Bob convinces his parents to permit him to become an emancipated minor. On emancipation, Bob will acquire the right to:
a. buy alcoholic beverages only.
b. vote only.
c. buy alcoholic beverages and vote.
d. none of the above.
An unconditional assignment of right in a contract will extinguish the rights of the assignor.
Dave signs a contract with Ellen to kill Frank. Ellen pays Dave but he refuses to perform. Ellen can:
a. enforce the contract only if she is not going to participate in the crime.
b. not enofrce the contract.
c. successfully sue Dave for the return of the money paid.
d. successfully sue Dave to perform.
As part of a sale of a business, Leroy signs a covenant not to compete that is unreasonable in its essential terms. To prevent undue hardship, a court will most likely:
a. enforce the covenant as written.
b. enforce the covenant but evaluate its effects over time.
c. reform the covenant’s terms.
d. refuse to enforce the covenant without additional consideration.
Entrusting goods to a merchant who deals in goods of the kind gives the merchant the power to transfer all rights to a buyer in the ordinary course of business.
Glad Chair Company contracts to deliver 100 chairs to Home Furnishings Store on May 1. Glad tells Home on April 15 that it is canceling the contract because its workers have gone on strike. Home may:
a. await Glad’s performance, sue Glad, or suspend its own performance.
b. only await Glad’s performance for a commercially reasonable time.
c. only sue Glad for breach of contract.
d. only suspend its own performance.
Deb and Eve sign a written contract. Deb claims that the parties later orally agreed to modify the contract. The oral modification is likely not enforceable if it falls under:
a. the doctrine of promissory estoppel.
b. the “main purpose” exception.
c. the “partial performance” exception.
d. the Statute of Frauds.
Browse-wrap terms are arguably not enforceable
Clear Sight Company, which is based in Delaware, agrees to sell fifty windows, currently stored in Florida, to Great View, Inc., which is based in Hawaii. Absent an agreement to contrary the place of delivery will be in
Dale files a suit against Eve, alleging her fraud in entering into a contract with him. Proof of an injury is required:
a. to recover damages.
b. to rescind the contract.
c. to undo Eve’s influence.
d. under no circumstances.
Don, a salesperson for Excel Autos, promises Fern that a certain car will give her a “smooth ride.” Don offers a test drive, which Fern declines. She buys the car but soon realizes that its suspension is in poor condition. Fern:
a. can rescind the contract on the ground of fraud.
b. can rescind the contract on the ground of misrepresentation.
c. can rescind the contract on the ground of mistake.
d. was not defrauded.
Fred and Gail enter into a contract by which Fred promises to deliver fertilizer to Gail. Fred subsequently delegates this duty to Holly. Fred is
a. the delegatee and the obligee.
b. the delegatee but not the obligee.
c. the delegator and the obligor.
d. the delegator but not the obligor.
An unconscionable contract is a contract so one-sided and unfair at the time it is made that enforcing it would be unreasonable.
Cecil’s Hardware Store sold a lawnmower to Candace. Under most circumstances, Cecil’s will be presumed to have warranted that:
a. it has good title to the mower.
b. there are no liens on the mower.
c. the mower does not infringe any patent or trademark claims of a third party.
d. all of the above.
Fine Coffee Company agrees to buy a unspecified quantity of coffee beans from Global AgriCorp. Global breaches the contract. Fine can most likely:
a. enforce the agreement to the extent of a reasonable quantity.
b. enforce the agreement to the extent of Fine’s requirements.
c. enforce the agreement to the extent of Global’s output of coffee.
d. not enforce the agreement.
Blythe’s application to Community Bank for a credit card is denied. Blythe can obtain information on her credit history in a credit agency’s files under:
a. no federal law.
b. the Equal Credit Opportunity.
c. the Fair Credit Reporting Act.
d. the Fair Debt Collection Practices Act.
Dan steals Eve’s necklace and sells it to Fiona. Eve can recover the necklace from Fiona
a. only if Fiona did not know that the necklace was stolen.
b. only if Fiona gave legally sufficient consideration for the necklace.
c. only if Fiona knew that the necklace was stolen.
d. under any circumstances.
Complete performance occurs when conditions in a contract fully occur in all aspects.
An oral contract for a sale of land may be enforceable if the contract has been partially performed.
Farm Supplies Corporation (FSC) manufactures tractors and other farming machinery. Erin discovers that her FSC tractor is defective. Erin sues FSC for product liability based on negligence. To win, Erin must show that
a. the “defect” was a commonly known danger.
b. Erin knew and appreciated the risk caused by the defect.
c. Erin suffered an injury caused by the defect.
d. FSC sold the tractor to Erin.
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