Deck 8: Contracts: Enforceable Agreements

Question 1

A quasi-contract is another term for a bilateral contract. ​

Answer 1

False

Question 2

When there is a valid novation, one of the original parties to the contract is completely relieved of all former obligations under the contract.​

Answer 2

True

Question 3

The statement "If you wash my car, I will pay you $10" is an example of an offer to form a bilateral contract. ​

Answer 3

False

Question 4

An executory contract is one that has been performed by both parties. ​

Question 5

A minor generally may disaffirm a contract before reaching majority. The minor may also do so within a reasonable time after reaching majority, but if he or she fails to do so, the contract is ratified and binding.​

Question 6

The definition of an executed contract is an illegal agreement calling for harm to another person for a specified fee or price.​

Question 7

The offeror makes an offer by mail. Generally, unless otherwise specified, the offeree may accept the offer by using the same or faster means of communication. ​

Question 8

In a single contract, there must always be a minimum of two parties, but there may be more parties to the contract. ​

Question 9

Performance of a single contract (e.g., the sale/purchase of a pizza in a fast food outlet) requires the prior performance of many other contracts by other persons.​

Question 10

A promise to make a gift to a charity can not be enforceable because the promisor receives no  consideration in return.

Question 11

A "contract under seal" is an example of a formal contract. ​

Question 12

To create a valid, enforceable contract, the first party must use the expression "I offer..." and the second party must write or say "I accept..." ​

Question 13

An express contract is always in writing.

Question 14

Contracts entered into as a result of duress or undue influences are always void.​

Question 15

Contracts with unlicensed persons are enforceable by the unlicensed person if the purpose of the licensing statute is to simply raise revenue rather than to protect the public from unqualified practitioners.​

Question 16

The validity of a contract that has been fully performed cannot be challenged for failure to comply with the statute of frauds.​

Question 17

Genuine, abiding love is priceless and as such is the highest form of valid consideration in contracts.​

Question 18

Numerous statutes have been enacted to protect buyers and sellers in sales transactions before, during, and after their related negotiations.​

Question 19

A contract is a legally binding agreement to do or not to do a certain thing, and is enforceable in court.

Question 20

Details of contract law are found in the U.S. Constitution and in federal statutes.​

Question 21

Even though a sale by a merchant, an implied warranty of merchantability does not arise if the goods are sold used.​

Question 22

From the cardholder's point of view there are no differences in the statutory protections available  between credit cards and debit cards.

Question 23

Generally, a minor is liable under contract law for purchases of necessaries (e.g., food, clothing, shelter, and medical care). However,​

A)the necessary that is bought must truly be needed and must not be something that is provided by, or is readily available from, the parent or guardian.
B)the price charged must be reduced to the seller's out-of-pocket costs, plus no more than 10% of gross profit on the item.
C)the goods must be guaranteed to last at least until the minor becomes an adult.
D)none of the above

Question 24

Wrongful persuasion and persistent pressure is a definition of duress and a common example is a pushy salesperson in a computer store.​

Question 25

When officials of your city government make contracts for construction of a recreation center in your neighborhood park, complete with swimming pool, tennis courts, and baseball diamond, you and your fellow residents become​

A)third-party donor beneficiaries if you pay state income and wholesale taxes.
B)third-party donee beneficiaries if you do not pay city real-property taxes.
C)incidental beneficiaries.
D)third-party creditor beneficiaries.

Question 26

Contracts with unlicensed persons are unenforceable by the unlicensed person if the purpose of the licensing statute is to protect the public from unqualified practitioners.​

Question 27

Under the federal Magnuson-Moss Warranty Act no seller is required to give a written warranty, but the seller who elects to do so must label it as either full or limited.​

Question 28

The holding in the end of chapter case of Hamer v. Sidway was that oral testimony of prior negotiations cannot be introduced to vary the terms of a integrated contract.​

Question 29

The end of chapter case of Lucy v. Zehmer provided a good example of the objective person standard used to establish the necessary intent to create a contract​

Question 30

Many state laws relating to regulation of interest and usury are based on religious principles found in major religions including Judaism and Islam.​

Question 31

An agreement that may be either legally enforced or rejected by one party is an enforceable but voidable contract.​

Question 32

A valid offer to contract is terminated before acceptance​

A)after a reasonable lapse of time, if no specific time is stated.
B)by destruction of the subject matter of the offer.
C)by death or incompetence of the offeror or offeree.
D)any of the above

Question 33

Race horse breeder Melinda Smartay and sportsman Santé Sharpe had engaged in intermittent discussion and friendly argument over the sale price of "Intermittent Lightning," a thoroughbred. After they finally signed a contract transferring ownership to Sharpe, he confessed, "Y'know, I was prepared to offer you another 100 grand for that beauty." Smartay replied, "Well, I was prepared to let you steal it for a 100 grand less." Accordingly,

A)there was no valid contract since there was no meeting of the minds.
B)there was a valid contract under the objective theory of contracts.
C)horse-trading is a field unto itself where unique and special rules apply; their deal should be submitted to the official State Racing Board for review and approval.
D)contracts for the sale of goods require specific court approval and because none had yet occurred the agreement can be rescinded.

Question 34

An executed contract is one that has been performed by both parties.​

Question 35

Sara Sou is "bearish" and is of the opinion that the price of Muggle Company stock will drop within a few weeks; Stefan Gordon is "bullish" and thinks the price will go up. Sara sells her 1,000 shares of Muggle Co. stock to Stefan for $100 a share. If, within a few weeks, the price of a share of Muggle Co. stock​

A)does not change, both Sara and Stefan can legally rescind because of their mutual mistake as to the value of the stock.
B)drops sharply to $1, Stefan alone can rescind because of Sara's fraud.
C)rises sharply to $200 a share, Stefan can rescind because of his unilateral mistake
D)None of the above is correct. Different expectations of the future value of a good (e.g., the Muggle Co. stock)do not affect the validity of a contract for its sale.

Question 36

Although the parties failed to comply with the applicable statute of frauds, a contract that was fully executed​

A)is a valid contract.
B)is subject to rescission because of failure to comply with the statute of frauds.
C)subjects one or both parties to criminal prosecution.
D)subjects one or both parties to civil damages for the tort of fraud.

Question 37

Steve Shredder promised to move all practice sessions of his high-volume group the "Scan Jet Fondue" to a location far from his home in exchange for his neighbor Osgood Wheet's promise to pay the music group $300 a month for nine months, commencing immediately. The mutual promises are​

A)enforceable, because each party enjoys some resulting legal benefit and each suffers some legal detriment.
B)unenforceable, because playing of music wherever, whenever, and however one pleases is guaranteed as human expression under the Bill of Rights.
C)unenforceable, because tastes in music-or in other art forms-are not to be disputed, and the simple absence of music (or noise)is too intangible to have measurable value.
D)enforceable if in writing, but not if the agreement is oral.

Question 38

Early one morning at New York's Kennedy airport, Professor Kevin Calandry, an economist and frequent flyer to Dallas (for consultations) is afraid he will miss his plane. As he races past a newsstand he grabs a copy of the New York Times from a stack, and waves it at a clerk. The clerk smiles, mouths the words "Late again?" and waves him on. This three-second drama illustrates​

A)shoplifting.
B)an implied in fact contract, on credit.
C)a bilateral contract.
D)a quasi-contract.

Question 39

Parties to a contract may specify in advance the amount of damages that must be paid in case of breach. These liquidated damages​

A)are generally payable in a liquid form (for example oil, or solvents, or alcoholic beverages).
B)are enforceable if they are a penalty designed to frighten parties into performance as agreed.
C)must be reasonable and not a penalty. They reflect the difficulty of assessing the actual or anticipated damages that would be caused by any future breach.
D)are most appropriate when actual damages will be easy to calculate.

Question 40

Written contracts made by a person who, at the time, is intoxicated by alcoholic beverages​

A)are always void.
B)are always voidable by the intoxicated person after becoming sober.
C)are always valid if he or she voluntarily started and continued drinking the alcoholic beverages.
D)are valid if the person was sober enough to understand the nature of the contract at the time he or she signed it.

Question 41

The statute of frauds,​

A)requires all-important contracts to be in writing and signed by the party against whom action is brought.
B)specifically states in great detail the nature and amount of written information that must be included in the formal contract, if it is to be enforceable.
C)as its name indicates, is designed to prevent all varieties of fraudulent conduct in contracting.
D)if not complied with, renders some otherwise valid contracts unenforceable.

Question 42

The famous heart surgeon Dr. Ardmeyer entered into an agreement with Brenda Thrope to do heart surgery on Brenda immediately after her University final examination. Unfortunately, the time of the operation conflicted with Dr. Ardmeyer' s bowling tournament, and the doctor assigned the operation to Muckinfuss, a licensed doctor and recent graduate of an unaccredited medical school, Cashcow University of the Somewhat Offshore Islands. Brenda, under anesthesia, was unaware of the switch in surgeons. The surgery was successful and Brenda has completely recovered. Brenda has decided not to pay. No contract terms covered any transfer of responsibility for the surgery.

A)The operation was successfully performed, so Brenda has to pay.
B)Any task under a contract may be assigned as long as the assignor has confidence in the assignee.
C)Dr. Ardmeyer had the right to delegate the physical aspects of the operation to any other licensed doctor.
D)Dr. Ardmeyer had contracted to perform a unique individualized service for Brenda, and because of this, Brenda is not obligated to accept, or pay for services rendered by any other person.

Question 43

In which of the following cases will an agreement be enforced even though reciprocal consideration is lacking?​

A)an agreement between close relatives related by common heritage or marriage
B)a promise to purchase season tickets to a major league baseball team.
C)a promise by a student to a teacher that from now on the student will read the textbook before attending class
D)a new promise to pay a debt where collection has been legally blocked by running of a statute of limitations

Question 44

When one party has vastly superior bargaining power over another, they often draft their contracts without consultation with the other party. These contracts are called​

A)adhesion contracts.
B)unconscionable contracts.
C)unenforceable contracts.
D)t o r t s .

Question 45

The running of the statute of limitations on a contract between Martha, the debtor, and Zelda, the creditor​

A)extinguishes Martha's duty (the contract is void).
B)acts as an accord.
C)bars Zelda's remedy (the contract is unenforceable).
D)is unilateral performance.

Question 46

Which of the below is an example of a novation? ​ ​

A)Art and Burt agree to terminate their supply contract.
B)Art and Burt enter into an agreement supported by consideration wherein Art agrees to pay a debt Burt owes Carstairs.
C)Art, Burt and Carstairs all agree that Burt will assume Art's rights and duties in a contract between Art and Carstairs.
D)All of the above are examples of a novation.

Question 47

The Uniform Commercial Code governs contracts for​

A)services.
B)bicycles.
C)real estate.
D)employment.

Question 48

The law recognizes all of the following as fiduciary relationships except that of​

A)lawyer or doctor, with client or patient.
B)spouse with other spouse, regardless of the duration of the marriage.
C)dating couples in a happy monogamous relationship.
D)members of a general partnership in their dealings with each other related to the business of the firm.

Question 49

Sean and Janine sign an agreement that provides for the payment of $3,000 by the party that commits a material breach of the contract. It appears at the time the clause is signed that a breach by either party will create substantial damages. This clause is a​

A)rescission clause.
B)liquidated damage clause.
C)penalty clause.
D)nominal damage clause.

Question 50

Broadnorf Warbeagle is specifically designated to receive cash benefits of $2,000 from Ferd under a contract solely between Cantwell and Ferd. Cantwell owes Broadnorf $4,000. Ferd had never heard of Broadnorf before his recent contract with Cantwell.
​
The fact situation suggests the existence of​

A)third-party rights and a delegation of duties.
B)an accord and satisfaction.
C)a substantial performance of a liquidated damage clause.
D)a statutory mutual assent.

Question 51

Broadnorf Warbeagle is specifically designated to receive cash benefits of $2,000 from Ferd under a contract solely between Cantwell and Ferd. Cantwell owes Broadnorf $4,000. Ferd had never heard of Broadnorf before his recent contract with Cantwell.
​
Broadnorf Warbeagle appears to be a​

A)incidental beneficiary.
B)creditor beneficiary.
C)assignor.
D)donee beneficiary.

Question 52

Janquese attended a meeting on March 4, 2004, where he met Bradshaw. Janquese orally contracted to hire Bradshaw as a service representative for ten months. Bradshaw was required to begin work on June 26, 2004. Before Bradshaw begins performance,​

A)Written evidence of the contract is not necessary for its enforcement.
B)The Statute of Frauds renders this agreement unenforceable.
C)This agreement is an example of the substantial performance rule.
D)This is a firm offer under the UCC.

Question 53

Which of the following is a warranty implied by law in contracts for the sale of goods?​

A)warranty of conformity to description, sample, or model
B)warranty of merchantability
C)warranty of conformity to seller's statement or promise
D)warranty that the goods are made with union labor

Question 54

Chad, who owns the only coffee shop in Rivercity, learns that Jose is about to open a competing coffee shop in the same small town, just a few blocks from Chad's. Chad offers Jose $10,000 in return for Jose's promise not to open a coffee shop in the Rivercity area for six months. Jose accepts the $10,000 but goes ahead with his plans, even though he had agreed not to do so. When Jose opens his coffee shop for business, Chad sues to enjoin Jose's continued operation or to recover the $10,000.​

A)As this contract is not part of an otherwise legal contract it is an illegal anti-competition agreement and is not enforceable.
B)As this contract is reasonable as to time and scope it is enforceable.
C)Although the agreement is not enforceable Chad will get his $10,000 back because he did  what he promised.
D)This is enforceable as a narrow exception to enforcement of anti-competitive clause

Question 55

Which of the following choices best completes this sentence? An adhesion contract is one​

A)the terms of which are prepared by one party with superior bargaining power, usually in a standardized form, and presented to the other prospective contracting party on a "take-it-or leaveit" basis.
B)that "adheres to" both parties; that is, legally binds both parties.
C)that is only recognized only under sales law in Louisiana and Florida.
D)so one-sided that courts will ordinarily refuse to enforce it.

Question 56

After ten years of marriage and months of searching, Jan and Jon find what they think is their "dream house." Actually, they want to confirm the availability of required financing. What should they do?​

A)"Bite the bullet," and sign the purchase contract immediately.
B)Tell the seller "We'll be back; please hold this house for us and for our twins."
C)Offer to purchase the home contingent upon their ability to obtain reasonable financing within a couple of weeks.
D)Keep on looking; there's always a "better deal" somewhere, if you shop long enough.

Question 57

An executory contract between a minor and an adult is​

A)absolute.
B)voidable by the adult.
C)voidable by the minor only.
D)a void agreement.

Question 58

Legally sufficient consideration may consist of which of the following?​

A)a n act
B)a promise to do something
C)a promise to not do something
D)all the above

Question 59

A quasi-contract is​

A)a bilateral contract.
B)a contract that meets four of the six basic requirements of a contract.
C)not a contact at all, but an improper attempt at a contract that is void.
D)not a true contract at all, but an obligation created by law.

Question 60

Broadnorf Warbeagle is specifically designated to receive cash benefits of $2,000 from Ferd under a contract solely between Cantwell and Ferd. Cantwell owes Broadnorf $4,000. Ferd had never heard of Broadnorf before his recent contract with Cantwell.
​
Cantwell, by entering into his agreement with Ferd, has ​ ​

A)extinguished his obligation to Broadnorf.
B)made a partial delegation of his duty to pay Broadnorf.
C)made an partial assignment of his duty to pay Broadnorf.
D)created a three-party novation, also referred to by Justice Baadoza in Marbury v. Madison as a "three-legged monte."

Question 61

Heavyweight boxers Mike Tyson and Evander Holyfield met in 1997 in Las Vegas for a championship match. During the third round of the fight, a desperate Tyson bit off a piece of Holyfield's ear. The fight continued until moments later when Tyson bit Holyfield's other ear. Tyson was disqualified. Some fans were so outraged that they sued Tyson and the fight promoters seeking a refund. They sued on the basis of, among other theories, a claim to being third-party beneficiaries to various contracts into which the defendants had entered. The fans:​

A)Can recover as third party done beneficiaries
B)Can recover as third party creditor beneficiaries
C)Can recover as third party intended beneficiaries
D)Cannot recover as they are merely incidental beneficiaries with no rights in the contracts to which Tyson was a party.

Question 62

Vian, Mariah Carey's stepfather before she achieved stardom, was in the business of designing, producing, and marketing gift and novelty items. He claimed that Carey agreed orally to give him a license to produce "Mariah dolls," which would be statuettes of the singer that would play her most popular songs. Vian asserted that this right was given in exchange for his financial and emotional support of Carey, including picking her up from late-night recording sessions, providing her with the use of a car, paying for dental care, allowing her to use his boat for business meetings and rehearsals, and giving her various items to help furnish her apartment. Vian based his claims on three conversations, twice in the family car and once on Vian's boat. Vian said to Carey "Don't forget about the M riah dolls." According to Vian, on one occasion, Carey said, "Okay." On other occasions, she merely smiled and nodded. Carey said she thought it was a joke. Is there a contract?​

A)There is a no contract because there is no evidence that Carey intended by a nod of her head or the expression "okay" to enter into a complex commercial licensing agreement involving her likeness and playing her copyrighted songs.
B)There is no contract because there is no written agreement, and all contracts must be in writing to be enforced.
C)There is no contract if either party thought it was a joke.
D)All of the above
E)None of the above. There is a contract if she promised him the right in return for his past financial support.

Question 63

In the historic case of Hamer v. Sidway , the nephew:​

A)lost, as there was no consideration.
B)lost, as the uncle was dead.
C)won, as there was consideration.
D)won, as there was a completed gift.

Question 64

Baker, a minor, entered into a 3-year contract with Adidas to wear its footwear for $20,000 in the first year of the contract and $25,000/year for each of the final 2 years. The agreement provided that any claim of Baker's arising out of the agreement, would be governed by the law of the Netherlands and settled by Amsterdam courts. On April 10, 2004, Baker turned 18. On April 19, 2004, Adidas sent
Another payment to Baker for $12,500, and in May, the company flew Baker to Portland to try a redesigned shoe. In Oct. 2004, Adidas International wired $12,500 to Baker, thus completing its contractual obligation to pay Baker a $25,000 endorsement fee for 2004. Baker ended her athletic career because of a foot injury at about the same time Adidas completed its payment obligation. She then brought suit against Adidas in NC state court, alleging the shoes caused the injuries that ended her career. Adidas claims she must sue in the Netherlands under the contract.​

A)She need not sue in the Netherlands, because she entered into the contract when she was a minor and can disaffirm it.
B)Since minors can disaffirm parts of the contract and affirm parts of the contract, she can disaffirm the forum selection clause and sue in North Carolina.
C)She cannot disaffirm the contract, in whole or in part, because she ratified it by accepting the payments after she turned 18.
D)She can disaffirm because a contract for the endorsement of goods is governed by the UCC.

Question 65

Ruby's laundry room needed cleaning. She promised her seventeen year-old daughter Pearl that if she cleaned the laundry room, she would pay her $50. Which statement is TRUE?​

A)Pearl is obligated to perform under an express bilateral agreement and Ruby is obligated to pay.
B)This is an example of a unilateral contract and Pearl is under no obligation to perform, but if she does, she is entitled to $50.
C)This is an example of a quasi contract, and if Pearl cleans, she would be entitled to the value of her services, which may or may not be $50.
D)There is no consideration so no contract.

Question 66

Assume that there is a contract for the sale of the hat for $10. DB refuses to perform the agreement and deliver the hat. If similar hats are selling on eBay for $100, what would be Dan's remedy?​

A)Specific performance, a court order to make DB give Dan the hat
B)Injunctive relief, a court order to stop DB from selling the hat to anyone else.
C)Compensatory damages of $90
D)Nominal damages of $1
E)Punitive damages of $100

Question 67

Adrian sent an offer to Sehar by mail to sell him a used computer monitor for $125. An appropriate response accepting this offer is first effective to form a contract when​

A)Sehar's acceptance arrives at the Adrian's.
B)Sehar decides to accept.
C)Sehar's acceptance is put in an envelope to mail.
D)Sehar mails his letter of acceptance.

Question 68

Morse, age 35, is a bartender for the Nordic Restaurant in Nevada. Craig brought twenty of his friends to the restaurant to celebrate a rare soccer victory and he ordered four rounds of drinks. The bill totaled $250. Craig later learned that Morse failed to renew her bartender's license, and Nevada requires a license to be a bartender. Craig refuses to pay, claiming the contract is unenforceable because Morse lacks a license. Requirements for such a license in Nevada include that the applicant be 21 years old, a non-felon, and pay a $100 fee.​

A)The contract is voidable at Craig's option.
B)This contract must be in writing to be enforceable.
C)The contract is valid and Craig must pay the bill.
D)The contract is void because Morse lacks the appropriate state license.

Question 69

DB offered to sell a cap for $10. Nate said, "I'll pay you $1." DB said OK.​

A)There is a contract for the sale of the hat for $1.00.
B)There is no contract for the sale of the hat because nothing is in writing.
C)There is no contract because there was only an offer and acceptance
D)There is no contract because there is no consideration.

Question 70

Dr. Aurigemma sued his employer, a rehabilitation center, for violation of an alleged oral agreement pursuant to which the doctor alleged he was to serve as medical director. The doctor alleged that he entered into an oral agreement on September 4, 2003, whereby he agreed to serve as medical director for one year beginning October 1, 2003 for a salary of $120,000. The employer denied any such agreement and contended that the contract was not enforceable. Does the Statute of Frauds require that the agreement be in writing?​

A)Yes, it was for more than $500.
B)Yes, it was not capable of being performed within a year.
C)Both of the above.
D)Neither of the above. It was for one year so an oral agreement can be enforced.

Question 71

Tony entered into a complete and final written lease agreement for an apartment. The lease specified in bold, "NO PETS." At the time the parties signed the agreement, Tony pleaded with the landlord to  allow him to keep Fluffy his cat. The landlord promised orally that keeping the cat would not be a problem. Tony's friends can attest to the fact that the landlord made this oral promise, but now the landlord wants to terminate the lease agreement. The lease provides for early termination with a penalty provision if pets are found on the premises. Which of the following statements is TRUE?

A)Evidence cannot be admitted to show that there was an oral agreement that was inconsistent with the terms of the written contract, so the written agreement stands, and Fluffy must go.
B)The written contract was modified orally when it was executed so the oral agreement is binding. Fluffy stays.
C)The oral agreement can be proved so it can be enforced. Fluffy stays.
D)The Statute of Frauds does not require leases to be on writing, so the oral agreement is not in violation of either the Statute of Frauds or the Parole Evidence Rule. Since the oral agreement is valid, Fluffy stays.

Question 72

DB offered to sell a cap in her possession for $10. Dan said he would pay $5.

A)There is a contract for the sale of the hat for $10.
B)There is a contract for the sale of the hat for $5
C)There is no contract because Dan's counter-offer terminated his power of acceptance.
D)There is a contract if DB says nothing to Dan's proposal, because then her silence would be an acceptance.

Question 73

Students canceling their housing contract after occupying their room shall pay damages in of $5.00 per day for the remainder or unexpired portion of the term of the academic agreement, not to exceed $400." This clause in the contract for student housing is a(n):​

A)Liquidated Damages Clause
B)Exculpatory Clause
C)Novation
D)Option Contract

Question 74

Promising to do something that one does not have an obligation to do in reply to a request from another usually constitutes:​

A)consideration
B)promissory estoppel
C)capacity
D)detrimental reliance

Question 75

DB offered to sell a cap for $10. Dan asked if she would give him 2 hours to think about it. She said, "Sure." Dan checked eBay, learned the hat was worth $100, but before he could call to accept the offer, she revoked it.​

A)There is a contract for the sale of the hat if the 2-hour period had not expired, because she promised to keep the offer open.
B)There is a contract for the sale of the hat, but only if the offer was in writing.
C)There is a contract because of the option.
D)There is no contract because DB revoked the offer prior to acceptance and there was no consideration for her promise to keep it open.

Question 76

Sara and Rizwan enter into a contract by which Rizwan agrees to pay Sara $200 for a new digital player, Sara's subsequent transfer of her right to receive payment for the new digital player is known as:​

A)a delegation.
B)an assignment.
C)a novation.
D)a quasi-contract.

Question 77

DB offered to sell a cap for $10. Dan said no to the offer. After checking on eBay, and learning that the hat was worth $100, he called DB, said he changed his mind and he would buy the hat for $10.​

A)There is a contract for the sale of the hat for $10.
B)There is only an offer by Dan for the purchase of the hat for $10.
C)There is no contract because Dan revoked the offer.
D)There is no contract because DB revoked the offer.

Question 78

Plotty's Discount Motors sold a Pontiac Grand Am to Charles. The car's odometer said it had less than 130,000 miles on it, but a history report says the actual mileage is about 230,000. Plotty's Motors was manipulating the odometer dial on vehicles and turning the mileage listed backwards in order to make the vehicles more appealing to prospective buyers. If Charles chose to keep the car and sue for
Damages, which statement is TRUE?​

A)Charles would be entitled to punitive damages for the fraud.
B)Charles would be entitled to compensatory damages equal to the difference in the value of a car with 230,000 miles and one with 130,000.
C)Both of the above.
D)Neither of the above. He would only be entitled to nominal damages.

Question 79

The Carolina Panthers signed a 4-year $22 million contract with Cam Newton. Which of the following statements is TRUE?​

A)Cam could assign his right to payment from the Panthers to the Special Olympics.
B)Cam could not delegate his duty to play to a comparable athlete.
C)The Panthers organization could delegate their duty to pay Cam to a subsequent owner of the team.
D)All of the above
E)None of the above

Question 80

"Dear Lawyer, Before we married my husband and I had an agreement that, if I married him, he would give me certain things. We texted about things he promised me, like jewelry and a car, and an email states he was to have his attorney draw up a prenup prior to our marriage. He lives in Ohio and I live in Colorado. He arrived in Colorado one day before our wedding without the prenup. While here he spoke with two of my children and two of my friends about the terms of our prenup and what he would be giving me after we wed. After being together for 3 1/2 months, he threw me out for no reason other than 'Sometimes I want to be married and sometimes I don't.' Am I entitled to the stuff he promised me?"​

A)No, the contract is not capable of being performed in a year because marriage is a longer commitment.
B)No, prenuptial agreements must be in writing and signed by the party to be charged, in this case her husband.
C)No, prenuptial agreements must be in writing and signed by both parties.
D)Yes, there are witnesses to the oral promise, her children and friends.