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BUL 5810 EXAM 2 QUESTIONS WITH CORRECT ANSWERS GRADED A+

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BUL 5810 EXAM 2 QUESTIONS WITH CORRECT ANSWERS GRADED A+ Which of the following contracts is covered by Article 2 of the Uniform Commercial Code? - Answers The sale of new furniture. Any property other than an interest in real property, is/are: - Answers personal property Which of the following is NOT always necessary in order for a valid contract to be formed? - Answers A writing In order to have a valid contract, in addition to the four basic requirements of a contract, which of the following must also occur? - Answers There must be an absence of invalidating conduct, such as duress. What is a requirement of an express contract? - Answers The terms are stated in words. If both parties exchange promises, the contract is: - Answers bilateral. When might a contract might be unenforceable? - Answers If the statute of limitations has passed. The doctrine of promissory estoppel: - Answers is a doctrine that relies on justice and not contractual rights Another name for a quasi contract is: - Answers an implied in law contract Which of the following is required in order to recover in quasi contract? - Answers Acceptance or retention of a benefit conferred on the defendant by the plaintiff Contracts that are implied in law: - Answers are obligations imposed by law on grounds of justice and equity. Ignoring issues of the Statute of Frauds, is there a contract for the sale of Vinny's Celica? - Answers Yes, between Vinny and Oscar for $5,000 cash, since that was the first offer accepted. Molly signs a contract with a publishing company to edit text manuscripts. This contract is governed by - Answers state common law. Sally offers to sell her Business Law textbook from last semester to Bob for $50.00. Bob accepts Sally's offer and tells her he will pay her on Friday when he gets his paycheck. A contract is formed: - Answers when Bob accepts Sally's offer Aaron's boss offers to pay him $500 if he will pretend he is sick so that he does not have to show up for jury duty, but will go to work instead. Aaron knows that this is against the law, but he would rather be paid $500 from his boss than the $30 that the court will pay him for jury duty. Aaron calls in sick and is excused from jury duty. This agreement between Aaron and his boss is: - Answers not a contract Sid makes a material representation of fact regarding his car to Barbara while out driving one day. The next day, Barbara calls Sid and offers to buy his car. Sid accepts Barbara's offer without correcting the misrepresentation of fact that he made the previous day. What is the effect of the material representation on the agreement between Sid and Barbara? - Answers Barbara may avoid the contract. Bill enters into a contract with Harry. The terms are that Bill will build an addition to Harry's home, replace the roof on Harry's garage, and make repave Harry's driveway in exchange for Bill's payment to Harry of several thousand dollars once all of the projects have been completed. If the driveway repavement has not yet been completed, but the addition and the roof have been completed, which term describes the type of contract in existence? - Answers Executory Vince has lost his job and is having difficulty making ends meet. Last week, the bank repossessed Vince's car. He is telling his neighbor Paul about his bad luck and Paul says he wishes he could help Vince. Paul suggests that maybe Vince could have the old car sitting in Paul's garage if Vince could get it to run. He ends the conversation by saying "Let me think about it." The next day while Paul is at work, Vince goes into Paul's garage and begins working on the old car. He gets it running and drives it out of Paul's garage and into Vince's driveway. When Paul gets home from work, Vince shows Paul the car and asks him for the title to the car. Paul tells Vince he had not made up his mind about whether or not he would give Vince the car. Vince: - Answers has no claim to the car because Paul did not make a promise. 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? - Answers No, because Daniel lacks 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? - Answers 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 replies, "OK—I promise to wash your car." This exchange is an example of: - Answers Bilateral Contract. Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly does not reply. This exchange is an example of: - Answers 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? - Answers 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? - Answers The 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

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BUL 5810 EXAM 2 QUESTIONS WITH CORRECT ANSWERS GRADED A+

Which of the following contracts is covered by Article 2 of the Uniform Commercial Code? - Answers The
sale of new furniture.

Any property other than an interest in real property, is/are: - Answers personal property

Which of the following is NOT always necessary in order for a valid contract to be formed? - Answers A
writing

In order to have a valid contract, in addition to the four basic requirements of a contract, which of the
following must also occur? - Answers There must be an absence of invalidating conduct, such as duress.

What is a requirement of an express contract? - Answers The terms are stated in words.

If both parties exchange promises, the contract is: - Answers bilateral.

When might a contract might be unenforceable? - Answers If the statute of limitations has passed.

The doctrine of promissory estoppel: - Answers is a doctrine that relies on justice and not contractual
rights

Another name for a quasi contract is: - Answers an implied in law contract

Which of the following is required in order to recover in quasi contract? - Answers Acceptance or
retention of a benefit conferred on the defendant by the plaintiff

Contracts that are implied in law: - Answers are obligations imposed by law on grounds of justice and
equity.

Ignoring issues of the Statute of Frauds, is there a contract for the sale of Vinny's Celica? - Answers Yes,
between Vinny and Oscar for $5,000 cash, since that was the first offer accepted.

Molly signs a contract with a publishing company to edit text manuscripts. This contract is governed by -
Answers state common law.

Sally offers to sell her Business Law textbook from last semester to Bob for $50.00. Bob accepts Sally's
offer and tells her he will pay her on Friday when he gets his paycheck. A contract is formed: - Answers
when Bob accepts Sally's offer

Aaron's boss offers to pay him $500 if he will pretend he is sick so that he does not have to show up for
jury duty, but will go to work instead. Aaron knows that this is against the law, but he would rather be
paid $500 from his boss than the $30 that the court will pay him for jury duty. Aaron calls in sick and is
excused from jury duty. This agreement between Aaron and his boss is: - Answers not a contract

Sid makes a material representation of fact regarding his car to Barbara while out driving one day. The
next day, Barbara calls Sid and offers to buy his car. Sid accepts Barbara's offer without correcting the

,misrepresentation of fact that he made the previous day. What is the effect of the material
representation on the agreement between Sid and Barbara? - Answers Barbara may avoid the contract.

Bill enters into a contract with Harry. The terms are that Bill will build an addition to Harry's home,
replace the roof on Harry's garage, and make repave Harry's driveway in exchange for Bill's payment to
Harry of several thousand dollars once all of the projects have been completed. If the driveway
repavement has not yet been completed, but the addition and the roof have been completed, which
term describes the type of contract in existence? - Answers Executory

Vince has lost his job and is having difficulty making ends meet. Last week, the bank repossessed Vince's
car. He is telling his neighbor Paul about his bad luck and Paul says he wishes he could help Vince. Paul
suggests that maybe Vince could have the old car sitting in Paul's garage if Vince could get it to run. He
ends the conversation by saying "Let me think about it." The next day while Paul is at work, Vince goes
into Paul's garage and begins working on the old car. He gets it running and drives it out of Paul's garage
and into Vince's driveway. When Paul gets home from work, Vince shows Paul the car and asks him for
the title to the car. Paul tells Vince he had not made up his mind about whether or not he would give
Vince the car. Vince: - Answers has no claim to the car because Paul did not make a promise.

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? -
Answers No, because Daniel lacks 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? -
Answers 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 replies, "OK—I promise to wash
your car." This exchange is an example of: - Answers Bilateral Contract.

Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly does not reply. This exchange is an
example of: - Answers 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? - Answers 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? - Answers The 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: - Answers
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: -
Answers 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: -
Answers 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
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