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Exam 13: Introduction to Contracts

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Question 21

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Which of the following is the reason the Uniform Commercial Code was drafted?

A) Different states had different laws governing contracts which did not result in a smooth flow of interstate commerce.
B) Federal law governing contracts was difficult to apply.
C) The Restatement of the Law Second,Contracts was not being evenly and fairly applied.
D) The Uniform State Act on laws was not working.
E) Some states had no law governing contracts.

F) A) and D)
G) D) and E)

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Question 22

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Which of the following is the most likely measure of recovery when a quasi-contract is involved?

A) Damages will be computed the same way as they are computed for any other contract.
B) The amount sought by the plaintiff in the Complaint.
C) The wholesale price of any good involved.
D) The fair market value of the matter involved.
E) The amount set forth in the contract.

F) D) and E)
G) C) and D)

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Question 23

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Generally,when determining whether a contract exists the intent of the parties is not relevant;rather,what matters is how they represented their intent through their actions and words.

There are four elements that are necessary for a contract to exist.Identify and describe each of those elements.

Which of the following is the part of the Uniform Commercial Code governing contracts for the sale of goods?

A bond used as bail in a criminal case is a recognizance,which is an example of a formal contract.

First,define an express contract and an implied contract.Next,present the three conditions that generally must be met for the courts to find an implied contract,and provide an example of an express contract,and an implied contract.

In relation to contracts,the term "consideration" pertains to parties acting in an ethical manner.

Which of the following may represent a lack of genuine assent?

There is no requirement that enrichment be unjust in order to recover under quasi-contract.

[Refusal to Pay] Business law teacher Allison needed some yard work done.She told her class that she would give $50 to the first person who mowed her yard.She also entered into an agreement with Karina who agreed to trim some shrubbery for $40.Another student,Brendan went to mow Allison's yard.Unfortunately,just as he finished mowing,a neighborhood dog bit him,and he had to go to the emergency room for a couple of stitches.Allison refused to pay Brendan because she said that he had upset the neighbors and their dog,and that he was more trouble than he was worth.Secretly,Allison was glad about the dog bite because she felt it gave her a reason not to pay.Brendan refused to pay the emergency room because he said that they did not have a binding,bilateral contract.Karina refused to trim the shrubbery because she got a better offer and claimed that she was not bound on the contract until she started the work. -Which of the following is correct regarding Karina's statement that there was no contract?

Quasi-contracts are actual contracts.

The term originated from the days when a contract was literally sealed by a piece of soft wax into which an impression was made.

What type of contract is the dog training contract?

Katie mows her own yard to save money.Her neighbor Jonah,however,hires a lawn service to mow his yard.One day,as Katie is looking out of the window,Jonah's lawn service drives up.To her surprise,they begin to mow her yard,not Jonah's yard.Katie thinks that is great and keeps her mouth shut while they mow the yard.Later,she gets a bill.She calls the owner of the lawn service and says that she does not have to pay because there was not a contract in place where she agreed to have her yard mowed.The lawn service says that she is liable for the full amount of its contract.Discuss whether the lawn service is entitled to any recovery,and why or why not.

The law of contracts is primarily ________ law.

If a person is intoxicated when signing a contract,they may not back out of the contract based on being intoxicated because being intoxicated is a voluntary condition.

The person who makes an offer is called a[n] _ _.

Which of the following is correct regarding Gina's assertion that the neighbor will be required to pay Jackson?

Which of the following is true regarding the type of marriage contract discussed in the text called the muta'a?