Gendler QUESTIONS AND ALL
CORRECT ANSWERS 2025-2026
UPDATED.
CHAPTER 13: Introduction to Contracts - Answer CHAPTER 13: Introduction to Contracts
Four Elements of a Contract: CLAC - Answer 1. Contractual Capacity
2. Legal Object
3. Agreement (offer, acceptance)
4. Consideration
Contract - Answer -A promise or set of legally enforceable promises for the breach of which
the law gives a remedy or the performance of which the law in some way recognizes a duty.
Agreement - Answer (Offer & Acceptance)
Offer by Oferror to enter into a contract and acceptance of terms by offeree.
Consideration - Answer i. The bargained-for exchange or what each party gets in exchange
for his or her promise under the contract
(The something for something)
Contractual capacity - Answer i. The legal ability to enter into a binding agreement
Legal Object - Answer subject matter of the contract. Cannot be illegal or against public
policy in order to be enforceable
Objective Theory of Contracts is the - Answer basis of contract law
Objective Theory of Contracts bases existence on - Answer Outward manifestations of intent
,________ of parties is not usually relevant under objective theory of contracts - Answer
subjective intent
t or f: subjective intent may be relevant under certain circumstances - Answer true
subjective intent may be relevant if - Answer a mutual misunderstanding b/t parties exists
and they did not come to a true meetings of minds; no contract exists
if there appears a a mutual misunderstanding - Answer look at each party separately,
interpret situation to determine whether parties really reached an agreement
in order to determine whether partied intended to enter into a contract, courts look at - Answer
their objective words and behavior and do not try to figure out what they may have secretly
intending
classification of contract determines - Answer when offeree is legally bound to perform
Bilateral Contract = - Answer A promise + a promise.
-I'll pay you $1000 for you to paint my car.
-(My promise = $1000)
-(Your promise = Paint my car)
-Mutual exchange
Under bilateral contract, contract formed - Answer as soon as promise exchanged
Unilateral Contract - Answer -a promise + a requested action
-Offerror wants something *done, not a promise* for something to be done.
-ex; find dog and ill pay reward
under unilateral contract, contract formed - Answer once offerree begins performance;
offeror must give reasonable amt of time to finish before voiding contract
Express Contract - Answer The terms of the contract are all clearly set forth in either written
, ex; dentist pulling tooth implies you will pay
3 conditions required for implied contracts (and recovery) - Answer 1- benefits conferred by
plaintiff upon defendant
2- defendant has knowledge of benefit being bestowed on them, and
3- defendant retains benefit under circs which it would be unjust to do so without payment
Void Contract - Answer -Not a contract at all; unenforceable
-Either illegal or has some serious defect.
Voidable Contract - Answer -One or both of the parties has the ability to either withdraw
from the contract or enforce it.
if choosing to terminate a voidable contract, both parties must - Answer return anything
already exchanged under the agreement; restore to conditions before contract
contracts can be voided if - Answer -entered into by a minor, fraud, or under duress
-court attempting to protect person believed to have been taken advantage of
Lack of Genuine Assent (Defense) - Answer -All contract elements are there but one party
was forced into contract through duress, fraud, misrepresentation.
-Acts as defense
Contract Lacks Proper Form (Defense) - Answer Writing must meet a certain criteria must
exist for a contract to be legally binding.
II. CHAPTER 14: Agreement - Answer II. CHAPTER 14: Agreement
Elements of Offer (4): - Answer 1. Intent to be bound by acceptance
2. Definite and certain terms
3. Communication to the offeree
4. Acceptance