S12 FDNY EXAM AND PRACTICE EXAM NEWEST 2024
ACTUAL EXAM COMPLETE 400 QUESTIONS AND
CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |
ALREADY GRADED A+
In addition to the four basic requirements of a contract, which of the following must
also occur in
order to have a valid contract?
a. The agreement must always be in writing.
b. There must be evidence of undue influence.
c. There must be an absence of invalidating conduct, such as duress.
d. A legal remedy must be available for there to be a breach. - ANSWER: C
George has been declared incompetent by the court and is under the care of his
sister. Unknown to his
sister, George rents the 30,000-seat civic center for his birthday party. George's
contract to rent the
civic center is best described as:
a. a void contract.
b. a quasi contract.
c. a voidable contract.
d. an enforceable contract. - ANSWER: A
A contract in which both parties exchange promises is a:
a. voidable contract.
b. bilateral contract.
c. unilateral contract.
d. quasi contract. - ANSWER: B
Caroline signs a contract to work as a sales rep for Incellmed Corporation for a
period of two years.
This contract is governed by:
a. Article 2 of the UCC.
b. state common law.
c. federal statute.
d. the law of quasi contract. - ANSWER: B
The requirement that each party to a contract must intentionally exchange
something of value as an
inducement to the other party to make a return exchange is known as:
a. mutual assent.
b. consideration.
c. legality of object.
d. contractual capacity. - ANSWER: B
,James offers to sell his fishing boat to Brenda for $3,000. Brenda says she will apply
for a loan and
will buy the boat within a week. A contract is formed:
a. when Brenda tells James she will buy the boat.
b. when Brenda gets the money from the credit union.
c. when Brenda applies for the loan at the credit union.
d. only when James gets the $3,000. - ANSWER: A
The court in the Weichert Co. Realtors v. Ryan case held that the performing party
was entitled to recoup the reasonable value of the services rendered under:
a. an express contract.
b. quantum meruit.
c. promissory estoppel.
d. Article 2 of the UCC. - ANSWER: B
Promissory estoppel is a contractual doctrine that includes which of the following
considerations?
a. The courts use the doctrine of promissory estoppel to enforce noncontractual
promises.
b. Under this doctrine, the promisor reasonably expects that the promisee, in
reliance on the promise, will be induced by the promise to take action or refrain
from taking action and the promisee does so.
c. The courts will not, under any circumstance, enforce promises that do not include
all four
of the elements of contract.
d. Both (a) and (b). - ANSWER: D
The concept of consideration in contract law includes:
a. that each party to a contract must unintentionally exchange a legal benefit.
b. an inducement to each party to make a return exchange.
c. that each party takes out an insurance bond if the possibility of damages is above
$500.
d. All of the above. - ANSWER: B
Steven makes a material misrepresentation of fact regarding his motorcycle to
Thelma who agrees to
buy the motorcycle based upon the misrepresentation. This contract is:
a. void.
b. voidable.
c. executed.
d. unenforceable. - ANSWER: B
Brian makes a material misrepresentation of fact regarding his horse to Rosalind
while out riding one day. Later that day, Rosalind makes an offer to buy the horse
which Brian accepts, without correcting his earlier misrepresentation of fact.
a. Brian may avoid the contract.
b. Rosalind may avoid the contract.
,c. Either or both Brian or Rosalind may avoid the contract.
d. Neither Brian nor Rosalind may avoid the contract. - ANSWER: B
Samuel Tate enters into a contract with Bill Smith under the terms of which Smith is
to pay Tate
$7,000 and Tate is to build a garage, repair a boat, and build a doghouse. If the
doghouse has not yet
been built, which term describes the type of contract in existence?
a. Quasi contract.
b. Executed contract.
c. Illusory contract.
d. Executory contract. - ANSWER: D
A __________ is an obligation imposed by law to avoid injustice.
a. contract implied in law
b. bilateral contract.
c. quasi contract.
d. Both (a) and (c) are correct. - ANSWER: D
According to the UCC, an enforceable agreement involving the transfer of title of
goods from a seller to a buyer for a price is called a(n)
a. commercial contract.
b. express contract.
c. formal contract.
d. sale. - ANSWER: D
Which of the following contracts is covered by Article 2 of the Uniform Commercial
Code?
a. The sale of a house.
b. The sale of a new car.
c. An employment agreement.
d. A sale of automobile insurance. - ANSWER: B
Contract law is significant in that it is basic to other fields of law such as:
a. sales of personal property.
b. commercial paper.
c. secured transactions.
d. All of the above. - ANSWER: D
Contracts that are implied in law:
a. are obligations imposed by law on grounds of justice and equity.
b. are intended to prevent unjust enrichment.
c. do not rest upon the assent of the contracting parties.
d. All of the above. - ANSWER: D
A person who makes a promise is a(n):
a. promisor.
, b. promisee.
c. offeror.
d. executor. - ANSWER: A
A(n) __________ contract is one in which the terms have been definitely and
specifically stated and
agreed upon.
a. express
b. implied
c. written
d. formal - ANSWER: A
Which of the following is NOT always necessary in order for a valid contract to be
formed?
a. Mutual assent.
b. Legality of purpose.
c. A writing.
d. Competent parties. - ANSWER: C
Vi offers to pay Allison $150 if Allison will paint her apartment while she is out of
town on vacation
for two weeks. Allison makes no promise but tells Vi that she will think about it.
While Vi is out of
town, Allison paints the apartment. This is best described as:
a. a unilateral contract.
b. a quasi contract.
c. an implied in fact contract.
d. a bilateral contract. - ANSWER: A
Quasi contracts are used to provide a remedy when the parties enter into a(n):
a. void contract.
b. implied in fact contract.
c. situation in which promissory estoppel applies.
d. All of the above. - ANSWER: A
Stan sends for a law school catalog from Ivory Towers University. According to the
catalog, the law school applications are evaluated on the basis of undergraduate
grades, standardized test scores, and references. Stan, who is a straight-A student,
has high test scores and excellent references, 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 and donations made to
the University. If Stan 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:
a. there is not a contract.
b. there is a quasi contract.
ACTUAL EXAM COMPLETE 400 QUESTIONS AND
CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |
ALREADY GRADED A+
In addition to the four basic requirements of a contract, which of the following must
also occur in
order to have a valid contract?
a. The agreement must always be in writing.
b. There must be evidence of undue influence.
c. There must be an absence of invalidating conduct, such as duress.
d. A legal remedy must be available for there to be a breach. - ANSWER: C
George has been declared incompetent by the court and is under the care of his
sister. Unknown to his
sister, George rents the 30,000-seat civic center for his birthday party. George's
contract to rent the
civic center is best described as:
a. a void contract.
b. a quasi contract.
c. a voidable contract.
d. an enforceable contract. - ANSWER: A
A contract in which both parties exchange promises is a:
a. voidable contract.
b. bilateral contract.
c. unilateral contract.
d. quasi contract. - ANSWER: B
Caroline signs a contract to work as a sales rep for Incellmed Corporation for a
period of two years.
This contract is governed by:
a. Article 2 of the UCC.
b. state common law.
c. federal statute.
d. the law of quasi contract. - ANSWER: B
The requirement that each party to a contract must intentionally exchange
something of value as an
inducement to the other party to make a return exchange is known as:
a. mutual assent.
b. consideration.
c. legality of object.
d. contractual capacity. - ANSWER: B
,James offers to sell his fishing boat to Brenda for $3,000. Brenda says she will apply
for a loan and
will buy the boat within a week. A contract is formed:
a. when Brenda tells James she will buy the boat.
b. when Brenda gets the money from the credit union.
c. when Brenda applies for the loan at the credit union.
d. only when James gets the $3,000. - ANSWER: A
The court in the Weichert Co. Realtors v. Ryan case held that the performing party
was entitled to recoup the reasonable value of the services rendered under:
a. an express contract.
b. quantum meruit.
c. promissory estoppel.
d. Article 2 of the UCC. - ANSWER: B
Promissory estoppel is a contractual doctrine that includes which of the following
considerations?
a. The courts use the doctrine of promissory estoppel to enforce noncontractual
promises.
b. Under this doctrine, the promisor reasonably expects that the promisee, in
reliance on the promise, will be induced by the promise to take action or refrain
from taking action and the promisee does so.
c. The courts will not, under any circumstance, enforce promises that do not include
all four
of the elements of contract.
d. Both (a) and (b). - ANSWER: D
The concept of consideration in contract law includes:
a. that each party to a contract must unintentionally exchange a legal benefit.
b. an inducement to each party to make a return exchange.
c. that each party takes out an insurance bond if the possibility of damages is above
$500.
d. All of the above. - ANSWER: B
Steven makes a material misrepresentation of fact regarding his motorcycle to
Thelma who agrees to
buy the motorcycle based upon the misrepresentation. This contract is:
a. void.
b. voidable.
c. executed.
d. unenforceable. - ANSWER: B
Brian makes a material misrepresentation of fact regarding his horse to Rosalind
while out riding one day. Later that day, Rosalind makes an offer to buy the horse
which Brian accepts, without correcting his earlier misrepresentation of fact.
a. Brian may avoid the contract.
b. Rosalind may avoid the contract.
,c. Either or both Brian or Rosalind may avoid the contract.
d. Neither Brian nor Rosalind may avoid the contract. - ANSWER: B
Samuel Tate enters into a contract with Bill Smith under the terms of which Smith is
to pay Tate
$7,000 and Tate is to build a garage, repair a boat, and build a doghouse. If the
doghouse has not yet
been built, which term describes the type of contract in existence?
a. Quasi contract.
b. Executed contract.
c. Illusory contract.
d. Executory contract. - ANSWER: D
A __________ is an obligation imposed by law to avoid injustice.
a. contract implied in law
b. bilateral contract.
c. quasi contract.
d. Both (a) and (c) are correct. - ANSWER: D
According to the UCC, an enforceable agreement involving the transfer of title of
goods from a seller to a buyer for a price is called a(n)
a. commercial contract.
b. express contract.
c. formal contract.
d. sale. - ANSWER: D
Which of the following contracts is covered by Article 2 of the Uniform Commercial
Code?
a. The sale of a house.
b. The sale of a new car.
c. An employment agreement.
d. A sale of automobile insurance. - ANSWER: B
Contract law is significant in that it is basic to other fields of law such as:
a. sales of personal property.
b. commercial paper.
c. secured transactions.
d. All of the above. - ANSWER: D
Contracts that are implied in law:
a. are obligations imposed by law on grounds of justice and equity.
b. are intended to prevent unjust enrichment.
c. do not rest upon the assent of the contracting parties.
d. All of the above. - ANSWER: D
A person who makes a promise is a(n):
a. promisor.
, b. promisee.
c. offeror.
d. executor. - ANSWER: A
A(n) __________ contract is one in which the terms have been definitely and
specifically stated and
agreed upon.
a. express
b. implied
c. written
d. formal - ANSWER: A
Which of the following is NOT always necessary in order for a valid contract to be
formed?
a. Mutual assent.
b. Legality of purpose.
c. A writing.
d. Competent parties. - ANSWER: C
Vi offers to pay Allison $150 if Allison will paint her apartment while she is out of
town on vacation
for two weeks. Allison makes no promise but tells Vi that she will think about it.
While Vi is out of
town, Allison paints the apartment. This is best described as:
a. a unilateral contract.
b. a quasi contract.
c. an implied in fact contract.
d. a bilateral contract. - ANSWER: A
Quasi contracts are used to provide a remedy when the parties enter into a(n):
a. void contract.
b. implied in fact contract.
c. situation in which promissory estoppel applies.
d. All of the above. - ANSWER: A
Stan sends for a law school catalog from Ivory Towers University. According to the
catalog, the law school applications are evaluated on the basis of undergraduate
grades, standardized test scores, and references. Stan, who is a straight-A student,
has high test scores and excellent references, 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 and donations made to
the University. If Stan 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:
a. there is not a contract.
b. there is a quasi contract.
