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CBAD 344 - Unit 2 questions with verified solutions passed

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December 15, 2024
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CBAD 344 - Unit 2 questions with
verified solutions passed
In what situations would a court be likely to award a quasi-contract? Choose 2 answer choices. - correct
answer ✔✔1. When the unjust enrichment is a relatively insignificant amount of money

2. If the defendant was unjustly enriched and played a part in deceiving the plaintiff



What must a plaintiff show to be awarded a quasi-contract in a lawsuit? - correct answer ✔✔The
defendant was unjustly enriched.



In a unilateral contract: - correct answer ✔✔substantially undertaking performance prevents the offeror
from revoking the offer.



Which of the following creates a bilateral contract? - correct answer ✔✔a sale of goods with payment at
delivery



Don and Kim have entered into a contract for the purchase of a car. Don has paid money for the car, but
Kim has not yet delivered it. This is an: - correct answer ✔✔executory contract.



Carol and Al enter into a contract for the sale of a painting. Carol pays Al the asking price and Al delivers
to Carol the painting. This contract is an: - correct answer ✔✔executed contract.



What is the term for a contract agreement in which an offeror promises to pay after the occurrence of a
specified act, and the offeree is not required to respond in words? - correct answer ✔✔unilateral
contract



What type of contract exists when at least one party has the option of canceling it? - correct answer
✔✔voidable



What factors make an agreement enforceable under the principle of quasi-contract? Choose 2 answers. -
correct answer ✔✔-One party is being enriched at the expense of the other.

-The enriched party knows about the benefit and keeps it.

,Sal has ordered 100 pounds of shrimp for his restaurant from Sam every Friday for 5 years and has
always paid that week's market price. One Friday, Sal decides to take a vacation but doesn't tell Sam.
Sam claims they have a contract, even though it was never written down. What kind of contract do they
have? - correct answer ✔✔implied-in-fact



Quon and Bert have signed a contract for Bert to mow Quon's grass every week in June, July, and August
for a price of $40 per week. They have agreed to all the necessary terms, but Bert has not yet mowed
because it is still May. What type of contract do they have? - correct answer ✔✔executory



When party A and B form a contract and both parties fully perform, the contract is considered: - correct
answer ✔✔executed



Contests, lotteries, and competitions with prizes are common examples of: - correct answer
✔✔unilateral contracts



When ambiguity in a contract's language exists, a court will: (Select all that apply) - correct answer
✔✔interpret the terms against the drafting party



If an individual shopping for groceries opens a bottle of water from their cart and drinks it before they
have paid for their items: - correct answer ✔✔a quasi-contract has been created.



When an agreement fails to qualify as an enforceable contract, but one of the parties breaches the
agreement, the non-breaching party: - correct answer ✔✔may sue for unjust enrichment.



Zayn boards the Big Rock Metro to ride downtown to his job. Zayn gives his money to the driver and
takes his seat. Neither the driver nor Zayn says anything. Zayn and the bus driver: - correct answer
✔✔have an implied contract.



Mia contracted with Greencare Lawn Service for a pest treatment on Mia's lawn for $1,000. Pat lives
next door to Mia. Greencare mistakenly treats Pat's lawn instead of Mia's. Pat watched them perform
the treatment while looking through the window of his living room, but did not go outside and stop
them. When Greencare seeks payment from Pat, Greencare can probably receive: - correct answer
✔✔from Pat an amount less than the contract amount that will reimburse Greencare for expenses
incurred, in order to avoid unjust enrichment.

, Jones Construction Company is building a series of new subdivisions in Newtown over the next two
years. Jones enters into a verbal agreement with Harley Concrete Inc. to construct all the driveways and
sidewalks in the subdivisions that Jones will be building. Jones and Harley agree on a price of $130 per
cubic yard and that Jones will pay Harley at the end of each project. Harley completes the first project,
which is four sidewalks and sixteen driveways, and bills Jones for the project. Jones decides that the
price is too high and refuses to pay, claiming that they have no obligation to pay because the parties did
not have a valid contract. If Harley sues Jones for payment the court would probably: - correct answer
✔✔apply quasi contract theory and award the fair market value of the work that Harley completed.



Maryanne offers to sell her 2015 Mustang convertible to April for $15,000, and April agrees to those
terms. April brings the $15,000 to Maryanne, and Maryanne promises to deliver the Mustang to April
the next day after she has it detailed. At this point, Maryanne and April have: - correct answer ✔✔an
executory contract.



Brindley has an old shed on her property that needs to be removed. She posts the following ad on
Facebook: "Shed needs to be gone. You take down and haul away. (Much of the wood is reusable.) $100
to the first person to show up and haul this away." This is an example of a(n): - correct answer
✔✔unilateral contract.



L.D.T. International Sales Corp. (L.D.T.), an American firm, contracted to sell 100,000 pounds of "US Fresh
Frozen Chicken, Grade A, Government Inspected" to Freight Importing Co. (Freight), a Swiss company.
When L.D.T. asked Freight what kind of chickens were wanted, Freight said "any kind of chickens." L.D.T.
also asked whether the term "chicken" included the German word "Huhn", which includes both older
stewing and younger broiling and frying chickens. In response, Freight answered yes.

When the shipment of chicken arrived, Freight complained that the chicken delivered were substantially
older stewing chicken or "fowl." According to Freight, the term "chicken" in the contract meant younger
and more expensive chickens suitable for broiling or frying. L.D.T. replied that "chicken" meant any bird
of that species and both older and younger chickens met the contract's specifications. When L.D.T. did
not agree to delive - correct answer ✔✔This case primarily involves an express contract . When a
contract's writing is clear and unequivocal, the court will enforce the contract according to its obvious
terms. Interpreting a contract's terms from the written document alone is sometimes referred to as the
plain meaning rule . If a contract term is ambiguous, a court may consider extrinsic evidence to interpret
the contract.

Assessment question

In this case, the meaning of the word "chicken" is ambiguous . Therefore, a court can use extrinsic
evidence to interpret the contract between Freight and L.D.T. The extrinsic evidence shows that the term
"chicken" was given a broader interpretation by the parties. Therefore, the extrinsic evidence of the
contract favors the interpretation of L.D.T. .

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