LEGL 2700 Roessing Test 3
LEGL 2700 Roessing Test 3 Study
Questions and Answers 2024-2025
GRADED A
contract -Correct Answer ✔a legally enforceable promise or an exchange of promises
Uniform Commercial Code (UCC) -Correct Answer ✔-covers the sale of goods
-goods are tangible, movable items of personal property
-applies to individuals & firms
-uniform state law
-Article 2: applies to contracts
-Section 207: "Battle of Forms" -> Deal still goes through
bilateral contracts -Correct Answer ✔-involve a promise for promise exchange ( mutual
promises)
-acceptance is before action
unilateral contracts -Correct Answer ✔-exist when a promise is made in exchange for
performance
-ex. reward for lost pet
-acceptance has a time period before action is performed
express contracts -Correct Answer ✔parties discuss the promised terms of their
agreement
implied-in-fact contracts -Correct Answer ✔-arise from the conduct of the parties rather
than from the words
-Ex. asking an accountant for advice -> implies a promise to pay the going rate for this
advice
Leyden v. American Accreditation Healthcare Commission -Correct Answer ✔-Leyden
got terminated from her job -> claimed that termination was a breach of an implied
contract
-enforcing implied-in-fact agreements is an important means of ensuring that two
parties' intent to make binding promises is honored
-implied-in-fact must contain the same elements as contracts -> acceptance and
consideration
-employers can weaken the presumption of an at-will employment relationship by
making statements about the employee rights and expectation in policies and manuals
LEGL 2700 Roessing Test 3
,LEGL 2700 Roessing Test 3
implied-in-law contract -Correct Answer ✔when one party is unjustly enriched at the
expense of another, the law may imply a duty on the first party to pay the second even
though there is no contract between the two parties
quasi-contract -Correct Answer ✔not true contracts, but a judicial remedy to prevent on
part from receiving unjust enrichment
enforceable contract -Correct Answer ✔when courts uphold the validity of such
promises
unenforceable contract -Correct Answer ✔if a nonperforming party has a justifiable
reason for noncompliance with a promise
valid contract -Correct Answer ✔-when an agreement is enforceable because all the
essential requirements are present
-can be voided by both parties
void contract -Correct Answer ✔-one that appears to be an agreement but lacks an
essential requirement for validity and enforceability
-only minor can get out of contract
in pari delicto -Correct Answer ✔a situation in which both parties are equally at fault in
an illegal contract
voidable contract -Correct Answer ✔-an agreement when at least one party has the
right to withdraw from the promise made without incurring any legal liability
-can't be voided by either parties
executed contract -Correct Answer ✔one in which the parties have performed their
promises
executory contract -Correct Answer ✔when the parties have not yet performed their
agreement
Elements of an Enforceable Contract -Correct Answer ✔-Offer to enter into a contract
-Acceptance of the offer
-Consideration for each promise
-Capacity of each party to enter into a binding agreement
-Legality of subject matter
Defenses to Contract Enforcement -Correct Answer ✔-Improper form when a writing is
required
-no true meeting of the minds due to fraud or mistake
LEGL 2700 Roessing Test 3
, LEGL 2700 Roessing Test 3
offer -Correct Answer ✔contains a specific promise and a specific amount
indefiniteness -Correct Answer ✔When the terms of an agreement are not definite and
specific
revocation -Correct Answer ✔when the offeror retracts the offer before the acceptance
rejection -Correct Answer ✔-when the offeree rejects the offer
-voids the offer
counteroffer -Correct Answer ✔-when the offeree makes a counterproposal
-has the effect of rejecting the original offer and sending back a new offer for a different
contract
-can't change offer and get original offer
lapse of time -Correct Answer ✔when the offeree fails to accept by a deadline defined in
the offer or after a reasonable period of time
subject matter destruction -Correct Answer ✔when the object of the contract is
destroyed or legally eliminated
offeror death or insanity -Correct Answer ✔-when the offeror no longer has the capacity
to make the offer
-can revoke offer on your behalf
subject matter illegality -Correct Answer ✔when a change in the law renders the
agreement illegal, acceptance is no longer possible
acceptance -Correct Answer ✔-is necessary to create a valid, enforceable contract
-"mirror image rule" -> common law
-counter-offer = rejection under common law
Mirror Image Rule -Correct Answer ✔for an acceptance to create a binding contract,
standard contract law requires that the acceptance must match it exactly
Gottlieb and Co v. Alps South Corporation -Correct Answer ✔-Alps requested
consequential damages from Gottlieb related to the customers' complaints
-Gottlieb claimed that its finished goods form excluded such liability
-Court found that Gottlieb's term was included in the contract even though it appeared
only on Gottlieb's forms and was not specifically discussed by the parties
-Alps' failure to read Gottlieb's forms was irrelevant -> generally true as a contract law
principle
-If Alps foresaw the likelihood of certain outcomes, it should have addressed it with
Gottlieb
LEGL 2700 Roessing Test 3
LEGL 2700 Roessing Test 3 Study
Questions and Answers 2024-2025
GRADED A
contract -Correct Answer ✔a legally enforceable promise or an exchange of promises
Uniform Commercial Code (UCC) -Correct Answer ✔-covers the sale of goods
-goods are tangible, movable items of personal property
-applies to individuals & firms
-uniform state law
-Article 2: applies to contracts
-Section 207: "Battle of Forms" -> Deal still goes through
bilateral contracts -Correct Answer ✔-involve a promise for promise exchange ( mutual
promises)
-acceptance is before action
unilateral contracts -Correct Answer ✔-exist when a promise is made in exchange for
performance
-ex. reward for lost pet
-acceptance has a time period before action is performed
express contracts -Correct Answer ✔parties discuss the promised terms of their
agreement
implied-in-fact contracts -Correct Answer ✔-arise from the conduct of the parties rather
than from the words
-Ex. asking an accountant for advice -> implies a promise to pay the going rate for this
advice
Leyden v. American Accreditation Healthcare Commission -Correct Answer ✔-Leyden
got terminated from her job -> claimed that termination was a breach of an implied
contract
-enforcing implied-in-fact agreements is an important means of ensuring that two
parties' intent to make binding promises is honored
-implied-in-fact must contain the same elements as contracts -> acceptance and
consideration
-employers can weaken the presumption of an at-will employment relationship by
making statements about the employee rights and expectation in policies and manuals
LEGL 2700 Roessing Test 3
,LEGL 2700 Roessing Test 3
implied-in-law contract -Correct Answer ✔when one party is unjustly enriched at the
expense of another, the law may imply a duty on the first party to pay the second even
though there is no contract between the two parties
quasi-contract -Correct Answer ✔not true contracts, but a judicial remedy to prevent on
part from receiving unjust enrichment
enforceable contract -Correct Answer ✔when courts uphold the validity of such
promises
unenforceable contract -Correct Answer ✔if a nonperforming party has a justifiable
reason for noncompliance with a promise
valid contract -Correct Answer ✔-when an agreement is enforceable because all the
essential requirements are present
-can be voided by both parties
void contract -Correct Answer ✔-one that appears to be an agreement but lacks an
essential requirement for validity and enforceability
-only minor can get out of contract
in pari delicto -Correct Answer ✔a situation in which both parties are equally at fault in
an illegal contract
voidable contract -Correct Answer ✔-an agreement when at least one party has the
right to withdraw from the promise made without incurring any legal liability
-can't be voided by either parties
executed contract -Correct Answer ✔one in which the parties have performed their
promises
executory contract -Correct Answer ✔when the parties have not yet performed their
agreement
Elements of an Enforceable Contract -Correct Answer ✔-Offer to enter into a contract
-Acceptance of the offer
-Consideration for each promise
-Capacity of each party to enter into a binding agreement
-Legality of subject matter
Defenses to Contract Enforcement -Correct Answer ✔-Improper form when a writing is
required
-no true meeting of the minds due to fraud or mistake
LEGL 2700 Roessing Test 3
, LEGL 2700 Roessing Test 3
offer -Correct Answer ✔contains a specific promise and a specific amount
indefiniteness -Correct Answer ✔When the terms of an agreement are not definite and
specific
revocation -Correct Answer ✔when the offeror retracts the offer before the acceptance
rejection -Correct Answer ✔-when the offeree rejects the offer
-voids the offer
counteroffer -Correct Answer ✔-when the offeree makes a counterproposal
-has the effect of rejecting the original offer and sending back a new offer for a different
contract
-can't change offer and get original offer
lapse of time -Correct Answer ✔when the offeree fails to accept by a deadline defined in
the offer or after a reasonable period of time
subject matter destruction -Correct Answer ✔when the object of the contract is
destroyed or legally eliminated
offeror death or insanity -Correct Answer ✔-when the offeror no longer has the capacity
to make the offer
-can revoke offer on your behalf
subject matter illegality -Correct Answer ✔when a change in the law renders the
agreement illegal, acceptance is no longer possible
acceptance -Correct Answer ✔-is necessary to create a valid, enforceable contract
-"mirror image rule" -> common law
-counter-offer = rejection under common law
Mirror Image Rule -Correct Answer ✔for an acceptance to create a binding contract,
standard contract law requires that the acceptance must match it exactly
Gottlieb and Co v. Alps South Corporation -Correct Answer ✔-Alps requested
consequential damages from Gottlieb related to the customers' complaints
-Gottlieb claimed that its finished goods form excluded such liability
-Court found that Gottlieb's term was included in the contract even though it appeared
only on Gottlieb's forms and was not specifically discussed by the parties
-Alps' failure to read Gottlieb's forms was irrelevant -> generally true as a contract law
principle
-If Alps foresaw the likelihood of certain outcomes, it should have addressed it with
Gottlieb
LEGL 2700 Roessing Test 3
