business law chapter 10

one purpose of contract law is to make business matters more predictable

true

the elements of a contract are agreement, consideration, legality, and capacity

true

paid surrogacy contracts are viewed by the legislative majority in all states as immoral and illegal

false

robert offers to buy a car from jane for $400. jane must accept this offer in order to form an enforceable contract

true

strawly corporation wants to sell land which has toxic waste underground. it may shift all the responsibility for environmental cleanup to the buyer by including such a provision in the sales contract

false

contracts for the sale of fabric, automobiles, computers, furniture and paper clips would all be governed by article 2 of the uniform commercial code

true

a valid contract can legally be voided by either party

false

lucy and rick sign a contract in which lucy agrees to deliver 10 boxes of chocolates in exchange for rick's promise to pay $5 per box. lucy delivers the candy. rick pays for the goods. the contract is fully executory

false

a quasi contract is the same as an oral contract

false

mary goes into honest harry's electronics and purchases a TV. mary agrees to pay for this TV in 30 days on the store's 30 days same as cash plan. this is an executory contract

true

valerie promises teresa that she will pay teresa $75 if Teresa will clean valerie's house by noon on saturday. if teresa cleans the house by noon on saturday and valerie pays the 75, then this is an implied, bilateral, and executory contract

false

upon recommendation of a friend, hope hires joey to rewire her kitchen and he completes the work within the time agreed. then hope finds out that joey is not a licensed electrician, and she refuses to pay him for the work. a court will enforce the agreeme

false

when promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present

true

under a contract, danielle is required to make a set of draperies out of fabric chosen by the homeowners, the Flynns. After Danielle makes the draperies according to the contract requirements, her duties under the contract are discharged.

True

Alex promises to pay $100 to anyone who finds his lost watch. Kate finds and returns the watch to alex after hearing of the reward money. Alex and Kate have an enforceable unilateral contract

True

Jeffery offers to shovel the snow from Ben's driveway for $35. Ben replies "ok". This is an example of:

an express, bilateral contract

the common law governs contracts for:

all of the above

when myrtle comes home from work one evening, she finds that her yard has been mowed and trimmed. later,a man comes to collect for the yard work done. myrtle refuses to ay for the work since she has never seen the man before and did not hire him to do the

myrtle would not have to pay for the yard work

as english judges were developing the common law of contracts in the twelfth and thirtieth centuries:

promises were found not binding unless written and sealed

miles purchased a lawnmower with an attached warning that said, "the manufacturer is not responsible in the case of an injury caused by the lawnmower. If miles is injured because of a defect in the mower and sues the manufacturer, he will most likely:

win, as this warning would be unenforceable

Mike made the following offer to Mick, "I will pay you $500 if you agree to paint my house". Mick replied that he would. At this point, the contract is an

executory, bilateral, and express contract

what is NOT required to establish promissory estoppel?

a promise made by the plaintiff in response to the defendant's promise

one of the factors leading courts away from a lassiez faire approach to contract law was:

a change in relative bargaining power between parties to contracts

shelly offers to sell Jane goods both parties know are stolen. Jane accepts the offer, and agrees to pay for the goods. Later, Jane refuses to accept or pay for the goods. If Shelly later dues Jane for breach of contract, what is the probable result?

The law would not enforce Jane's promise, as it does not have lawful purpose

larry goes to his barber who has cut his hair for the past several years. the barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area. this is an example of a

unilateral, implied contract

robert, a minor, buys a stereo from Jane for $200. State law allows a minor to disaffirm contracts within a reasonable time after turning 18. Robert disaffirms the contract the day after turning 18 and return the stereo

this contract was a voidable contract, robert can disaffirm

patty is a poor college student struggling to work and keep up with her studies. fred, her uncle, promises to pay patty support of $200 per month for the next six months. though fred didn't ask her to, she quits her current job in order to devote full tim

patty may win under the doctrine of promissory estoppel

noncompetition agreements are

more common today than they were in the past, although policy issues they raised in the 1700s have never gone away

the basic distinction between bilateral contract and a unilateral contract is that

only one promise is involved in a unilateral contract

the courts will find an implied contract when

conduct of the parties indicates they intended an agreement

courts may award damages called "quantum merit

all of the above

on january 16, deb offers to sell her waterbed to colleen for $600. Colleen accepts and agrees to pay deb $600 on january 27th. which of the following is correct

on january 16, the contract was executory

an express contract

has both parties setting forth their intentions

which of the following results in a unilateral offer

i will pay you $50 if you mow my lawn

walter enters a dentist office and points to a damaged tooth. the dentist, matt, treats the tooth. if walter refused to pay matt and matt sued

matt would win, this is an implied contract

jennifer has offered to sell her computer for 1750 to jack. she tells jack that the computer is only six months old but, in fact, the computer is three years old, and jennifer wants to unload the lemon. jack agrees to buy the computer based on jennifers r

a voidable contract,one that jack can void

which of the following types of property would be goods under the uniform commercial code?

a computer

john enters into a contract to paint chad's house. when chad decides on a color, john will buy the paint and paint the house for a price of $2500. this contract is governed by

the common law of contracts governs because the predominant factor of the contract is for the sale of services and not goods

Zena enters into a contract with steely company to purchase a washer and dryer. she doesn't understand the financing terms, but signs the agreement anyway because she needs the appliances. the financing terms are very unfavorable to zena, and she is unabl

be exercising judicial restraint if it requires zen to pay as she promised, even if the agreement was unfair and unwise

contracts that do not arise from mutual agreement but are created by courts to avoid unjust enrichment are

quasi contracts