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42. What must be present in order for a condition subsequent to be recognized as legally
enforceable?
a. sufficient detail; otherwise, the uncertain condition is unenforceable
b. sufficient fulfillment of each parties' collateral contractual obligations
c. reasonable certainty and objectivity; otherwise, the condition will fail
d. reasonable certainty of an unforeseen occurrence of an event - CORRECT ANSWER- -A
43. What type of contractual condition is the statement "I'll buy your horse if he decides he
likes me" an example of?
a. a fiduciary condition subsequent b. a condition precedent
c. an illusory condition precedent d. a condition subsequent - CORRECT ANSWER- -C
44. Which of the following is characteristic of a shrink-wrap agreement?
a. Continued use after posting of amendments to a website constitutes acceptance.
b. The enforceability of terms depends on notification of the user's assent.
c. The effect of opening the package constitutes acceptance of the terms.
d. The appearance on screen is in response to a user's attempt to download product. -
CORRECT ANSWER- -C
,45. In what way are a click-wrap agreement and a browse-wrap agreement different from
one another?
a. Notification prior to assent is required to enforce terms of a click-wrap agreement.
b. Notification prior to assent is required to enforce browse-wrap agreements.
c. Notification and consent are required to enforce browse-wrap agreements.
d. Notification and consent are required to enforce terms of a click-wrap agreement. -
CORRECT ANSWER- -A
46. When resolving a dispute regarding the interpretation of a contract, the court always
bases its interpretation on how a reasonable person would regard a term in a contract.
a. True
b. False - CORRECT ANSWER- -B
47. There is a point where language in a contract is so ambiguous that the contract will fail
for uncertainty.
a. True
b. False - CORRECT ANSWER- -A
48. An entire contract clause could be used to prevent a court from using outside evidence
to interpret a contract.
a. True
b. False - CORRECT ANSWER- -A
49. Courts are not allowed to refer to external sources (e.g., dictionaries) when trying to
determine the meaning of ambiguous terms used in contracts.
a. True
b. False - CORRECT ANSWER- -B
, 50. The courts have implied a duty of honesty into contractual relationships.
a. True
b. False - CORRECT ANSWER- -A
51. Through the doctrine of business efficacy, a judge is entitled to imply terms necessary
to make a contract workable.
a. True
b. False - CORRECT ANSWER- -A
52. The purpose of an entire contract clause is to signal that the parties consider each term
in the contract to carry the same weight.
a. True
b. False - CORRECT ANSWER- -B
53. An implied term may be imposed by the court in order to give effect to the parties'
intentions.
a. True
b. False - CORRECT ANSWER- -A
54. It can be very difficult to predict how a court will interpret any given contract because
the principles for interpreting the rules of a contract are guided by conflicting rules of
construction.
a. True
b. False - CORRECT ANSWER- -A
55. Contracts may be entirely written or entirely oral but not partly oral and partly written.
a. True
Educators Worldwide Questions from Premier
Institutions Guaranteed to Boost Your Grades
Chosen from Top Universities
42. What must be present in order for a condition subsequent to be recognized as legally
enforceable?
a. sufficient detail; otherwise, the uncertain condition is unenforceable
b. sufficient fulfillment of each parties' collateral contractual obligations
c. reasonable certainty and objectivity; otherwise, the condition will fail
d. reasonable certainty of an unforeseen occurrence of an event - CORRECT ANSWER- -A
43. What type of contractual condition is the statement "I'll buy your horse if he decides he
likes me" an example of?
a. a fiduciary condition subsequent b. a condition precedent
c. an illusory condition precedent d. a condition subsequent - CORRECT ANSWER- -C
44. Which of the following is characteristic of a shrink-wrap agreement?
a. Continued use after posting of amendments to a website constitutes acceptance.
b. The enforceability of terms depends on notification of the user's assent.
c. The effect of opening the package constitutes acceptance of the terms.
d. The appearance on screen is in response to a user's attempt to download product. -
CORRECT ANSWER- -C
,45. In what way are a click-wrap agreement and a browse-wrap agreement different from
one another?
a. Notification prior to assent is required to enforce terms of a click-wrap agreement.
b. Notification prior to assent is required to enforce browse-wrap agreements.
c. Notification and consent are required to enforce browse-wrap agreements.
d. Notification and consent are required to enforce terms of a click-wrap agreement. -
CORRECT ANSWER- -A
46. When resolving a dispute regarding the interpretation of a contract, the court always
bases its interpretation on how a reasonable person would regard a term in a contract.
a. True
b. False - CORRECT ANSWER- -B
47. There is a point where language in a contract is so ambiguous that the contract will fail
for uncertainty.
a. True
b. False - CORRECT ANSWER- -A
48. An entire contract clause could be used to prevent a court from using outside evidence
to interpret a contract.
a. True
b. False - CORRECT ANSWER- -A
49. Courts are not allowed to refer to external sources (e.g., dictionaries) when trying to
determine the meaning of ambiguous terms used in contracts.
a. True
b. False - CORRECT ANSWER- -B
, 50. The courts have implied a duty of honesty into contractual relationships.
a. True
b. False - CORRECT ANSWER- -A
51. Through the doctrine of business efficacy, a judge is entitled to imply terms necessary
to make a contract workable.
a. True
b. False - CORRECT ANSWER- -A
52. The purpose of an entire contract clause is to signal that the parties consider each term
in the contract to carry the same weight.
a. True
b. False - CORRECT ANSWER- -B
53. An implied term may be imposed by the court in order to give effect to the parties'
intentions.
a. True
b. False - CORRECT ANSWER- -A
54. It can be very difficult to predict how a court will interpret any given contract because
the principles for interpreting the rules of a contract are guided by conflicting rules of
construction.
a. True
b. False - CORRECT ANSWER- -A
55. Contracts may be entirely written or entirely oral but not partly oral and partly written.
a. True
