BUL 5810 ACTUAL FINAL PAPER UPDATED QUESTIONS
AND ANSWERS GRADED A+
✔✔Daniel is a self-made millionaire, but he has been medically committed to a mental
health facility. A court also ordered Daniel's sister, Michelle, to preside over Daniel's
business affairs. Once inside the mental health facility, Daniel befriends his nurse,
Amanda. One day, Amanda tells Daniel about her invention to help identify stray dogs
and cats. Daniel was so impressed by Amanda's invention that he offers to buy it for
$500,000. Amanda accepts Daniel's offer. Did Daniel and Amanda form a contract? -
✔✔No because Daniel lack the capacity to contract
✔✔Mary induces James to enter into a contract. James subsequently discovers that
Mary intentionally misrepresented the terms of their contract. Upon this discovery,
James tells Mary that he will not perform his promise under the contract. If Mary sues
James for breach of contract, will Mary win? - ✔✔No, because Mary induced James into
the contract by fraudulent misrepresentations, which makes the contract voidable.
✔✔Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly does not
reply. This exchange is an example of: - ✔✔Unilateral contract
✔✔Sonny promises Maria not to foreclose for a period of six months on a mortgage that
Sonny owns on Maria's real property. Relying on this promise, Maria begins to build a
home on the land. If Sonny forecloses in two months, can Maria seek to enforce
Sonny's promise? - ✔✔Yes, Sonny made a non-contractual promise and Maria
reasonably relied on such promise and began building a home on the land.
✔✔Sergio buys an LED television from The Television Superstore in Sacramento,
California. What law governs this transaction? - ✔✔Uniform Commercial Code (UCC)
✔✔Joe sends for a MBA catalog from State University. According to the catalog, the
MBA applications are evaluated on the basis of undergraduate grades, GMAT (the
appropriate standardized test) scores, and references. Joe has a 3.1 GPA, scores very
well on the GMAT, and has excellent references. Based on the criteria listed in the
catalog, Joe applies and pays the $100 application fee. His application is rejected. Later
he finds out that others with low grades and test scores were accepted based on their
family connections with the University. If Joe followed all of the guidelines in the college
catalog and paid the required application fee, then according to the court in Steinberg v.
Chicago Medical School: - ✔✔There is a valid contract
✔✔Joe sends for a MBA catalog from State University. According to the catalog, the
MBA applications are evaluated on the basis of undergraduate grades, GMAT (the
appropriate standardized test) scores, references, and other factors that the University,
in its discretion, believes will enhance the standing of the University. Joe has a 3.1
GPA, scores very well on the GMAT, and has excellent references. Based on the
,criteria listed in the catalog, Joe applies and pays the $100 application fee. His
application is rejected. Later he finds out that others with low grades and test scores
were accepted based on their family connections with the University. If Joe followed all
of the guidelines in the college catalog and paid the required application fee, then
according to the court in Steinberg v. Chicago Medical School: - ✔✔There is a valid
contract, but there has been no breach of that contract by the University or by Joe.
✔✔Joe takes his car into the repair shop to have his tires realigned. While he is waiting
for his car, he sees the repairmen take his car to the area where they change the car's
oil. Joe says nothing as he is hoping he can get a free oil change. Joe watches while
the oil in his car is changed. The car is then taken to the area where the tires are
realigned. Joe watches while the tires are realigned. The employees next take Joe's car
to be washed. Joe did not know his car would be washed, but knows that many car
repair businesses have a practice of cleaning the cars at no additional cost to the
customer after completing the repair work. When Joe is presented with the bill, there is
a charge for the oil change, the realignment, and the car wash.If challenged in court, the
court is most likely to make Joe pay for: - ✔✔The realignment because that is what he
contracted for
AND
the oil change under the doctrine of quasi contract.
✔✔Joe takes his car into the repair shop to have his tires realigned. While he is waiting
for his car, he sees the repairmen take his car to the area where they change the car's
oil. Joe tries to get their attention but cannot because he is not allowed in the repair
area and there is too much noise in there for the repairmen to hear him knocking on the
window. The car is then taken to the area where the tires are realigned. Joe watches
while the tires are realigned. The employees next take Joe's car to be washed. Joe asks
another customer in the waiting room if the car wash is complimentary (free). The
customer points to the sign above the counter listing prices for services, including the
car wash. Joe does not bother trying to get the attention of the repairmen because he
was not successful before, but he does approach the cashier who has just returned
from break. Joe tells the cashier he did not want the car washed. - ✔✔Only the
alignment because that is all he contracted for.
✔✔For purposes of general contract law (common law), an offer must: - ✔✔Be
sufficiently definite and certain
✔✔To be effective, an offer must: - ✔✔Be communicated to the offeree
✔✔Retail stores typically put advertisements in newspapers describing goods and
stating prices. These ads are generally considered to be: - ✔✔Invitations to buyers to
make an offer to buy the goods described.
, ✔✔If an offer has no stated time by which it must be accepted, when does the offer
terminate? - ✔✔after a reasonable period of time
✔✔Which of the following will terminate an offer?
a. Rejection by the offeror.
b. Subsequent illegality of the purpose but not of the subject matter of the offer.
c. Destruction of the subject matter of the offer.
d. Death of the offeree but not of the offeror. - ✔✔Destruction of the subject matter of
the offer
✔✔The mirror image rule relates to which required element of a contract? - ✔✔The
acceptance
✔✔Which is NOT a correct about the UCC's "Battle of the Forms" rule?
a. The UCC battle of the forms rule is what common law calls the mirror image rule.
b. The UCC battle of the forms rule changes the common law's mirror image rule.
c. The UCC battle of the forms rule may result in a contract with terms that are not
identical to the terms included in the offer.
d. What gets included in the final contract terms may depend upon whether the parties
are merchants. - ✔✔The UCC "battle of the forms" rule is what common law calls the
mirror image rule
✔✔According to general (common) contract law, the __________ must be the
__________ of the offer. - ✔✔Acceptance
mirror image
✔✔An offer for the sale of goods under the UCC: - ✔✔must include the quantity
✔✔Who would likely be considered a merchant under the UCC with respect to the
goods in question? - ✔✔An authorized Apple computer dealer selling accessories for
Apple computers and Apple-related products
✔✔Which of the following offers cannot be revoked?
a. Any offer by a merchant under the UCC.
AND ANSWERS GRADED A+
✔✔Daniel is a self-made millionaire, but he has been medically committed to a mental
health facility. A court also ordered Daniel's sister, Michelle, to preside over Daniel's
business affairs. Once inside the mental health facility, Daniel befriends his nurse,
Amanda. One day, Amanda tells Daniel about her invention to help identify stray dogs
and cats. Daniel was so impressed by Amanda's invention that he offers to buy it for
$500,000. Amanda accepts Daniel's offer. Did Daniel and Amanda form a contract? -
✔✔No because Daniel lack the capacity to contract
✔✔Mary induces James to enter into a contract. James subsequently discovers that
Mary intentionally misrepresented the terms of their contract. Upon this discovery,
James tells Mary that he will not perform his promise under the contract. If Mary sues
James for breach of contract, will Mary win? - ✔✔No, because Mary induced James into
the contract by fraudulent misrepresentations, which makes the contract voidable.
✔✔Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly does not
reply. This exchange is an example of: - ✔✔Unilateral contract
✔✔Sonny promises Maria not to foreclose for a period of six months on a mortgage that
Sonny owns on Maria's real property. Relying on this promise, Maria begins to build a
home on the land. If Sonny forecloses in two months, can Maria seek to enforce
Sonny's promise? - ✔✔Yes, Sonny made a non-contractual promise and Maria
reasonably relied on such promise and began building a home on the land.
✔✔Sergio buys an LED television from The Television Superstore in Sacramento,
California. What law governs this transaction? - ✔✔Uniform Commercial Code (UCC)
✔✔Joe sends for a MBA catalog from State University. According to the catalog, the
MBA applications are evaluated on the basis of undergraduate grades, GMAT (the
appropriate standardized test) scores, and references. Joe has a 3.1 GPA, scores very
well on the GMAT, and has excellent references. Based on the criteria listed in the
catalog, Joe applies and pays the $100 application fee. His application is rejected. Later
he finds out that others with low grades and test scores were accepted based on their
family connections with the University. If Joe followed all of the guidelines in the college
catalog and paid the required application fee, then according to the court in Steinberg v.
Chicago Medical School: - ✔✔There is a valid contract
✔✔Joe sends for a MBA catalog from State University. According to the catalog, the
MBA applications are evaluated on the basis of undergraduate grades, GMAT (the
appropriate standardized test) scores, references, and other factors that the University,
in its discretion, believes will enhance the standing of the University. Joe has a 3.1
GPA, scores very well on the GMAT, and has excellent references. Based on the
,criteria listed in the catalog, Joe applies and pays the $100 application fee. His
application is rejected. Later he finds out that others with low grades and test scores
were accepted based on their family connections with the University. If Joe followed all
of the guidelines in the college catalog and paid the required application fee, then
according to the court in Steinberg v. Chicago Medical School: - ✔✔There is a valid
contract, but there has been no breach of that contract by the University or by Joe.
✔✔Joe takes his car into the repair shop to have his tires realigned. While he is waiting
for his car, he sees the repairmen take his car to the area where they change the car's
oil. Joe says nothing as he is hoping he can get a free oil change. Joe watches while
the oil in his car is changed. The car is then taken to the area where the tires are
realigned. Joe watches while the tires are realigned. The employees next take Joe's car
to be washed. Joe did not know his car would be washed, but knows that many car
repair businesses have a practice of cleaning the cars at no additional cost to the
customer after completing the repair work. When Joe is presented with the bill, there is
a charge for the oil change, the realignment, and the car wash.If challenged in court, the
court is most likely to make Joe pay for: - ✔✔The realignment because that is what he
contracted for
AND
the oil change under the doctrine of quasi contract.
✔✔Joe takes his car into the repair shop to have his tires realigned. While he is waiting
for his car, he sees the repairmen take his car to the area where they change the car's
oil. Joe tries to get their attention but cannot because he is not allowed in the repair
area and there is too much noise in there for the repairmen to hear him knocking on the
window. The car is then taken to the area where the tires are realigned. Joe watches
while the tires are realigned. The employees next take Joe's car to be washed. Joe asks
another customer in the waiting room if the car wash is complimentary (free). The
customer points to the sign above the counter listing prices for services, including the
car wash. Joe does not bother trying to get the attention of the repairmen because he
was not successful before, but he does approach the cashier who has just returned
from break. Joe tells the cashier he did not want the car washed. - ✔✔Only the
alignment because that is all he contracted for.
✔✔For purposes of general contract law (common law), an offer must: - ✔✔Be
sufficiently definite and certain
✔✔To be effective, an offer must: - ✔✔Be communicated to the offeree
✔✔Retail stores typically put advertisements in newspapers describing goods and
stating prices. These ads are generally considered to be: - ✔✔Invitations to buyers to
make an offer to buy the goods described.
, ✔✔If an offer has no stated time by which it must be accepted, when does the offer
terminate? - ✔✔after a reasonable period of time
✔✔Which of the following will terminate an offer?
a. Rejection by the offeror.
b. Subsequent illegality of the purpose but not of the subject matter of the offer.
c. Destruction of the subject matter of the offer.
d. Death of the offeree but not of the offeror. - ✔✔Destruction of the subject matter of
the offer
✔✔The mirror image rule relates to which required element of a contract? - ✔✔The
acceptance
✔✔Which is NOT a correct about the UCC's "Battle of the Forms" rule?
a. The UCC battle of the forms rule is what common law calls the mirror image rule.
b. The UCC battle of the forms rule changes the common law's mirror image rule.
c. The UCC battle of the forms rule may result in a contract with terms that are not
identical to the terms included in the offer.
d. What gets included in the final contract terms may depend upon whether the parties
are merchants. - ✔✔The UCC "battle of the forms" rule is what common law calls the
mirror image rule
✔✔According to general (common) contract law, the __________ must be the
__________ of the offer. - ✔✔Acceptance
mirror image
✔✔An offer for the sale of goods under the UCC: - ✔✔must include the quantity
✔✔Who would likely be considered a merchant under the UCC with respect to the
goods in question? - ✔✔An authorized Apple computer dealer selling accessories for
Apple computers and Apple-related products
✔✔Which of the following offers cannot be revoked?
a. Any offer by a merchant under the UCC.
