JD NEXT EXAM TEST PAPER QUESTIONS AND
ANSWERS SURE A+
✔✔No, because the man did not know of the reward offer at the time he returned the
wallet. - ✔✔When a woman's wallet went missing, she posted a missing flier on
Facebook. The flier offered a $50 reward for anyone who returned her wallet with all the
cash back to her. The next day, a man was in a Walmart parking lot and noticed the
wallet on the ground and knew it belonged to the woman. The man took the wallet to the
woman's house and returned it to her. Neither party made any mention of the reward.
Later that afternoon, the man saw the missing flier on Facebook for the first time. Upset
that the woman did not pay him $50, he went back to her house and demanded the
money.
✔✔Yes, because the flyer, while directed to the public, has language inviting a
particular performance. - ✔✔Katie hangs up a flyer in front of her house that reads, "I
will leave everything I own to the first person to bring me an original Van Gogh painting."
Is this an offer?
✔✔Gratuitous Promise - ✔✔a usually unenforceable promise that is made without
consideration. Typically it is the promise of gifts or unilateral pledges to confer benefits.
✔✔Promissory Estoppel - ✔✔principle that prevents someone from going back on a
promise made, especially when the other party has relied on that promise to their
detriment.
✔✔According to legal experts in contract law, if I say to you :"If you go over to the
bookstore there, you may purchase a sweatshirt on my credit": - ✔✔It is often difficult to
determine whether words of condition in a promise indicate a request for consideration
or state a mere condition in a gratuitous promise
✔✔According to legal experts in contract law if I promise to give my daughter, Marley, a
valuable painting in exchange for her promise to give me $1 and she says nothing: -
, ✔✔The agreement will not be enforced absent some rationale to enforce the promise
without consideration.
✔✔Promises made out of a sense of moralobligation or honor - ✔✔lack consideration
as held in most states.
✔✔A completed gift promise is - ✔✔not revocable
✔✔Damages - ✔✔the remedy sought.
✔✔True - ✔✔A contract must be supported by consideration.
✔✔True - ✔✔Waiver of a legal right at the request of another party is consideration.
✔✔True - ✔✔It does not matter whether or not the thing promised is a benefit.
✔✔True - ✔✔Plaintiff argued that abstaining from drinking, smoking, etc. served as
consideration.
✔✔True - ✔✔Court responded that a rule requiring a court to determine whether a
promise benefits a party would be intolerable and will not be followed.
✔✔True - ✔✔Court finds the nephew's restriction of his "lawful freedom of action" was
consideration.
✔✔A common law form of legal action available to a plaintiff who claims that a contract
has been breached. - ✔✔Which of the following choices best explains the term
"assumpsit," as used in Hawkins v. McGee?
✔✔$6,000
$50,000
$0 - ✔✔Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified
as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the
payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with
the transaction. How much can Seller, injured party, recover?
✔✔It is often difficult to determine whether words of condition in a promise indicate a
request for consideration or state a mere condition in a gratuitous promise. -
✔✔According to legal experts in contract law, if I say to you: "If you go over to the
bookstore there, you may purchase a sweatshirt on my credit":
✔✔The agreement will not be enforced absent some rationale to enforce the promise
without consideration - ✔✔According to legal experts in contract law if I promise to give
ANSWERS SURE A+
✔✔No, because the man did not know of the reward offer at the time he returned the
wallet. - ✔✔When a woman's wallet went missing, she posted a missing flier on
Facebook. The flier offered a $50 reward for anyone who returned her wallet with all the
cash back to her. The next day, a man was in a Walmart parking lot and noticed the
wallet on the ground and knew it belonged to the woman. The man took the wallet to the
woman's house and returned it to her. Neither party made any mention of the reward.
Later that afternoon, the man saw the missing flier on Facebook for the first time. Upset
that the woman did not pay him $50, he went back to her house and demanded the
money.
✔✔Yes, because the flyer, while directed to the public, has language inviting a
particular performance. - ✔✔Katie hangs up a flyer in front of her house that reads, "I
will leave everything I own to the first person to bring me an original Van Gogh painting."
Is this an offer?
✔✔Gratuitous Promise - ✔✔a usually unenforceable promise that is made without
consideration. Typically it is the promise of gifts or unilateral pledges to confer benefits.
✔✔Promissory Estoppel - ✔✔principle that prevents someone from going back on a
promise made, especially when the other party has relied on that promise to their
detriment.
✔✔According to legal experts in contract law, if I say to you :"If you go over to the
bookstore there, you may purchase a sweatshirt on my credit": - ✔✔It is often difficult to
determine whether words of condition in a promise indicate a request for consideration
or state a mere condition in a gratuitous promise
✔✔According to legal experts in contract law if I promise to give my daughter, Marley, a
valuable painting in exchange for her promise to give me $1 and she says nothing: -
, ✔✔The agreement will not be enforced absent some rationale to enforce the promise
without consideration.
✔✔Promises made out of a sense of moralobligation or honor - ✔✔lack consideration
as held in most states.
✔✔A completed gift promise is - ✔✔not revocable
✔✔Damages - ✔✔the remedy sought.
✔✔True - ✔✔A contract must be supported by consideration.
✔✔True - ✔✔Waiver of a legal right at the request of another party is consideration.
✔✔True - ✔✔It does not matter whether or not the thing promised is a benefit.
✔✔True - ✔✔Plaintiff argued that abstaining from drinking, smoking, etc. served as
consideration.
✔✔True - ✔✔Court responded that a rule requiring a court to determine whether a
promise benefits a party would be intolerable and will not be followed.
✔✔True - ✔✔Court finds the nephew's restriction of his "lawful freedom of action" was
consideration.
✔✔A common law form of legal action available to a plaintiff who claims that a contract
has been breached. - ✔✔Which of the following choices best explains the term
"assumpsit," as used in Hawkins v. McGee?
✔✔$6,000
$50,000
$0 - ✔✔Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified
as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the
payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with
the transaction. How much can Seller, injured party, recover?
✔✔It is often difficult to determine whether words of condition in a promise indicate a
request for consideration or state a mere condition in a gratuitous promise. -
✔✔According to legal experts in contract law, if I say to you: "If you go over to the
bookstore there, you may purchase a sweatshirt on my credit":
✔✔The agreement will not be enforced absent some rationale to enforce the promise
without consideration - ✔✔According to legal experts in contract law if I promise to give
