Deck 8: Nature and Classification

Question 1

All contracts must be in writing to be enforceable.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Every contract involves at least two parties.

Answer 3

True

Question 4

The only requirement for a valid contract is that the parties voluntarily entered into it.

Question 5

A contract is an agreement that can be enforced in court.

Question 6

An agreement is NOT one of the requirements of a valid contract.

Question 7

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

Question 8

A lottery is an example of an offer for an unilateral contract.

Question 9

The term consideration refers to the voluntary consent of all of the parties to a contract.

Question 10

A contract is valid only if both of the parties entering into it have the capacity to do so.

Question 11

The person who makes a promise is the promisee.

Question 12

An offeree is a person who makes an offer.

Question 13

The element of intent is not very important in determining whether a contract has been formed.

Question 14

Contract law assures the parties to private agreements that the promises they make will be enforceable.

Question 15

In contract law, intent is determined by the objective theory of contracts.

Question 16

Informal contracts require a special form or method of creation.

Question 17

Some promises create moral, but not legal, obligations.

Question 18

A promise is a declaration that something will or will not happen in the future.

Question 19

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

Question 20

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

Question 21

Jonathon promises to pay child support and alimony to his ex-wife every month after their divorce. Jonathon has

A) only a moral obligation to do keep his promise.
B) only a legal obligation to keep his promise.
C) both a legal and a moral obligation to keep his promise.
D) no obligation to keep his promise.

Question 22

A contract can be executed on one side and executory on the other.

Question 23

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

Question 24

A quasi contract is not a true contract.

Question 25

Jack promises to buy Lizette's used textbook for $60. Jack is

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

Question 26

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

Question 27

Quasi contracts are often used by courts, even in cases where there is an actual contract that covers the area in controversy.

Question 28

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

Question 29

A quasi contract is not enforceable by a court.

Question 30

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

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

Question 31

Letters of credit are formal contracts that are often used in international sales contracts.

Question 32

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

Question 33

One purpose of quasi contracts is to prevent unjust enrichment of one party at the expense of another.

Question 34

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

Question 35

An express contract does not need to be in writing.

Question 36

An implied contract is implied from the conduct of the parties.

Question 37

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

Question 38

A void contract is enforceable if it is in writing.

Question 39

Cynthia tells Darryl that she will deliver his boxes of Paradise Cookies as he directs. A declaration that one will do something in the future is part of the defini?tion of

A) a prediction.
B) a premise.
C) a principle.
D) a promise.

Question 40

Jim tells Dana that he will take her out to lunch on Thursday. Jim has made Dana a

A) prediction.
B) promise.
C) bilateral contract.
D) void contract.

Question 41

Wilson buys a lottery ticket at his local gas station. Wilson has accepted an offer for a

A) bilateral contract.
B) unilateral contract.
C) void contract.
D) unenforceable contract.

Question 42

On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if various tasks are completed by Friday. On Wednesday, when Outdoor has finished more than half of 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 43

Jonah tells Levi he will give him an Xbox if Levi does Jonah's chores for a month. Levi promises to do the chores. Jonah and Levi have formed a

A) bilateral contract.
B) unilateral contract.
C) void contract.
D) unenforceable contract.

Question 44

Opie offers to sell his guitar to Pinky for $200. Pinky agrees. They complete and sign a printed form and Pinky gives Opie a check for the price. The check is

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

Question 45

Flo tells Ginger during a phone call that she will buy her textbook from last semester for $65. Ginger agrees. These parties have

A) no contract.
B) an express contract.
C) an implied contract.
D) a quasi contract.

Question 46

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 47

Tania promises to buy Saki's handheld video game-player for $40. Saki is

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

Question 48

Bobbie claims that Carly breached their contract. Carly responds that she 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 49

On behalf of the rock group Uno, their manager Thalia agrees to a performance in Seaside Amphitheater on July 4. Rex, acting for Seaside, sends a written copy of the agreement to Thalia to be signed. If Thalia signs the copy, the parties will have

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

Question 50

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 51

Peter offers to pay Quik Delivery (QD) $50 if it picks up and delivers to him a package of business documents from Rico within thirty minutes. QD can ac?cept 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 52

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) Phil's education.
D) the terms of Phil's employment.

Question 53

Scot and Tiffany enter into an implied 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 54

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 55

When Jeff's car breaks down, he asks Insta-Tow, Inc., to tow it to Huey's Repair Shop. There is no discussion of a price, and Jeff and Insta-Tow do not sign any documents. Later, Insta-Tow 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) an implied-in-law contract.
D) no contract.

Question 56

Kelly tells Jimmy she will pay him $1,000 if he builds a shed in her backyard. Kelly is a(n)

A) offeree.
B) offeror.
C) promisee.
D) contractor.

Question 57

Ellen offers to sell her math textbook to Julia for $50. Julia does not respond. Ellen and Julia do not have a contract because they lack the requirement of

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

Question 58

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

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

Question 59

Kathryn signs a lease agreement for an apartment. Kathryn has entered into a(n)

A) express contract.
B) implied contract.
C) quasi contract.
D) unenforceable contract.

Question 60

Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is said 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 express contract.
C) an implied contract.
D) a voidable contract.

Question 61

Cody signs and returns a letter from Dora, referring to her sale of the Bar-D Ranch and its price. When Cody attempts to complete the deal, Dora re?fuses, claiming that they have no con?tract. Cody claims they do. What standard determines whether these parties have a contract?

Question 62

Debit & Credit Accounting Services and Brickwork Construction Company negotiate a con?tract. Terms in the contract that are the subject of separate negotiation will be con?sidered 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 63

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 64

Cory believes that he and Dian agreed that 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' 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 agree they intended.

Question 65

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

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

Question 66

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 prom?ise to pay. Avatar delivers. The contract is

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

Question 67

In negotiations with Coastal Distribution Company, Briggs Trucking, Inc., in?sists that their contract be drafted ac?cording to certain plain language laws. These laws concern the phrasing of

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

Question 68

Livewire Company and McCoy's Candy, Inc., sign a document that states Livewire agrees to design a We

A) an actual contract.
B) a fictional contract.
C) an implied contract.
D) a quasi contract.

Question 69

Ed, a businessperson, is a friend of Fran, the owner of a Percolated Coffee & Baked Goods store. Every day, Ed spends five minutes in Fran's store, looking at the goods and usually buying one or two cinnamon buns or bagels. One afternoon, Ed goes into the store, looks at the items, and picks up a $1 chocolate brownie. Ed waves the brownie 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?

Question 70

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 71

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 72

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) both parties agree to a wholly different contract.
D) a wholly different contract is imposed "as if" the parties had agreed.