Chapter 10, Exam II

1. Expert Pavers, Inc., contracts with Fabricated Build- ing Corporation to repave Fabricated's parking lot for which Fabricated agrees to pay. The elements of this, and any other, contract do not include 2. Cathy assures Don that she will deliver his products as he directs. An assurance that one will do some- thing in the future is part of the definition of 3. Bob claims that Carol breached their contract. Carol responds that she never intended to enter into a con- tract with Bob. The intent to enter into a contract is determined with reference to 4. Dalton contracts to tutor Ellen in the principles of Practicality a promise the objective theo- ry of contacts some forms of re- business law. For the breach of a contractual promise, lief contract law entitles innocent parties to 5. Laura and Mike enter into what Laura later claims is a contract. In deciding whether a valid contract was formed, a court will not look at 6. Stu makes an offer to Tina enter into a contract. Tina accepts the offer. A valid contract requires 7. Mona asserts that a deal she entered into with Nate is an unenforceable contract. Defenses to the enforce- ment of a contract include 8. Paco offers to pay Quik Delivery (QD) $50 if it picks up and delivers to him a package from Rich within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have 9. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says the he the parties' sub- jective beliefs at the time of the al- leged contract a valid offer and a valid acceptance the lack of a par- ty's genuine as- sent a unilateral con- tract a unilateral con- tract as soon as Outdoor began to perform has changed his mind. Under the modern-day view, these parties had 10. Allen applies for a police officer's job with Bay City, which responds with a letter setting an appointment for a psychological exam. The letter does not state that it is "a conditional employment offer." Based on the court's reasoning in Case 10.1, Ardito v. City of Providence, this letter is 11. Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise in exchange for Gail's 12. Jack promises to buy Kris's computer for $400. Jack is 13. Clay offers to pay Dot $50 for a golf lesson for Eula. They agree to meet the day after tomorrow to ex- change the cash for the lesson. These parties have 14. Jill promises to buy Kent's handheld game-player for $75. Kent is 15. Lara applies for a firefighter's job with Metro City, which responds with a letter setting an appointment for a medical exam. The letter also states that it is "a conditional employment offer." Based on the courts reasoning in Case 10.1, Ardito v. City of Providence, this letter is 16. Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form that includes, near the blanks for their signatures, the word "seal." This is 17. Tom enters a coffee shop in which he has an open account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier's nod, and walks no contract promise only a promisor a bilateral contract a promisee a unilateral con- tact that Lara can accept by passing the exam a formal contract an implied-in-fact contract out with the coffee, knowing that he will be billed for it at the end of the month, Tom has formed 18. Flo tells Gregor that she will buy his textbook from last an express con- semester for $65. Gregor agrees. Flo and Gregor have tract 19. Bay Construction, Inc., a contractor, asks Cool Elec- tric, a subcontractor, to provide certain services. Noth- ing is expressed about payment. Cool provides the services, but Bay refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had 20. Great Marketing Company and Hot Tunes, Inc., sign a document that states Great agrees to create a market- ing campaign for Hot and Hot agrees to pay Great for the service. Great and Hot have 21. Macro Corporation and Micro, Inc., enter into an agree- ment. To constitute a contract 22. When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Loyal Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is 23. Lou claims that he and Mira entered into an im- plied-in-fact contract. To establish this contract, it is not necessary to show that an implied-in-fact contract an express con- tract the terms may be express, implied, or a mix of both an implied-in-fact contract a court imposed a promise in the in- terest of fairness 24. Sam and Tiffany enter into an implied-in-fact contract. defines the con- This is a contract in which the parties' conduct 25. Cole drives into Dino's Service Station and ask Erin, the attendant, to fill the tank in Cole's sport utility vehicle. After Erin fills the tank, but before Cole pays for the gas, any contrast between Cole and Dino's is tract's terms executory 26. Delia promises to buy a house from Edwin, who promises to vacate the property on July 1. If these promises are in writing, they are most likely. 27. Beth claims that her contract with Cari is voidable. If the contract is avoided 28. Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay. Avatar delivers. The contract is 29. Employment Sources, Inc., enters into a contract with Fred. If Fred is a minor, this contract is most likely 30. Mia, a physician, renders aid to Noel, who is injured and unconscious. Mia can recover the cost of the aid from Noel 31. Curt promises to buy ILLEGAL copies of CDs and DVDs from Donna, who promises to deliver on May 1. These promises are most likely 32. Pete, a judge, can apply the doctrine of quasi contract to a dispute between Quality Service Company and Regulated Office Systems 33. Dot, a real estate agent, tells Ed, a home seller, that her commission is 12 percent. Ed agrees that Dot can sell his house but refuses to sign a contract unless the amount of the commission is reduced. After the house is sold, Ed refuses to pay 12 percent. Dot is most likely to recover enforceable both parties are re- leased from it executory voidable even if Noel was not aware of the aid (implied-in-law: Quasi contract) void only if there is not a valid contact covering the area in question on a theory of a quasi contract 34. Ada mistakenly pays property taxes that should have even if Bud was been assessed against Bud. Ada can recover the amount from Bud in quantum meriut not aware of the error 35. Cory enters into a contract with Diane to act as her personal sports trainer. If they later dispute the mean- ing, and the contract contains unclear terms, the rules of the contract interpretation will give effect to 36. National Grocers, Inc., enters into a contract with Overland Shipping Company for the delivery of a ship- ment of fresh produce. If ambiguities appear in the contract, they will be constructed against the parties' intent as expressed in their contract