LAW 402A MIDTERM - UNIVERSITY OF ARIZONA 100 QUESTIONS WITH PASSED
ANSWERS.
Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a
price of $50 a barrel, payment, and delivery in 90 days. On the payment/delivery date, oil is selling at
$44 a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party,
recover? - (ANSWER)$6,000
Expectation damage rule limits Seller's claim to the difference between contract price - $50- and the
market value of the goods at the contract date - $44- or $6 a barrel.
What rule of contract law did the court apply to the facts in Hamer v. Sidway? - (ANSWER)In general a
waiver of any legal right at the request of another is sufficient consideration for a promise.
Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in
Hamer v. Sidway? - (ANSWER)An executor is appointed by a testator to carry out the terms of his or her
will.
What important facts helped the court decide against the defendant doctor and award damages to the
plaintiff the boy in Hawkins v. McGee? - (ANSWER)The defendant doctor said before the operation was
decided upon, " I will guarantee to make the hand a hundred per cent perfect hand or a hundred per
cent good hand."
The following text is taken from the opening paragraph of Hawkins v. McGee, the "case of the day"
reading assignment:
"Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Trial by
jury. Verdict for the plaintiff.
Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? -
(ANSWER)A common laq form of legal action available to a plaintiff who claims that a contract has been
breached.
According to legal experts in contract law, if I say to you: "If you go ove to the bookstore there, you may
purchase a sweatshirt on my credit": - (ANSWER)It is often difficult to determine whether words of
condition in a promise indicate a request for consideration or state a mere condition in a gratuitous
promise.
According to legal experts in contract law if I promise to give my daughter, Marley, a valuable painting in
exchange for her promise to give me $1 and she says nothing: - (ANSWER)The agreement will not be
enforced absent some rationale to enforce the promise without consideration.
, LAW 402A MIDTERM - UNIVERSITY OF ARIZONA 100 QUESTIONS WITH PASSED
ANSWERS.
Rollem, an automobile retailer, had an adult daughter, Betsy, who needed a car in her employment but
had only $3,000 with which to buy one. Rollem wrote to her, "Give me you $3,000 and I'll give you the
car on our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the
$3,000. Both Rollem and Betsy knew, the demonstrator was reasonably worth $10,000. After Betsy had
paid the $3,000, but before the car had been delivered to her, one of the Rollem's sale staff sold and
delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware
of the transaction between Rollem and Betsy. Does Betsy, after rejecting a tendered return of the
$3,000 by Rollem, have an action against him for breach of contract? - (ANSWER)Yes, because Rollem's
promise was supported by bargained-for consideration.
Every year for Christmas, a father gave his adult son a check for $5,000.
the son, assuming his father would give him a check again for Christmas this year, purchased a $3,000
computer on credit two weeks before Christmas. The father, believing his son was too dependent on his
money, did not give the son any money for Christmas. The son claims he can get $5,000 from his father
in an action for promissory estoppel. Is the son correct? - (ANSWER)No, because the father never made
any promise to give the son $5,000. (was a pattern but not a promise)
A young man liked to hang around a local granite shop after school to watch the stone masons cut and
polish granite. The man dreamed of opening his own granite kitchen remodeling business one day. He
helped out by doing various odd jobs around the shop. One day, the shop owner asked him if he'd like a
candy bar. The young man refused, saying, "The candy bar causes me to break out. I can't get a date
because of my skin problems as it is." The shop owner had terrible skin as a teenager and felt sorry for
the young man. He said "I'll pay for the skin doctor. Go get your face looked at by a dermatologist, and
I'll pay the doctor's bill and bill for any medicine you need." The next day, the young man went to the
board certified dermatologist, who examined the man, gave him an injection and prescribed a series of
antibiotics. The doctor's bill and medicine cost $1,450. The young man brought the receipts to the shop
owner. - (ANSWER)Promissory estoppel
A baseball player and his agent negotiated a lucrative contract for the upcoming season. As a result, the
team owner orally promised the player a $100,000 bonus payable after the last game of the regular
season if the player showed his "Good faith" in playing his best all season. At the end of the season, the
owner informed the player's agent that because attendance was down and profits were not as large as
he expected, the promised bonus would not be paid. The player filed a suit against the owner for breach
of contract. How is the court in a jurisdiction following the rule and reasoning of Woods v. Lucy Lady
Duff Gordon most likely to rule regard the legal effect of the promise? his best -
(ANSWER)Unenforceable, because the promise was an illusory promise not supported by legally
sufficient consideration.
ANSWERS.
Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a
price of $50 a barrel, payment, and delivery in 90 days. On the payment/delivery date, oil is selling at
$44 a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party,
recover? - (ANSWER)$6,000
Expectation damage rule limits Seller's claim to the difference between contract price - $50- and the
market value of the goods at the contract date - $44- or $6 a barrel.
What rule of contract law did the court apply to the facts in Hamer v. Sidway? - (ANSWER)In general a
waiver of any legal right at the request of another is sufficient consideration for a promise.
Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in
Hamer v. Sidway? - (ANSWER)An executor is appointed by a testator to carry out the terms of his or her
will.
What important facts helped the court decide against the defendant doctor and award damages to the
plaintiff the boy in Hawkins v. McGee? - (ANSWER)The defendant doctor said before the operation was
decided upon, " I will guarantee to make the hand a hundred per cent perfect hand or a hundred per
cent good hand."
The following text is taken from the opening paragraph of Hawkins v. McGee, the "case of the day"
reading assignment:
"Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Trial by
jury. Verdict for the plaintiff.
Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? -
(ANSWER)A common laq form of legal action available to a plaintiff who claims that a contract has been
breached.
According to legal experts in contract law, if I say to you: "If you go ove to the bookstore there, you may
purchase a sweatshirt on my credit": - (ANSWER)It is often difficult to determine whether words of
condition in a promise indicate a request for consideration or state a mere condition in a gratuitous
promise.
According to legal experts in contract law if I promise to give my daughter, Marley, a valuable painting in
exchange for her promise to give me $1 and she says nothing: - (ANSWER)The agreement will not be
enforced absent some rationale to enforce the promise without consideration.
, LAW 402A MIDTERM - UNIVERSITY OF ARIZONA 100 QUESTIONS WITH PASSED
ANSWERS.
Rollem, an automobile retailer, had an adult daughter, Betsy, who needed a car in her employment but
had only $3,000 with which to buy one. Rollem wrote to her, "Give me you $3,000 and I'll give you the
car on our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the
$3,000. Both Rollem and Betsy knew, the demonstrator was reasonably worth $10,000. After Betsy had
paid the $3,000, but before the car had been delivered to her, one of the Rollem's sale staff sold and
delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware
of the transaction between Rollem and Betsy. Does Betsy, after rejecting a tendered return of the
$3,000 by Rollem, have an action against him for breach of contract? - (ANSWER)Yes, because Rollem's
promise was supported by bargained-for consideration.
Every year for Christmas, a father gave his adult son a check for $5,000.
the son, assuming his father would give him a check again for Christmas this year, purchased a $3,000
computer on credit two weeks before Christmas. The father, believing his son was too dependent on his
money, did not give the son any money for Christmas. The son claims he can get $5,000 from his father
in an action for promissory estoppel. Is the son correct? - (ANSWER)No, because the father never made
any promise to give the son $5,000. (was a pattern but not a promise)
A young man liked to hang around a local granite shop after school to watch the stone masons cut and
polish granite. The man dreamed of opening his own granite kitchen remodeling business one day. He
helped out by doing various odd jobs around the shop. One day, the shop owner asked him if he'd like a
candy bar. The young man refused, saying, "The candy bar causes me to break out. I can't get a date
because of my skin problems as it is." The shop owner had terrible skin as a teenager and felt sorry for
the young man. He said "I'll pay for the skin doctor. Go get your face looked at by a dermatologist, and
I'll pay the doctor's bill and bill for any medicine you need." The next day, the young man went to the
board certified dermatologist, who examined the man, gave him an injection and prescribed a series of
antibiotics. The doctor's bill and medicine cost $1,450. The young man brought the receipts to the shop
owner. - (ANSWER)Promissory estoppel
A baseball player and his agent negotiated a lucrative contract for the upcoming season. As a result, the
team owner orally promised the player a $100,000 bonus payable after the last game of the regular
season if the player showed his "Good faith" in playing his best all season. At the end of the season, the
owner informed the player's agent that because attendance was down and profits were not as large as
he expected, the promised bonus would not be paid. The player filed a suit against the owner for breach
of contract. How is the court in a jurisdiction following the rule and reasoning of Woods v. Lucy Lady
Duff Gordon most likely to rule regard the legal effect of the promise? his best -
(ANSWER)Unenforceable, because the promise was an illusory promise not supported by legally
sufficient consideration.
