General Credit Corporations promise a year-end bonus “if it seems like a good idea.” (enforceable, illusory, unconscionable, …)
illusory
142
Intoxicated but fully aware; agree to a cellphone contract above price (enforceable, unenforceable)
enforceable
143
Elmo loses dog, Floyd finds dog but doesn’t get shit because: (doesn’t need money, returned the dog, didn’t know about reward)
Didn't know about the reward
144
"A" sells java roaster for $50; "B" reject offer. Contract: (Valid, Terminated)
Terminated
145
PETA judge, establishes a quasi contract, meaning the previous contract was: (Valid contract, invalid contract)
- Invalid contract
- Quasi-contract; remedy in absence of a valid contract
146
Bill offers to sell to Deena; “price is too high, I’ll buy for $90,000” Deena: (Accept offer, rejected offer --> counter offer)
rejected offer --> counter offer
147
Jane offer to sell to Kyle, Kyle initially rejects but then changes mind and sends acceptance. (Acceptance, rejection, Jane decides, whichever comes first)
whichever comes first
148
Lucy uses undue influence to persuade Mina (Do nothing, Go through, avoid contract)
Void Contract
149
Joe sells book to Gregor for $65 (Implied contract, expressed contract)
Expressed Contract
150
Honest but erroneous statement (Unilateral mistake, duress, fraud, innocent misrepresentation)
innocent misrepresentation
151
Microcorp offers salary --> doubles salary [ Enforceable (adhesion), enforceable (accorded satisfaction), enforceable (not illusory), unenforceable (Nick incurred no additional detriment/work to justify) ]
Unenforceable
152
Max (a minor) signs contract for apt. He can: (Disaffirm/dodge liability, disaffirm/liable can’t disaffirm/dodge liability, can’t disaffirm/liable)
Can’t disaffirm and can’t avoid liability (necessity)
153
Royal company mails out ads (informal) company accepts contract [Can (enforceable), Can't (unenforceable), Voidable (?) ]
Can't (invitation void)
154
A minor turns 18 (majority) and cuts payments to bills (disaffirm, ratify)
disaffirm
155
Alan (guardian) convinces Joe to invest (Duress, fraud, puffery (opinion), undue influence)
Undue Influence
156
May is a stock broker, Sally takes loss on May’s opinion. Sally can recover (Amount of purchase price, nothing)
Nothing
157
Construction union works on project, after two months cease work and demand more money. This demand is: (Enforceable, Unenforceable)
Unenforceable (pre-existing duty)
158
Contract includes an arbitration clause. A court will then: (Order to court, monitor arbitration, order to arbitration)
Order to Arbitration
159
Adequacy of consideration
Legally sufficient value of the law
(legality)
160
Jill sells horse, but unknown both parties horse dies (Jill refunds, Jill not required to pay, Jill sues))
Not required to pay (mutual mistake)
161
Kim contracts Leo, Kim assumes Leo say nothing == agree. Leo: (Accept, make counter offer, reject, nothing)
Nothing
162
Evon asks Zach, “would you like to buy anything?” Contract terms are: (definite, not definite, expressed, implied)
Terms are not definite
- Not definite (identify item, identify price)
163
Don contracts Eddy w/ no contractual capacity enforceable because: (terms are conscionable, agreement (even though voidable), voulenteer, not truly incap'd)
Eddy elects to not avoid contract
164
Ralley sells to Sophie (a minor) and misrepresents; fraud because: (Exaggerated fact, Sophie is stupid, Sophie minor, Intentional deceit)
Intentional deceit
165
Offer 5-day span. Offer effective once: (sent, transferred, received)
Recieved
166
Contract made at gun-point. Contract is voidable under: (no circumstance, any circumstance)
Any Circumstance
167
Implied Contract
conduct defines the contracts terms
168
"A" is offered a car, refused test drive. Car craps out. "A" can: (rescind; claim fraud, can't rescind)
Can't rescind
- "A" was never defrauded (no intent)
169
Plumber fails to perform (promise; no agreement) and is sued to recover (crime, promissory estoppel, breech, negligence)
Promissory estoppel
170
Arson applies for insurance and hides arson conviction. [ Binding, voidable (immaterial), voidable (material) ]
- Voidable
- material misrepresentation
- Material --> significant
- Immaterial --> insignificant
171
Contract has 6 pages of miscalculations; parties refuse to fix. Contract is: (Enforced, award damages, allow rescind)
Allow parties to rescind
172
Freda and Gale form a bilateral contract. Freda can only accept from gale (promise, service, goods, damages)
Promise
- Bilateral (promise 4 promise)
- Unilateral (promise 4 already-rendered)
173
Spiked odometer (Duress, puffery, undue influence, fraud)
Fraud
174
A company is expected to be (ethical, legal, legal/unethical, legal/ethical)
Legal/ethical
175
Parties interpret 2 separate shipping dates: (Valid, Voidable, Void)
Void
- Mutual Mistake
- Mistake of Fact NOT value
176
A company found guilty of unethical actions will affect their (good will, reputation, profitability, all the above)
All the Above
177
A company develops a strategy for ethical obligation for: (profit, standards of right/wrong, law, feel like it)
Standards of right and wrong
178
Dale scripts a spam click hitter to boost traffic. (Illegal, aggressive, undue, unethical)
Unethical but legal
179
Jury decides the law (T/F)
False
- Jury decides the facts
- Judge decides the law
180
Stare decisis is common law (T/F)
True
181
Administrative agencies have quasi-judicial power (T/F)
True
- ie. DMV
182
A mediator can issue a legally binding determination (T/F)
False
- Negotiator --> Mediator --> Arbitrator
183
Statement of opinion can be a subject of fraud. (T/F)
False
- Facts that are not true are fraud
184
An arbitrator cannot render a legally binding decision. (T/F)
False
- Negotiator --> Mediator --> Arbitrator
185
Adhesion contracts can occur on a one-sided contract. (T/F)
True
186
A contract can be void for a party's overestimation of value. (T/F)
False
- Mistake on Fact NOT Value
187
Alternative dispute resolution is performed outside a court system. (T/F)
True
188
A minor has the right to disaffirm after 'x' days.
False
- "reasonable period of time"
189
Court will not consider/question adequacy of consideration
True
190
Constitutional, administrative [agency] (ie. DMV), and criminal is private law (T/F)
False
- Public Law: Const/Admin/Crim
- Private Law: Tort/Contract
191