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| 1 | |
Determining whether or not the parties entered an agreement freely _____. |
| | A) | depends on the motives of each party |
| | B) | deals only with an agreement |
| | C) | will not enforce an outcome |
| | D) | is the underlying objective of contract law |
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| 2 | |
The law presumes that anyone entering a contract has _____. |
| | A) | nothing better to do |
| | B) | legally surrendered negotiation |
| | C) | the legal capacity to do so |
| | D) | something to gain or receive |
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| 3 | |
Maria offers to pay Alsad $100 if he makes and A in his business law class. While the business law class is in progress, Maria's promise is _____. |
| | A) | unilateral and executed |
| | B) | unilateral and executory |
| | C) | bilateral and executed |
| | D) | bilateral and executory |
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| 4 | |
Betty is awarded $10,000 damages against Ethyl in a damage suit arising from an auto accident. Betty and Ethyl agree to the payment of this judgment at $100 per month. This payment agreement is confirmed by the court and recorded. Betty and Ethyl now have a _____. |
| | A) | contract under seal |
| | B) | formal contract |
| | C) | contract of record |
| | D) | contract to contract |
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| 5 | |
Phillip needs money and decides to paint Donna's house while she is out of town and bill her for the work. Donna refuses to pay Phillip and Phillip sues. A court _____. |
| | A) | will not apply quasi contract doctrine |
| | B) | will apply quasi contract doctrine |
| | C) | might apply quasi contract doctrine if the painting were done very well |
| | D) | cannot apply quasi contract doctrine since Phillip and Donna did not have a written contract. |
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| 6 | |
Avia silently takes one candy bar each day from Jerry's candy store and pays for them at the end of the week. On this particular day, Avia silently takes two candy bars from Jerry's candy store. At the end of the week Avia only wants to pay for one candy bar since she believed that she should get one free for being a good customer. A court will _____. |
| | A) | apply Avia's belief in resolving this dispute |
| | B) | be unable to resolve the dispute unless the parties agree |
| | C) | create a contract since no words were spoken |
| | D) | view Avia's actions as a reasonable person would have |
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| 7 | |
Sarah purchases a car when she is a 15-year-old from OK Motors Inc. Sarah's contract is _____. |
| | A) | valid |
| | B) | void |
| | C) | voidable |
| | D) | unenforceable |
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| 8 | |
Karaya contracts with Lance to have him mow her yard every two weeks while she spends the summer in India. Lance only mows every four weeks and Karaya's yard looks very ugly. Karalya's neighbor, Zaya, sues Lance for his failure to maintain Karaya's yard properly. A court will _____. |
| | A) | allow Zaya to sue since she sees the ugly yard next door |
| | B) | dismiss Zaya's suit since privity is lacking |
| | C) | allow Zaya to sue as an intended beneficiary |
| | D) | allow Zaya to sue as an incidental beneficiary |
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| 9 | |
This theory of contract law focuses on the outward actions and the words of the parties: |
| | A) | will |
| | B) | equal value |
| | C) | good faith |
| | D) | formalistic |
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| 10 | |
Jared, age 18, agrees not to smoke when his uncle Brandon, age 40, promises to pay him $1,000 for not smoking until age 22. Will a court compel uncle Brandon to pay Jared $1,000 if Jared does not smoke? |
| | A) | No, because Jared has better health for having not smoked. |
| | B) | No, because uncle Brandon did not benefit from Jared's action. |
| | C) | Yes, because Jared and uncle Brandon are adults. |
| | D) | Yes, because Jared gave up a legal right. |
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