 5

An offer to form a bilateral contract is accepted only by completing the contract performance.

Question 6

An implied-in-fact contract is implied from the conduct of the parties.

Question 7

An express contract must be in writing.

Question 8

A contract is a promise to act.

Question 9

A unilateral contract is formed when the one receiving the offer completes the requested act or performance.

Question 10

Offers may not be revoked before they are accepted.

Question 11

Contract law shows what excuses our society accepts for breaking certain types of promises.

Question 12

An offeror is a person who makes an offer.

Question 13

One of the requirements of a valid contract is its acceptance.

Question 14

Contract disputes rarely arise on a promise of future performance.

Question 15

A promise is an assertion that something will or will not happen in the future.

Question 16

Some promises are not legally binding contracts.

Question 17

One of the requirements of a valid contract is a fair price.

Question 18

Resolving whether a promise should be enforced is the essence of contract law.

Question 19

There are no exceptions to the rule that contracts voluntarily entered into will be enforced.

Question 20

An offer to form a unilateral contract is accepted by a promise to perform.

Question 21

If a voidable contract is avoided,the parties to it are released from it.

Question 22

Bobbie claims that Carl breached their contract.Carl responds that he never intended to enter into a contract with Bobbie.The intent to enter into a contract is determined with reference to

A)the conscious theory of contracts.
B)the objective theory of contracts.
C)the personal theory of contracts.
D)the subjective theory of contracts.

Question 23

A quasi contract is not a true contract.

Question 24

Cathy assures Don that she will deliver his products as he directs.An assertion that one will do something in the future is part of the definition of

A)a declaration.
B)a moral obligation.
C)an ethical principle.
D)a promise.

Question 25

An otherwise valid contract may be unenforceable if it is not in writing.

Question 26

A voidable contract is a valid contract that can be avoided at the option of at least one of the parties to it.

Question 27

Jack promises to buy Kris's computer for $400.Jack is

A)an executor.
B)an offeree.
C)a promisee.
D)a promisor.

Question 28

Tania promises to buy Saki's handheld game-player for $75.Saki is

A)an executee.
B)an offeror.
C)a promisee.
D)a promisor.

Question 29

An executory contract is one that has been fully performed.

Question 30

Plain language laws regulate some types of contracts to require "legalese."

Question 31

A reasonable,lawful,and effective meaning will normally be given to all of a contract's terms.

Question 32

When the words in a contract have more than one meaning,they are cut from the contract.

Question 33

A contract cannot be void if its purpose is legal.

Question 34

A quasi contract arises from a mutual agreement between two parties.

Question 35

InTown Delivery Service promises to deliver a certain couch to Kurt,who promises to pay for the service.If InTown does not perform,the firm may be required to

A)do nothing.
B)make another promise.
B)perform a different service.
C)pay damages.

Question 36

To be valid,a contract must be enforceable by all of the parties to it.

Question 37

A void contract is enforceable if it is in writing.

Question 38

Under the plain meaning rule,a court will enforce a contract,in which the writing is clear and unequivocal.

Question 39

The doctrine of quasi contract applies only if there is an actual contract.

Question 40

Parties can form a contract without putting the terms in writing.

Question 41

Scot and Tiffany enter into an implied-in-fact contract.The parties' conduct

A)defines the contract's terms.
B)finds the contract's facts.
C)terminates any unintended consequences.
D)undercuts any terms based on the facts.

Question 42

Digital Architecture,Inc.,enters into a contract to design robotic software for Chassis Assembly Corporation.The freedom to enter into contracts is

A)a fundamental public policy of the United States.
B)an ambiguous business goal that is irrelevant in terms of the law
C)a philosophical concept that underlies international law.
D)a principle that describes contracting parties' intent.

Question 43

Employment Sources,Inc.,enters into a contract with Fred.If Fred is a minor,this contract is most likely

A)enforceable.
B)unenforceable.
C)void.
D)voidable.

Question 44

Peter offers to pay Quik Delivery (QD)$50 if it picks up and delivers to him a package from Rico within 30 minutes.QD can accept the offer only by meeting the deadline.If QD performs as directed,these parties will have

A)a bilateral contract.
B)a trilateral contract.
C)a unilateral contract.
D)no contract.

Question 45

Opie offers to sell his guitar to Pinky for $100.Pinky agrees.They complete and sign a printed form that includes,near the blanks for their signatures,the word "seal." This is

A)a formal contract.
B)an informal contract.
C)a social contract.
D)no contract.

Question 46

When Jeff's car breaks down,he asks Kwik Tow,Inc.,to tow it from its location to Loyal Repair Shop.There is no discussion of a price,and Jeff and Kwik do not sign any documents.After the tow,Kwik sends Jeff a bill.With respect to Jeff's obligation to pay the bill,this is

A)an express contract.
B)an implied-in-fact contract.
C)an implied-in-law contract.
D)no contract.

Question 47

Expert Pavers,Inc.,contracts with Fabricated Building Corporation to repave Fabricated's parking lot for which Fabricated agrees to pay.The requirements of this,and any other,contract do not include

A)consideration.
B)capacity.
C)legality.
D)practicality.

Question 48

Livewire Company and Kitchen Products,Inc.,sign a document that states Livewire agrees to design a Web page for Kitchen Products,which agrees to pay for the service.Livewire and Kitchen Products have made

A)an express contract.
B)an implied-in-fact contract.
C)an implied-in-law contract.
D)a quasi contract.

Question 49

Lana applies for a firefighter's job with Metro City,which responds with a letter setting an appointment for a medical exam.The letter also states that it is "an employment offer conditioned on the applicant passing the exam." This letter is

A)a bilateral contract that Lana accepted by applying for the job.
B)a quasi contract on which Lana can rely for employment.
C)a unilateral contract that Lana can accept by passing the exam.
D)no contract.

Question 50

Cole drives into Dino's Service Station and asks Erin,the attendant,to fill the tank in Cole's hybrid vehicle.After Erin fills the tank,but before Cole pays for the gas,any contract between Cole and Dino's is

A)executed.
B)executory.
C)quasi.
D)unenforceable.

Question 51

GR8 Marketing Company and Hot Tunes,Inc.,sign a document that states GR8 agrees to create a marketing campaign for Hot and Hot agrees to pay GR8 for the service.GR8 and Hot have

A)an executed contract.
B)an express contract.
C)an implied-in-fact contract.
D)a quasi contract.

Question 52

On behalf of the rock group Uno,their manager Thalia agrees to a performance in Seaside Amphitheatre on July 4.Rex,acting for Seaside Productions,sends a written copy of the agreement to Thalia to be signed.Typically,businesspersons put their contracts in writing to

A)ensure proof of the contracts' existence.
B)create substance from form.
C)obtain a check or other negotiable instrument.
D)practice their "letters of credit."

Question 53

On Monday,Neil tells Outdoor Landscaping,Inc.,that he will pay Outdoor $500 if a variety of tasks are completed by Friday.On Wednesday,when Outdoor is more than half done with the work,Neil says that he has changed his mind.These parties had

A)an expired contract when Neil said that he had changed his mind.
B)a quasi contract when Neil said that he would pay for certain work.
C)a unilateral contract as soon as Outdoor began to perform.
D)no contract.

Question 54

Flo tells Gregor that she will buy his textbook from last semester for $65.Gregor agrees.Flo and Gregor have

A)an executed contract.
B)an express contract.
C)an implied-in-fact contract.
D)a quasi contract.

Question 55

Avatar,Inc.,and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay.Avatar delivers.The contract is

A)voidable.
B)executed.
C)executive.
D)executory.

Question 56

Vernon claims that his contract with Ulani is voidable.If their contract is avoided

A)both parties are released from it.
B)both parties must fully perform their obligations under it.
C)a wholly different contract is agreed to.
D)a wholly different contract is imposed "as if" the parties had agreed.

Question 57

Clay offers to pay Dot $50 for a golf lesson for Eula.They agree to meet the day after tomorrow to exchange the cash for the lesson.These parties have

A)a bilateral contract.
B)a trilateral contract.
C)a unilateral contract.
D)no contract.

Question 58

Lou claims that he and Myra entered into an implied-in-fact contract.To establish this contract,it is not necessary to show that

A)a court imposed a promise in the interest of fairness.
B)Lou expected to be paid for providing services or prop?erty.
C)Lou provided Myra with services or property.
D)Myra failed to reject services or property provided by Lou.

Question 59

Mona asserts that a contract she entered into with Nate is unenforceable.Defenses to the enforcement of a contract include

A)a desire not to perform.
B)adverse economic consequences.
C)results that do not match expectations.
D)the lack of a party's genuine assent.

Question 60

Bay City Construction,Inc.,a contractor,asks Cool Electric,a subcontractor,to provide certain services.Nothing is expressed about payment.Cool provides the services,but Bay City refuses to pay.In Cool's suit to recover,the chief issue is most likely to be whether these parties had

A)a formal contract.
B)an actual contract.
C)an implied-in-fact contract.
D)a voidable contract.

Question 61

In negotiations with Coastal Distribution Company,Briggs Trucking,Inc.,insists that their contract be drafted according to certain plain language laws.These laws concern the phrasing of

A)contracts.
B)ads.
C)product instruction manuals.
D)documents of delivery.

Question 62

Holiday Sales Company and Global Distributors,Inc.,enter into an express contract for the delivery of imported specialty goods.Express contract terms are given

A)less priority than the parties' prior dealing.
B)less priority than the trade usage in the parties' industry.
C)less priority than the parties' course of performance.
D)more priority than the prior dealing,course of performance,and trade usage.

Question 63

Hubert mistakenly pays property taxes that should have been assessed against Jesse.Hubert can recover the amount from Jesse in quasi contract

A)even if Jesse was not aware of the error.
B)only if Jesse tried to conceal the error.
C)only if Jesse was aware of the error.
D)under no circumstances.

Question 64

Cory enters into a contract with Dian to act as her personal sports trainer.If they later dispute the meaning,and the contract contains unclear terms,the rules of contract interpretation will give effect to

A)the parties' intent as expressed in their contract.
B)what the defendant claims was the parties' intent.
C)what the plaintiff claims was the parties' intent.
D)what the parties now agree they intended.

Question 65

Cody signs and returns a letter from Dora,referring to Dora's Double-D Ranch and its price.When Cody attempts to complete the deal,Dora refuses,claiming that they have no contract.Cody claims they do.What standard determines whether these parties have a contract

Question 66

Debit & Credit Accounting Services and Brickwork Construction Company negotiate a contract.Terms in the contract that are the subject of separate negotiation will be considered subordinate to

A)standardized terms.
B)terms that can be understood only by lawyers and judges.
C)terms that are not negotiated separately.
D)none of the choices.

Question 67

Ed,a businessperson,is a friend of Fran,the owner of a candy store.Every day,Ed spends five minutes in Fran's candy store,looking at the candy and usually buying one or two candy bars.One afternoon,Ed goes into the store,looks at the candy,and picks up a $1 candy bar.Ed waves the candy at Fran without saying a word and walks out.Is there a contract If so,how would it be classified in terms of formation,performance,and enforceability

Question 68

Green Grocers,Inc.,enters into a contract with Hiway Transport Company for the delivery of a shipment of fresh produce.If the language in the contract has more than one meaning,it will be construed against

A)the party who drafted the contract.
B)the party with the greater bargaining power.
C)the promisor.
D)the promisee.

Question 69

Greco promises to buy illegal copies of CDs and DVDs from Fava,who promises to deliver on April 15.These promises are most likely

A)enforceable.
B)valid.
C)void.
D)voidable.

Question 70

Phil enters into a contract with Vacation Resorts,Inc.,to work as a chef.Under the plain meaning rule,the meaning of this contract must be determined by reference to

A)any available evidence.
B)any relevant extrinsic evidence.
C)the face of the instrument.
D)the later testimony of the parties.

Question 71

Dot,a real estate agent,tells Elbert,a home seller,that her commission is 12 percent.Elbert agrees that Dot can sell his house but refuses to sign a contract unless the amount of the commission is reduced.After the house is sold,Elbert refuses to pay 12 percent.Dot is most likely to recover

A)nothing.
B)on a theory of an express contract.
C)on a theory of an implied-in-fact contract.
D)on a theory of quasi contract.

Question 72

Demi promises to buy a house from Caleb,who promises to vacate the property on June 1.If these promises are in writing,they are most likely

A)enforceable.
B)unenforceable.
C)void.
D)voidable.