Uslawessentials Contract Quiz 1
Test your understanding of basic definitions and the first element of a contract, the offer. Learn more at uslawessentials. Com
- 1.
Of the following, which is the LEAST accurate definition of a contract in the United States?
- A.
A legally recognized obligation a person owes to others to avoid causing harm, either carelessly or intentionally.
- B.
A promise that can be enforced in court.
- C.
A promise that, if broken, can result in liability.
- D.
A legally enforceable agreement.
Correct Answer
A. A legally recognized obligation a person owes to others to avoid causing harm, either carelessly or intentionally. -
- 2.
Debby gets a haircut but refuses to pay. If the stylist sues for payment, what is likely to be the stylist's best argument?
- A.
The prices on the stylist's wall constitute an express, written contract, executed by Debby.
- B.
Debby owes her for the reasonable value of her services pursuant to a theory of quasi contract.
- C.
The parties had an implied in fact contract.
- D.
A personal services contract can be oral.
Correct Answer
C. The parties had an implied in fact contract. -
- 3.
Peter is going on vacation. He asks Don to secure his car for one week in his garage in exchange for $750. The car is damaged and Peter sues. Does Article 2 of the Uniform Commercial Code apply to this agreement?
- A.
No, because the contract was not in writing.
- B.
Yes, because the car's damage while under Don's care satisfies any concern about the existence of a contract.
- C.
Yes, because the car could have been moved, even if it was technically not moved for one week.
- D.
No, because there was no transfer of title for money.
Correct Answer
D. No, because there was no transfer of title for money. -
- 4.
If a court decides that the common law applies to a lawsuit complaining that a book printer failed to properly print 1000 fine art books, what would be the LEAST likely reason:
- A.
The court applied the predominant purpose test.
- B.
The court applied the gravamen of the action test.
- C.
Books are goods.
- D.
The plaintiff is complaining about a defective service.
Correct Answer
C. Books are goods. -
- 5.
John is in the business of selling fancy watches. He signs a letter promising Mary that she may take up to 4 months to decide whether to buy a watch or not. Before 4 months pass, Mary tells John that she decided to buy the watch. Do the parties have an agreement?
- A.
No, because the offer automatically expired after three months.
- B.
No, because there was no consideration for John's promise.
- C.
Yes, if the price of the watch was greater than $500.
- D.
Yes, unless John revoked the offer.
Correct Answer
D. Yes, unless John revoked the offer. -
- 6.
A University announces that any student who registers for a scholarship program at the Dean's office and performs 100 hours of community service will receive a $1,000 scholarship. Peter performs the community service without registering first. Does the University have to provide the scholarship?
- A.
Yes, because in a unilateral contract, a party accepts by performing.
- B.
Yes, provided the value of Peter's service was reasonably equivalent to the value of the scholarship.
- C.
No, because the University required the students to register first.
- D.
No, because there was no return consideration for the University's promise.
Correct Answer
C. No, because the University required the students to register first. -
- 7.
David writes down in his diary, "I'm going to sell my old TV to the first person who offers me $300." Patty calls just then and offers $300 for David's TV. Does David have to sell the TV?
- A.
No, because David didn't speak to Patty or show her his diary.
- B.
No, because Patty's communication was oral, and David's was in writing.
- C.
Yes, because David's diary entry was in writing.
- D.
Yes, because the parties had a meeting of the minds.
Correct Answer
A. No, because David didn't speak to Patty or show her his diary. -
- 8.
David offers to sell a watch to Peter for $200. Peter says, "I'll pay $180" David turns away. Peter says, "OK, $200." Does David have to sell the watch?
- A.
No, the deal was not in writing.
- B.
Yes, provided a reasonable period of time did not lapse before Peter accepted.
- C.
No, Peter rejected the offer.
- D.
Yes, David rejected the counteroffer.
Correct Answer
C. No, Peter rejected the offer. -
- 9.
A company offers $1,000 to anyone who slips while wearing the company's safety shoes. Patty slips. Does the company have to pay her?
- A.
Yes, this was a unilateral contract.
- B.
No, advertisements are not offers.
- C.
Yes, provided $1,000 is commercially reasonable.
- D.
No, negligence is a basis for a tort, not for breach of a contract.
Correct Answer
A. Yes, this was a unilateral contract. -
- 10.
A car company offers to buy all of the tires it needs from a tire manufacturer. The manufacturer agrees. Can this form the basis of an enforceable agreement?
- A.
Yes, provided the court can gap-fill with at least a high degree of certainty how many tires a car company normally needs.
- B.
Yes, because the parties agreed that the car company will buy all the tires it needs from the manufacturer.
- C.
No, because the UCC does not have gap filling provisions for quantity.
- D.
No, because the contract is vague and ambiguous.
Correct Answer
B. Yes, because the parties agreed that the car company will buy all the tires it needs from the manufacturer. -
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Jul 16, 2017Quiz Edited by
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