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Contracts

Questão 1 de 35

1

All of the following statements regarding compliance with the statute of frauds are except:

Selecione uma das seguintes:

  • A. any necessary writing must be signed by all parties against whom enforcement is sought.

  • B. contracts involving the sale of goods in an amount greater than $500 must be in writing.

  • C. contract terms must be contained in only one document.

  • D. contracts for which it is improbable to assume that performance will be completed within one year must be in writing.

Explicação

Questão 2 de 35

1

Carson Corp., a retail chain, asked Alto Construction to fix a broken window at one of Carson’s stores. Alto offered to make the repairs within three days at a price to be agreed on after the work was completed. A contract based on Alto’s offer would fail because of indefiniteness as to the:

Selecione uma das seguintes:

  • A. price involved.

  • B. nature of the subject matter.

  • C. parties to the contract.

  • D. time for performance.

Explicação

Questão 3 de 35

1

To which of the following transactions does the common law statute of frauds not apply?

Selecione uma das seguintes:

  • A. Contracts for the sale of real estate

  • B. Agreements made in consideration of marriage

  • C. Promises to pay the debt of another

  • D. Contracts that can be performed within one year

Explicação

Questão 4 de 35

1

On June 1, Year 3, Nord Corp. engaged Milo & Co., CPAs, to perform certain management advisory services for nine months for a $45,000 fee. The terms of their oral agreement required Milo to commence performance any time before October 1, Year 3. On June 30, Year 4, after Milo completed the work to Nord’s satisfaction, Nord paid Milo $30,000 by check. Nord conspicuously marked on the check that it constituted payment in full for all services rendered. Nord has refused to pay the remaining $15,000, arguing that although it believes the $45,000 fee is reasonable, it had received bids of $20,000 and $38,000 from other firms to perform the same services as Milo. Milo endorsed and deposited the check. If Milo commences an action against Nord for the remaining $15,000, Milo will be entitled to recover:

Selecione uma das seguintes:

  • B. $0, because the statute of frauds has not been satisfied.

  • C. $8,000, because $38,000 was the highest other bid.

  • D. $15,000, because it is the balance due under the agreement.

  • A. $0, because there has been an enforceable accord and satisfaction.

Explicação

Questão 5 de 35

1

Maco, Inc., and Kent contract for Kent to provide Maco certain consulting services at an hourly rate of $20. Kent’s normal hourly rate was $90 per hour, the fair market value of the services. Kent agreed to the $20 rate because Kent was having serious financial problems. At the time the agreement was negotiated, Maco was aware of Kent’s financial condition and refused to pay more than $20 per hour for Kent’s services. Kent has now sued to rescind the contract with Maco, claiming duress by Maco during the negotiations. Under the circumstances, Kent will:

Selecione uma das seguintes:

  • A. win, because Maco refused to pay the fair market value of Kent’s services.

  • B. win, because Maco was aware of Kent’s serious financial problems.

  • C. lose, because Maco’s actions did not constitute duress.

  • D. lose, because Maco cannot prove that Kent, at the time, had no other offers to provide consulting services.

Explicação

Questão 6 de 35

1

Which of the following types of conduct renders a contract voidable?

Selecione uma das seguintes:

  • B. Unbreached contract

  • C. Duress through physical compulsion

  • D. Duress through threats of a civil suit

  • A. Mutual mistake as to facts forming the basis of the contract

Explicação

Questão 7 de 35

1

West, an Indiana real estate broker, misrepresented to Zimmer that West was licensed in Kansas under the Kansas statute that regulates real estate brokers and requires all brokers to be licensed. Zimmer signed a contract agreeing to pay West a 5% commission for selling Zimmer’s home in Kansas. West did not sign the contract. West sold Zimmer’s home. If West sued Zimmer for nonpayment of commission, Zimmer would be:

Selecione uma das seguintes:

  • A. liable to West only for the value of services rendered.

  • B. liable to West for the full commission.

  • C. not liable to West for any amount because West did not sign the contract.

  • D. not liable to West for any amount because West violated the Kansas licensing requirements.

Explicação

Questão 8 de 35

1

Baker fraudulently induced Able to sell Baker a painting for $200. Subsequently, Baker sold the painting for $10,000 to Gold, a good-faith purchaser. Able is entitled to:

Selecione uma das seguintes:

  • A. rescind the contract with Baker.

  • B. recover the painting from Gold.

  • C. recover damages from Baker.

  • D. rescind Baker’s contract with Gold.

Explicação

Questão 9 de 35

1

Card communicated an offer to sell Card's stereo to Bend for $250. Which of the following statements is regarding the effect of the communication of the offer?

Selecione uma das seguintes:

  • A. Bend should immediately accept or reject the offer to avoid liability to Card.

  • B. Card is not obligated to sell the stereo to Bend until Bend accepts the offer.

  • C. Card is required to mitigate any loss Card would sustain in the event Bend rejects the offer.

  • D. Bend may not reject the offer for a reasonable period of time.

Explicação

Questão 10 de 35

1

Dye sent Hill a written offer to sell a tract of land located in Newtown for $60,000. The parties were engaged in a separate dispute. The offer stated that it would be irrevocable for 60 days if Hill would refrain from suing Dye during this time. Hill promptly delivered a promise not to sue during the term of the offer and to forego suit if Hill accepted the offer. Dye subsequently decided that the possible suit by Hill was groundless and therefore phoned Hill and revoked the offer 15 days after making it. Hill mailed an acceptance on the 20th day. Dye did not reply. Under the circumstances:

Selecione uma das seguintes:

  • A. Dye’s offer was supported by consideration and was not revocable when accepted.

  • B. Dye’s written offer would be irrevocable even without consideration.

  • C. Dye’s silence was an acceptance of Hill’s promise.

  • D. Dye’s revocation, not being in writing, was invalid.

Explicação

Questão 11 de 35

1

Bradford sold a parcel of land to Jones, who promptly recorded the deed. Bradford then resold the land to Wallace. In a suit against Bradford by Wallace, recovery will be based on the theory of:

Selecione uma das seguintes:

  • A. bilateral mistake.

  • B. ignorance of the facts.

  • C. unilateral mistake.

  • D. fraud.

Explicação

Questão 12 de 35

1

Kay, an art collector, promised Hammer, an art student, that if Hammer could obtain certain rare artifacts within two weeks, Kay would pay for Hammer's post-graduate education. At considerable effort and expense, Hammer obtained the specified artifacts within the 2-week period. When Hammer requested payment, Kay refused. Kay claimed that there was no consideration for the promise. Hammer would prevail against Kay based on:

Selecione uma das seguintes:

  • A. unilateral contract.

  • B. unjust enrichment.

  • C. public policy.

  • D. quasi contract.

Explicação

Questão 13 de 35

1

On June 15, Peters orally offered to sell a used lawn mower to Mason for $125. Peters specified that Mason had until June 20 to accept the offer. On June 16, Peters received an offer to purchase the lawn mower for $150 from Bronson, Mason’s neighbor. Peters accepted Bronson’s offer. On June 17, Mason saw Bronson using the lawn mower and was told the mower had been sold to Bronson. Mason immediately wrote to Peters to accept the June 15 offer. Which of the following statements is ?

Selecione uma das seguintes:

  • A. Mason’s acceptance would be effective when received by Peters.

  • B. Mason’s acceptance would be effective when mailed.

  • C. Peters’s offer had been revoked and Mason’s acceptance was ineffective.

  • D. Peters was obligated to keep the June 15 offer open until June 20.

Explicação

Questão 14 de 35

1

On December 1, Gem orally contracted with Mason for Mason to manage Gem's restaurant for one year starting the following January 1. They agreed that Gem would pay Mason $40,000 and that Mason would be allowed to continue to work for Gem if “everything worked out.” On June 1, Mason quit to take a better-paying job, alleging that the contract violated the statute of frauds. What will be the outcome of a suit by Gem for breach of contract?

Selecione uma das seguintes:

  • A. Gem will win because the contract was executory.

  • B. Gem will win because the contract was for services, not goods.

  • C. Gem will lose because the contract could not be performed within one year.

  • D. Gem will lose because the contract required payment of more than $500.

Explicação

Questão 15 de 35

1

Where the parties have entered into a written contract intended as the final expression of their agreement, which of the following agreements will be admitted into evidence because they are not prohibited by the parol evidence rule?

Selecione uma das seguintes:

  • A. Subsequent oral agreements

  • B. Prior written agreements

  • C. Both subsequent oral agreements and prior written agreements

  • D. Neither subsequent oral agreements nor prior written agreements

Explicação

Questão 16 de 35

1

Martin wrote Dall and offered to sell Dall a building for $200,000. The offer stated it would expire 30 days from April 1. Martin changed his mind and does not wish to be bound by his offer. If a legal dispute arises between the parties regarding whether there has been a valid acceptance of the offer, which one of the following is ?

Selecione uma das seguintes:

  • A. The offer cannot be legally withdrawn for the stated period of time.

  • B. The offer will not expire before the 30 days even if Martin sells the property to a third person and notifies Dall.

  • C. If Dall categorically rejects the offer on April 10, Dall cannot validly accept within the remaining stated period of time.

  • D. If Dall phoned Martin on May 3, and unequivocally accepted the offer, a contract would be created, provided that Dall had no notice of withdrawal of the offer

Explicação

Questão 17 de 35

1

If a buyer accepts an offer containing an immaterial unilateral mistake, the resulting contract will be:

Selecione uma das seguintes:

  • A. void as a matter of law.

  • B. void at the election of the buyer.

  • C. valid as to both parties.

  • D. voidable at the election of the seller.

Explicação

Questão 18 de 35

1

Egan, a minor, contracted with Baker to purchase Baker's used computer for $400. The computer was purchased for Egan's personal use. The agreement provided that Egan would pay $200 down on delivery and $200 thirty days later. Egan took delivery and paid the $200 down payment. Twenty days later, the computer was damaged seriously as a result of Egan's negligence. Five days after the damage occurred and one day after Egan reached the age of majority, Egan attempted to disaffirm the contract with Baker. Egan will:

Selecione uma das seguintes:

  • A. be able to disaffirm despite the fact that Egan was not a minor at the time of disaffirmance.

  • B. be able to disaffirm only if Egan does so in writing.

  • C. not be able to disaffirm because Egan had failed to pay the balance of the purchase price.

  • D. not be able to disaffirm because the computer was damaged as a result of Egan's negligence.

Explicação

Questão 19 de 35

1

Kram sent Fargo, a real estate broker, a signed offer to sell a specified parcel of land to Fargo for $250,000. Kram, an engineer, had inherited the land. On the same day that Kram's letter was received, Fargo telephoned Kram and accepted the offer. Which of the following statements is under the common law statute of frauds?

Selecione uma das seguintes:

  • A. No contract could be formed because Fargo's acceptance was oral.

  • B. No contract could be formed because Kram's letter was signed only by Kram.

  • C. A contract was formed and would be enforceable against both Kram and Fargo.

  • D. A contract was formed but would be enforceable only against Kram.

Explicação

Questão 20 de 35

1

Which of the following, if intentionally misstated by a seller to a buyer, would be considered a fraudulent inducement to make a contract?

Selecione uma das seguintes:

  • A. Nonexpert opinion

  • B. Appraised value

  • C. Prediction

  • D. Immaterial fact

Explicação

Questão 21 de 35

1

Opal offered, in writing, to sell Larkin a parcel of land for $300,000. If Opal dies, the offer will:

Selecione uma das seguintes:

  • A. terminate prior to Larkin’s acceptance only if Larkin received notice of Opal’s death.

  • B. remain open for a reasonable period of time after Opal’s death.

  • C. automatically terminate despite Larkin’s prior acceptance.

  • D. automatically terminate prior to Larkin’s acceptance.

Explicação

Questão 22 de 35

1

On February 12, Harris sent Fresno a written offer to purchase Fresno's land. The offer included the following provision: “Acceptance of this offer must be by registered or certified mail, received by Harris no later than February 18 by 5:00 p.m. CST.” On February 18, Fresno sent Harris a letter accepting the offer by private overnight delivery service. Harris received the letter on February 19. Which of the following statements is ?

Selecione uma das seguintes:

  • A. A contract was formed on February 19.

  • B. Fresno's letter constituted a counteroffer.

  • C. Fresno's use of the overnight delivery service was an effective form of acceptance.

  • D. A contract was formed on February 18 regardless of when Harris actually received Fresno's letter.

Explicação

Questão 23 de 35

1

Which of the following will be legally binding despite lack of consideration?

Selecione uma das seguintes:

  • A. An employer's promise to make a cash payment to a deceased employee's family in recognition of the employee's many years of service

  • B. A promise to donate money to a charity on which the charity relied in incurring large expenditures

  • C. A modification of a signed contract to purchase a parcel of land

  • D. A merchant's oral promise to keep an offer open for 60 days

Explicação

Questão 24 de 35

1

On September 10, Harris, Inc., a new car dealer, placed a newspaper advertisement stating that Harris would sell 10 cars at its showroom for a special discount only on September 12, 13, and 14. On September 12, King called Harris and expressed an interest in buying one of the advertised cars. King was told that five of the cars had been sold and to come to the showroom as soon as possible. On September 13, Harris made a televised announcement that the sale would end at 10:00 p.m. that night. King went to Harris’ showroom on September 14 and demanded the right to buy a car at the special discount. Harris had sold the 10 cars and refused King’s demand. King sued Harris for breach of contract. Harris’s best defense to King’s suit would be that Harris’s:

Selecione uma das seguintes:

  • A. offer was unenforceable.

  • B. advertisement was not an offer.

  • C. television announcement revoked the offer.

  • D. offer had not been accepted.

Explicação

Questão 25 de 35

1

On July 1, Silk, Inc., sent Blue a telegram offering to sell Blue a building for $80,000. In the telegram, Silk stated that it would give Blue 30 days to accept the offer. On July 15, Blue sent Silk a telegram that included the following statement: “The price for your building seems too high. Would you consider taking $75,000?” This telegram was received by Silk on July 16. On July 19, Tint made an offer to Silk to purchase the building for $82,000. Upon learning of Tint’s offer, Blue, on July 27, sent Silk a signed letter agreeing to purchase the building for $80,000. This letter was received by Silk on July 29. However, Silk now refuses to sell Blue the building. If Blue commences an action against Silk for breach of contract, Blue will:

Selecione uma das seguintes:

  • A. win, because Blue effectively accepted Silk’s offer of July 1.

  • B. win, because Silk was obligated to keep the offer open for the 30-day period.

  • C. lose, because Blue sent the July 15 telegram.

  • D. lose, because Blue used an unauthorized means of communication.

Explicação

Questão 26 de 35

1

If a person is induced to enter into a contract by another person because of the close relationship between the parties, the contract may be voidable under which of the following defenses?

Selecione uma das seguintes:

  • A. Fraud in the inducement

  • B. Unconscionability

  • C. Undue influence

  • D. Duress

Explicação

Questão 27 de 35

1

Pierce owed Duke $3,000. Pierce contracted with Lodge to paint Lodge's house and Lodge agreed to pay Duke $3,000 to satisfy Pierce's debt. Pierce painted Lodge's house, but Lodge did not pay Duke the $3,000. In a lawsuit by Duke against Pierce and Lodge, who will be liable to Duke?

Selecione uma das seguintes:

  • A. Pierce only

  • B. Lodge only

  • C. Both Pierce and Lodge

  • D. Neither Pierce nor Lodge

Explicação

Questão 28 de 35

1

All of the following are effective methods of ratifying a contract entered into by a minor, except:

Selecione uma das seguintes:

  • A. expressly ratifying the contract after reaching the age of majority.

  • B. failing to disaffirm the contract within a reasonable time after reaching the age of majority.

  • C. ratifying the contract before reaching the age of majority.

  • D. impliedly ratifying the contract after reaching the age of majority.

Explicação

Questão 29 de 35

1

On September 27, Summers sent Fox a letter offering to sell Fox a vacation home for $150,000. On October 2, Fox replied by mail agreeing to buy the home for $145,000. Summers did not reply to Fox. Do Fox and Summers have a binding contract?

Selecione uma das seguintes:

  • A. No, because Fox failed to sign and return Summers’s letter.

  • B. No, because Fox’s letter was a counteroffer.

  • C. Yes, because Summers’s offer was validly accepted.

  • D. Yes, because Summers’s silence is an implied acceptance of Fox’s letter.

Explicação

Questão 30 de 35

1

Long purchased a life insurance policy with Tempo Life Insurance Co. The policy named Long’s daughter as beneficiary. Six months after the policy was issued, Long died of a heart attack. Long had failed to disclose on the insurance application a known preexisting heart condition that caused the heart attack. Tempo refused to pay the death benefit to Long’s daughter. If Long’s daughter sues, Tempo will:

Selecione uma ou mais das seguintes:

  • A. win, because Long’s daughter is an incidental beneficiary.

  • B. win, because of Long’s failure to disclose the preexisting heart condition.

  • C. lose, because Long’s death was from natural causes.

  • D. lose, because Long’s daughter is a third-party donee beneficiary.

Explicação

Questão 31 de 35

1

In determining whether the consideration requirement to form a contract has been satisfied, the consideration exchanged by the parties to the contract must be:

Selecione uma das seguintes:

  • A. of approximately equal value.

  • B. legally sufficient.

  • C. exchanged simultaneously by the parties.

  • D. fair and reasonable under the circumstances.

Explicação

Questão 32 de 35

1

A building subcontractor submitted a bid for construction of a portion of a high-rise office building. The bid contained material computational errors. The general contractor accepted the bid with knowledge of the errors. Which of the following statements best represents the subcontractor's liability?

Selecione uma das seguintes:

  • A. Not liable because the contractor knew of the errors

  • B. Not liable because the errors were a result of gross negligence

  • C. Liable because the errors were unilateral

  • D. Liable because the errors were material

Explicação

Questão 33 de 35

1

Castle borrowed $5,000 from Nelson and executed and delivered to Nelson a promissory note for $5,000 due on April 30. On April 1, Castle offered, and Nelson accepted, $4,000 in full satisfaction of the note. On May 15, Nelson demanded that Castle pay the $1,000 balance on the note. Castle refused. If Nelson sued for the $1,000 balance, Castle would:

Selecione uma das seguintes:

  • A. win, because the acceptance by Nelson of the $4,000 constituted an accord and satisfaction.

  • B. win, because the debt was unliquidated.

  • C. lose, because the amount of the note was not in dispute.

  • D. lose, because no consideration was given to Nelson in exchange for accepting only $4,000.

Explicação

Questão 34 de 35

1

To prevail in a common-law action for innocent misrepresentation, the plaintiff must prove:

Selecione uma das seguintes:

  • A. the defendant made the false statements with a reckless disregard for the truth.

  • B. the misrepresentations were in writing.

  • C. the misrepresentations concerned material facts.

  • D. reliance on the misrepresentations was the only factor inducing the plaintiff to enter into the contract.

Explicação

Questão 35 de 35

1

What type of conduct generally will make a contract voidable?

Selecione uma das seguintes:

  • A. Fraud in the execution

  • B. Fraud in the inducement

  • C. Physical coercion

  • D. Contracting with a person under guardianship

Explicação