Implied-in-Iaw contract and quasi-contract. Unilateral contract and informal contract. Formal contract and implied-in-Iaw contract. Implied-in-Iaw contract and implied-in-fact contract.
The United Nations Convention on Contracts for the International Sale of Goods provides rules that govern: the enforcement of contracts. Negotiable instrument. Contract under seal. Letter of credit. New car purchase contract. The offeree must learn of the offer, but this knowledge can come from any source.
The offeror must communicate the offer to at least one offeree, at which point the offer will be considered to be communicated to anyone who later learns of the offer by any means. The offeror must personally communicate the offer to the offeree. The requirement that the terms of the acceptance be the exact same as those of the offer is the: promissory estoppel doctrine.
Generally, an offeree must accept an offer by an authorized means of communication. The common law recognizes certain implied means of communication. The offer can stipulate that acceptance must be by a specified means of communication e. Most offers do not expressly specify the means of communication required for acceptance.
All the above. The damage is so extensive that Charlie doubts the home can be saved. Hilda begs Charlie to try to repair the home. Charlie tells Hilda that he will do the best he can but cannot promise that the he will be successful. Hilda agrees to these terms. Which of the following is true in this situation? If Charlie encounters unforeseen difficulties Hilda will not be obligated to pay him.
The doctrine of promissory estoppel will allow Hilda to recover from Charlie if he fails to repair the damage. This is a requirements contract because it states what each party is required to do. This is an illusory promise because Charlie is not obligated to repair the damage. This is a best efforts contract properly supported by consideration on both sides.
When after reaching the age of majority a minor legally indicates that the minor intends to be bound by the terms of a contract entered into as a minor, the action is known as: ratification. What is the effect on contract obligations of a person who is insane much of the time but who also has periodic lucid intervals of sanity?
In order to avoid a contract, this person must not be in a lucid interval when making the decision to avoid a contract. All contracts entered into by such a person are void regardless of when they were entered into. Contracts entered into during a lucid interval cannot be avoided. All contracts entered into by this person will be voidable regardless of when they were entered into. A person who has lucid intervals can avoid contracts only after being adjudicated insane.
A clause that prevents one party from competing with the other party for a set period of time. A clause that sets the penalties for a breach of the contract. A clause that says that an innocent party is entitled to extra damages to punish a breaching party. A contract where a strong party to a contract misused its power to create unfair contract terms. Any contract involving a minor or intoxicated person. A contract that was entered into with both parties being fully aware of its illegality.
Any contract that is contrary to public policy. Any contract where the terms greatly favor one party. In Wells Fargo Credit Corporation v.
Martin, what was the result when a paralegal misread her instructions and bid lower on some foreclosed property than she was supposed to bid, and someone else bought the property at auction? The paralegal was allowed to bid again for her company. The paralegal was allowed to take title to the land only if she matched the bid of the highest bidder. The paralegal was allowed to bid again only because she presented proof by a disinterested witness of her unilateral mistake.
The auction was voided and conducted again because of the unilateral mis take of the paralegal. The person who made the highest bid, not the paralegal, was allowed to keep the land.
The misstatement must not involve an issue of law. The misstatement can relate to any fact before or after the contract was formed. The misstatement must have been a correct statement at some point in the past. The misstatement must relate to the substance that the item is made of. A situation where one party has lied to the other to lead them to enter into a contract.
A situation where a trust relationship has been violated in forming a contract. A situation where, after the contract was negotiated, circumstances have changed so that one of the parties is in a desperate circumstance and cannot reasonably perform. A situation where a party has improperly given the other party no alternative but to enter into a contract. A situation in which fraud has been committed by a third party to the contract.
Nothing as far as the Statute of Frauds is concerned because incorporation cannot be used to satisfy the Statute of Frauds. It has no legal significance. It makes the Statute of Frauds inapplicable to the contract.
It identifies the parties to a contract. Jack and Jill were discussing business over lunch when they agreed on the sale of some goods. Jack delivered the widgets per the contract, but Jill refuses to pay for them.
If Jack sues Jill for the price of the goods, the most likely resu It is: Jack will win because the writing is sufficient under the Statute of Frauds. Jack will win because the Statute of Frauds does not apply to this situation. Jill will win because Jack did not sign the contract. Jill will win because there was no reasonable basis for her to believe there as an enforceable contract. Jill will win because this writing is not sufficient under the Statute of Frauds.
When the government enters into a contract on behalf of a taxpayer, the taxpayer is usually what kind of beneficiary? Conditional e. It means that the contract is ineffective if the time for performance is not expressly stated. It puts a duty on the parties to a contract to perform as soon as possible. It creates a legal goal for the parties. It means that if performance of the contract is completed within a short time of the stated time, it will be considered performed at essentially the proper time.
Because John owes his younger brother a large sum of money, John assigned, prior to notifying Barb of the assignment, his right to receive payment to his brother. John began the restoration, but quickly stopped working on the car. Because of this, Barb retrieved the car from John. Almost no restoration work had been performed.
She is concerned, however, about her ability to get a loan. What type of condition is this agreement? An express condition. A concurrent condition. A condition precedent. When an employee breaches a fixed-term employment contract by quitting before the end of the term, what can the employer recover as damages? All amounts already paid to the employee under the contract. Nothing, because courts do not order anyone to perform a job against his or her will.
Only specific performance. Only amounts paid to the employee for which the employee has not yet done the work. The costs of hiring a replacement employee plus any increase in salary paid to the replacement employee. The doctrine that places a duty on a non-breaching party to take reasonable steps to reduce damages is called: garn ish ment. Alice has a contract with a surgeon to have a medical procedure performed on July The surgeon notifies Alice on July 5 that he is in the Bahamas and will be there until the end of August and will not be able to do the surgery.
Which of the following is true at this point? Alice must give the surgeon 90 days in which to schedule the surgery after July There will be no breach until July Alice must wait until July 17, and if the surgeon does not perform the procedure, then Alice can contract with another surgeon. Alice is free to contract with another surgeon. The contractor was 30 days late in finishing the project, but otherwise met the terms of the agreement.
What is most likely in this situation? The liquidated damages clause would not be enforced due to its being excessive. The liquidated damages clause would not be enforced because the parties made a mutual mistake about when the contract would be finished. The liquidated damages clause would be enforced only if it can be shown that the contractor has made that much in profits over the past six months.
The liquidated damages clause would be enforced. The highest price paid to date for the purchase of a domain name has been to purchase:. Under the Uniform Computer Information Transactions Act, what is the effect of putting additional terms into an acceptance delivered through an electronic agent? The acceptance is treated as a counteroffer. The additional terms are ignored and a contract is formed based on the original terms. The acceptance is treated as a rejection. The acceptance is treated is if it never occurred, leaving the original offer open.
The additional terms become part of the agreement unless objected to within 10 days. Under the Uniform Computer Information Transactions Act, how long does a party have in which to commence a cause of action? Two years after the breach was or should have been discovered, but not more than five years after the breach actually occurred.
One year after the breach actually occurred only. One year after the breach was or should have been discovered, but not more than five years after the breach actually occurred.
Two years after the breach was or should have been discovered, but not more than three years after the breach actually occurred. One year after the breach was or should have been discovered, but not more than four years after the breach actually occurred. The parol evidence rule would not allow which of the following items into evidence when interpreting a written contract?
Evidence based on prior conduct in similar contracts between the parties to explain the meaning of an ambiguous term in the contract. Evidence of an oral statement regarding the contract price made when the written contract was signed that was different from the price in the written contract.
Evidence of a price change agreed upon after the contract was signed. All the above would be allowed into evidence under the parol evidence rule. The offeree. The offeror. Both the offeror and the offeree. Neither the offeror nor the offeree. The offeree only if the offeree is a corporation. Susan decides to buy new carpet for her home. She goes to Carpet City and chooses the carpet she likes.
As part of the deal, Carpet City agrees to install the carpet. The carpet is installed while Susan is at work. When she returns home and sees it, Susan immediately notices problems. The carpet is not the same quality of carpet she ordered, and the color is off. Does the UCC apply, and why or why not? The UCC does not apply because it does not apply to mixed contracts of goods and services.
The UCC appl ies because it applies to service contracts as well as to contracts for the sale of goods. Which of the following situations creates a sale that falls under UCC sales law rules? All of the above are UCC sales contracts. Katherine makes a contract to purchase a shed that requires assembly. Abc rentals rents a cement mixer to Katherine.
Mackey agrees to teach at yahoo university for 1 year. Seller who is located in Atlanta, Georgia contracted to sell a shipment of peaches to the fruit gum company located in Buffalo, New York. The peaches were sold f. Seller delivered the peaches to the proper carrier in Atlanta and the peaches were destroyed during shipping. Under these facts: Seller and buyer share the risk of loss. Seller bears the risk of loss and is responsible.
Buyer bears the risk of loss and is responsible. Neither the seller nor the buyer bear risk of loss, the carrier bears the risk of loss. Such contracts require the seller to bear the risk of loss to the goods during their transportation. The risk of loss does not pass until the goods are tendered to the buyer at the specified destination.
It requires the seller to deliver conforming goods to a specific destination. It requires the seller to ship goods conforming to the contract to a buyer via a carrier. Under Article 2A of the UCC, for which types of lease s is the risk of loss on the lessor during the term of the lease? Loss-shifting leases. Both ordinary and finance leases. Ordinary leases. Finance leases. Neither ordinary nor finance leases. In Lindholm v. Malmberg had been entrusted with the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser.
Malmberg had stolen the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser. If a seller has delivered nonconforming goods that have been rejected by the buyer, the seller has a right to cure: only if the buyer agrees. To be an installment contract, the contract must state that each delivery is a separate lot or words to that effect.
The buyer may reject the entire order for any nonconformity. The buyer may reject the entire order only if the nonconformity in one shipment affects the value of the entire contract. If not mentioned in the contract, the buyer has the right to inspect goods in a reasonable time, place and manner once the goods have been accepted.
This right must be agreed to in the contract in order for it to apply. If not mentioned in the contract, the buyer has the right to inspect goods in a reasonable time, place and manner prior to accepting or paying for them.
This right exists even if not mentioned in the contract, and the buyer has the sole right to determine the time and place the right may be exercised. This right exists even if not mentioned in the contract, and the seller has the sole right to determine the time and place the right may be exercised. Which of the following is not necessary in order for the implied warranty of fitness for a particular purpose to apply to a sale of goods? The goods are purchased. The seller is a merchant.
Dolinski, in which the plaintiff became ill after consuming a soft drink with a dead mouse in it and sued the manufacturer of the drink? The defendant won because the plaintiff could not explain how the mouse got in the drink.
Plaintiff won because he could prove negligence on the part of the defendant. Plaintiff won because the defendant was held liable under the doctrine of strict liability in tort. The defendant won because it had been as careful as possible in bottling the drink. Which of the following is not a typical way that a manufacturing defect arises?
Failure to properly check the quality of the completed product. Failure to properly design the product. Failure to properly assemble the product. Failure to properly test the product. Failure to properly engineer the product. Peterson, the court found Sta-Rites pool drain defectively designed based on which of the following except: there was no shut off mechanism. Our website has a team of professional writers who can help you write any of your homework. They will write your papers from scratch.
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