Deck 10: B: Nature and Terminology

Question 1

A quasi contract is a fictional contract.

Answer 1

True

Question 2

An express contract must be in writing.

Answer 2

False

Question 3

If a voidable contract is ratified,the parties must fully perform their respective legal obligations.

Answer 3

True

Question 4

The only requirement of a valid contract is that it be voluntarily entered into.

Question 5

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

Question 6

No offer may be revoked before it is accepted.

Question 7

Every contract involves at least three parties.

Question 8

If a contractual promise is not fulfilled,the person who made it may be required to perform the promised act.

Question 9

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

Question 10

A check is a formal contract.

Question 11

A unilateral contract is formed when the one receiving the offer com?pletes the re?quested act or performance.

Question 12

An executed contract is one that has been fully performed.

Question 13

An implied contract is not an actual contract.

Question 14

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

Question 15

Informal contracts are usually based on their sub?stance rather than their form.

Question 16

The intention to enter into a con?tract is judged by outward,objective facts as interpreted by a reasonable person.

Question 17

A void contract is enforceable if it is in writing.

Question 18

The doctrine of quasi contract can be used only when there is an actual con?tract that covers the matter in controversy.

Question 19

Some promises are not legally binding.

Question 20

"Consideration" refers to the voluntary consent of all of the parties to a contract.

Question 21

On behalf of the jazz group Synco-Passion,their manager Raul agrees to a performance in the Quay Club on May 1.Portia,acting for Quay Club,sends a written copy of the agreement to Raul 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 22

National Grocers,Inc. ,enters into a contract with Overland Shipping Company for the de?livery of a shipment of fresh produce.If ambiguities appear in the con?tract,they 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 23

Mona asserts that a deal she entered into with Nate is an unenforce?able contract.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 voluntary consent.

Question 24

Clay offers to pay Dorianne $50 for a golf lesson for Estee.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 25

Holiday Sales Company and Global Distributors,Inc. ,enter into a contract for the delivery of imported specialty goods.Until the goods are delivered and paid for,these parties have

A)an executory contract.
B)no contract.
C)a quasi contract.
D)an informal contract.

Question 26

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 contract.
D)a quasi contract.

Question 27

Phil agrees to work for Vacation Resorts,Inc. ,as a chef.In determining whether a contract has been formed,an element of prime importance is

A)the parties' intent.
B)Phil's rate of pay.
C)the duration of the work.
D)Vacation Resorts's facilities.

Question 28

Crosby believes that he and Dakota agreed he would act as her personal sports trainer for seven workout sessions.In a later dispute,the existence of any contract can be judged by

A)the parties' statements at the time of their alleged contract.
B)what the defendant claims was the parties' intent.
C)what the plaintiff claims was the parties' intent.
D)what the parties agree they intended.

Question 29

Following negotiations with Merchants Storage Company,Lonny enters into an informal contract to clean the loading dock.This means that the parties' contract

A)requires no special form.
B)must be drafted "in form" to be valid.
C)is indefinite and imprecise.
D)does not exist.

Question 30

Scot enters into a contract with Tiffany that later proves voidable at Tiffany's option.If she elects to avoid any duty to perform under the contract

A)both parties are released from it.
B)neither party is released from it.
C)only Scot is released from it.
D)only Tiffany is released from it.

Question 31

Freida and Gail enter into a bilateral contract,which is created when Freida gives a promise in exchange for Gail's

A)payment of money only.
B)performance of a par?ticular act only.
C)promise only.
D)prudent awareness only.

Question 32

Opie offers to sell his guitar to Pinky for $100.Pinky agrees.They complete and sign a printed form,and Pinky gives Opie a check for the price.This check is

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

Question 33

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.Under the present-day view,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 34

Sam and Tiffany enter into an implied contract.This is a contract in which 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 35

Phil enters into a contract with Quality Resorts,Inc. ,to work as a chef.Under the plain meaning rule,the meaning of this contract must be de?ter?mined 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 36

Expert Pavers,Inc. ,contracts with Fabricated Building Corporation to repave Fabricated's parking lot for which Fabricated agrees to pay.The elements of this,and any other,contract include

A)capability.
B)consideration.
C)formation.
D)practicality.

Question 37

Mia,a physician,renders aid to Noel,who is injured and unconscious.Mia can recover the cost of the aid from Noel

A)even if Noel was not aware of the aid.
B)only if Noel recovers because of the aid.
C)only if Noel was aware of the aid.
D)under no circumstances.

Question 38

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 contract.
C)a quasi contract.
D)no contract.

Question 39

Diaz and Cuzco enter an express contract for the construction of a warehouse.Express contract terms are given,in relation to the parties' course of performance,

A)less priority.
B)the same priority.
C)no priority.
D)more priority.

Question 40

Green Grocers,Inc. ,enters into a contract with Hiway Transport Company for the deliv?ery of a shipment of fresh produce.In a later dispute between these parties over the delivery,the doctrine of quasi contract cannot be used because

A)both of the parties involved are businesses.
B)at least one of the parties had greater bargaining power.
C)the subject of the contract was a service.
D)there is an actual contract covering the subject in dispute.

Question 41

On May 1,Local Cartage Company and Modern Computers,Inc. ,orally agree that Local Cartage will pick up from National Chip Corporation and deliver to Modern Computers' manufacturing plant a certain num?ber of computer chips on each Monday in May.Under the agree?ment,Modern Computers will pay for the delivery services on June 1.On May 1,is this contract express,implied in fact,or implied in law? On May 31,after all of the deliveries have been made,is the contract exe?cuted or executory?

Question 42

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 con?tract? If so,how would it be classified in terms of formation,perform?ance,and enforceability?