Legal Studies Test 2

If one part of the contract becomes illegal or impossible to perform, the remaining contract components remain in effect if:

Applying the parole evidence rule

A handyman goes to the wrong house by mistake and cleans the gutters while the homeowners are at work. The homeowners will have to pay for the service under the quasi-contract theory of unjust enrichment

Johnson Builders is selling a newly built home to Sheila. JRK Realtors is handling the transaction. This sale is covered under Article 2 of the UCC.

Pete has been fired from his job and believes that he has been wrongfully terminated. As he decides how to fight the perceived injustice, how can he best mitigate damages?

In Difolco vs. MSNBC, a TV commentator e-mailed her supervisors indicating that she wished to have a meeting to discuss her exit from the shows and to give MSBC ample time to replace her, but she also wrote that she wanted to be part of the MSNBC team “for a long time to come.” MSNBC claimed anticipatory repudiation. The court:

Most advertisements in the mass media are not offers because they:

The UCC permits terms to be added into a contract or filled in as gap fillers; however, the contract cannot be enforceable unless the parties have agreed to and specified a price in their agreement.

Each of the following is a discharge by mutual consent except:

Specific performance is almost always available when a real estate contract is involved.

In a shipping contract, the seller is obligated to deliver the good into the "hands" of the buyer

Which of the following promises ordinarily need not be in writing to be enforceable?

Boris skydives from a plane and gets tangled in a tree, hopelessly suspended and swinging precariously in his parachute from the brancehs of the tree. Natasha sees that he is in trouble and comes to his rescue. Once Boris is safely on the ground, he gratefully promises to give Natasha half of his life savings account. When he changes his mind, Natasha will probably be unsuccessful in enforcing his promis

Two merchants agree to sale of goods to be shipped by boat from Maine to Florida. No other shipping terms are indicated. If the boat sinks during the trip and all the goods are destroyed:

A building manager hires a painting company to paint the common areas in the building. The manager will supply all of the paint. This contract is a hybrid contract.

The legal detriments exchanged by the parties must be equal, or reasonably close to equal, for consideration to be valid.

In which of the following scenarios would enforcement of specific performance be appropriate?

Elise hires an artist to paint a portrait of her family. This contract is governed by common law

In a shipping contract, the risk of loss passes to the buyer when

Generally, mutual mistakes will often lead to the court allowing an avoidance of a contract; however, a unilateral mistake is not usually grounds to cancel a contract

If a party has been delivered nonconforming goods and has rejected them and is then forced to cover in order to maintain business operations, the party may sue the seller for the difference in price plus any consequential damages.

Ally, a minor purchases a car from a used-car dealer. The law allows minors the right to cancel a contract until the time the minor turns 18. The contract between Ally and the dealer is:

Which of the following requires a written contract to be enforceable?

Mike is walking through a parking lot and finds Kathy lying unconscious. He puts her in his car and takes her to the hospital. The hospital saves her life, and when she becomes conscious, it presents her with a bill.

Cathy’s Coaster Company uses cork in all of the protective drink coasters that it manufactures. If Cathy’s enters into an agreement with a cork exporter from Portugal to purchase all of the cork it needs to produce its products, this would be:

Anticipatory repudiation may be used when a party has knowledge that either a complete or a partial breach will occur by the other party

Patios R Us contracts with Karl's Concrete to have 35 yards of concrete delivered to a job site it is working on. Payment is to be made 30 days after delivery. Five days after the concrete is delivered, Patios R Us files for bankruptcy and the filing is accepted by the court. Karl's cannot sue to enforce the contract and receive payment.

Craig is a licensed plumber and has a contract to install a replacement toilet for Mary. When Craig realizes that he has booked two appointments simultaneously, he calls Brian, another licensed plumber and asks him to install Mary's toilet. Craig has assigned his duties to Brian.

The mailbox rule determines when a contract is considered to be deemed accepted by the offeree, thus depriving the offeror of the right to revoke the offer.

Duress must be based on a physical threat and not an economic one

Helen's cat Fluffy has run away, and she places reward posters throughout her neighborhood promising to pay $50 to anyone who finds and returns Fluffy. Mark sees one of the reward posters and spends the next six hours searching for Fluffy. While Mark is searching the neighborhood, Fluffy gets hungry and comes home.

Sophia stops at a coffee shop after class and orders a latte. This is an example of an implied contract

Fred’s Flooring (FF) contracted with Harry homeowner to install wood flooring throughout Harry’s home. Harry was to purchase the flooring, and the contract was solely for installation. Payment was to be 20 percent at the time that the work commenced and 80 percent once the flooring was installed. Harry purchased the flooring materials and paid the 20 percent, so FF began work. When FF’s work was halfway completed, Harry realized that he didn’t have the money to pay FF on completion, so he bolted the doors and refused access. If FF wants to rescind the contract and be paid for work completed, FF would sue for:

Which of the following items would be properly subject to a UCC sales contract?

Your cousin, who is a CPA, calls you and says that a client paid him in diamonds and he is selling them. If you purchase one of those diamonds, at the time of the sale your cousin would be considered a merchant of those diamonds.

In Stevens vs. Publicis, S.A., the court addressed the statute of frauds issue of what constitutes a writing in today’s cyber would determined that:

Something of value that is exchanged as part of an agreement is called:

A rescission of a contract may occur when either party chooses to end the agreement

Robert was completed college and is about to graduate. His parents tell him that because he is the first member of the family to graduate college, they want to buy him a new, but inexpensive, car. They have the money to buy the car, and Robert is excited about getting his gift. Robert owns a used car but has never owned a new car, so this will be his first. He decided to keep his used car because he had been promised a new car by his parents for his high school graduation and never got it. On graduation day, his parents tell him that they have decided to use the car money for a vacation and there will be no new car.

Only written agreements are enforceable as contracts by courts