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brick products, inc., files a suit against city trucking service for breach of contract, based on what brick claims was city039s offer. for a court to determine if a contract has been breached, under the common law, the offer must include terms that arebr a. exactly b. reasonably c. unequivocally d. vague or br br ____ 21. quick transport, inc., offers to sell a truckload of palettes to rapid delivery company. before accepting the offer, rapid learns that the palettes have been sold to speedy trucking corporation. quick isbr a. liable to rapid for breach of b. liable to speedy for breach of c. not liable, because the sale revoked the offer to d. not liable, if quick offers substitute goods to br br ____ 22. callie owns two trucks. she offers to sell the dodge for $20,000 to evan, who accepts. she offers to sell the ford for $20,000 to gwen, who says, ampquottoo much.ampquot callie039s offer was terminated bybr a. evan and b. evan c. gwen d. neither evan nor br br ____ 23. new cell phone company offers to buy a laser printer, with a case of paper and an extra cartridge, from office products, inc. (opi), for $200. paul, opi039s representative, says, ampquotokay, but no paper and no extra cartridge.ampquot paul hasbr a. accepted the b. made a counteroffer without rejecting the c. rejected the offer and made a d. rejected the offer without making a br applied methods corporation promises to give stock options to brad, a production designer, for processes he has already designed. this promise isbr a. enforceable because it is a new b. enforceable because it is an illusory c. enforceable because it is supported by past d. br br ____ 26. todos ltd. agrees to supply united steel, inc., with minerals from venezuela. when the government is unexpectedly overthrown in a revolution, todos can obtain the goods only at a much higher price. united agrees to pay but later files a suit to recover the difference. the court will most likely rule thatbr a. a change in government is a risk ordinarily assumed in b. an unforeseen difficulty supported the contract modification c. todos engaged in extortion or the so-called holdup d. todos had a preexisting duty to supply the goods at the initial br br fact pattern 12-1bbr sal contracts with tasty pizza company to deliver its products. both parties change their minds, however, and inform each other that they would like to cancel the br ____ 27. refer to fact pattern 12-1b. the next day, sal changes her mind and again offers to deliver tasty039s products. tasty is willing to deal, but for a new price. sal and tastybr a. may agree to a new contract, but it cannot include a new b. may agree to a new contract that includes the new c. must perform their original d. must perform the part of their original contract that is br br ____ 28. speedy assembly company promises its employees a 10-percent raise at the end of the year if productivity has increased and management feels it is warranted. speedy mustbr a. do b. give the employees a 10-percent raise only at the end of the c. give the employees a 10-percent raise only if productivity d. give the employees a 10-percent raise under any br br ____ 29. george and holly disagree as to the exact amount one owes the other. they form a new agreement that, on fulfillment, will discharge the prior obligation. this isbr a. a covenant not to b. an accord and c. a d. promissory br br fact pattern 12-2bbr dag and enita are in an auto accident. dag offers b $2,000 if enita promises not to pursue her potential legal claim against dag. enita agrees. later, enita discovers that it will cost $1,500 to repair her car and $4,000 to cover the medical expenses for a latent br ____ 30. refer to fact pattern 12-2b. in enita039s suit against dag to recover her repair and medical expenses, enita will most likely recoverbr a. half the amount to pay those costs over what dag already paid b. c. the estimated amount to pay those costs and any other d. the exact amount to pay those costs and no br br ____ 31. ann, an emergency medical technician, renders medical care to brad, a minor. under the ruling of the court in case 13.1, yale diagnostic radiology v. estate of harun, ann may recover the cost frombr a. brad b. brad or brad039s c. brad039s parent d. no br br ____ 32. mica, a minor, signs a contract to pay natural health club a monthly fee for twenty-four months to use its facilities. six months later, after reaching the age of majority, mica continues to use the club. this act isbr a. a b. an c. a d. a br br ____ 33. u-can-own-it corporation sells appliances to less educated consumers, including viv, on installment plans. u-can-own-it files a suit against viv when she stops making payments. viv claims that the deal is unconscionable. the court will most likely considerbr a. the geographic area of the relevant b. the parties039 relative bargaining c. the quality of related products in the general d. the relation of this deal to those of other br br ____ 34. boz runs an illegal gambling business and pays colin, a law enforcement officer, not to interfere. the payments are discovered. boz and colin are sent to prison. with respect to the amount of the payments, boz can recoverbr a. all of b. none of c. only as much as colin has not d. only as much as colin has br br ____ 35. harold believes his old baseball bat has little value, but murray is convinced it is a valuable collector039s item. harold sells it to murray for $100 before learning it is worth $1,000. the contractbr a. may be rescinded because a mutual mistake was b. may serve as the basis for a court order to murray to return the c. may be rescinded because murray used superior knowledge about the bat to take advantage of d. will not be canceled because the mistake relates to the value of the br 40. theo and uma orally agree on the sale of theo039s fitness center to uma and note the terms on a sheet of the center039s stationery, which includes the center039s letterhead but which neither party signs. this agreement is most likely enforceable againstbr a. neither theo nor b. theo and c. theo d. uma br br ____ 41. commercial shipping, inc., and dock services corporation enter into a contract for dock to load commercial039s trucks for which commercial agrees to pay dock. dock transfers its duty to load the trucks to east harbor transport company. dock isbr a. a b. an c. a d. a br fact pattern 16-1bbr bayside construction company enters into a contract with clio to remodel dewey039s home store, using products from eagle building supplies. fresh food cafe is next to dewey039s home store. the remodeling is a gift from ben to br ____ 43. refer to fact pattern 16-1b. dewey isbr a. a b. an c. an incidental d. an intended br br ____ 44. candy enters into a contract to pay dino for a business survey and review of candy039s competitors, which dino agrees to deliver by july 1. candy039s offer, on the specified date, to pay dino isbr a. b. c. d. br building restoration, inc. (bri), enters into a contract to refurbish an old train depot for casual dining, inc., to open as eat up restaurant. if bri completes most of the work promised in the contract, its performance will bebr a. b. c. d. br br ____ 47. super toolmakers, inc., contracts to sell its business to true hardware corporation. before either party has performed, rescission of this contract requiresbr a. a mutual agreement to b. c. performance by all of the d. none of the br br ____ 48. flo agrees to work as gary039s personal accountant for one year but dies in the sixth month of the contract. flo039s estatebr a. is discharged from any contractual b. must find a competent accountant to fulfill the c. must pay liquidated d. must refund any money paid to flo on the br br ____ 49. handy hardware store agrees to hire ilsa for one year at a salary of $500 per week. when handy cancels the contract, ilsa spends $100 to obtain a similar job that pays $450 per week for a year. ilsa is entitled to recoverbr a. the amount of the wages that handy promised b. the difference between the wages at the two jobs c. the difference between the wages at the two jobs plus $ d. $100 br ____ 50. beachside pools, inc., agrees to build a swimming pool for candy, but fails to build it according to the contract specifications. candy hires do-we fix-it company to finish the project. candy may recover from beachsidebr a. the contract price less costs of materials and b. the contract c. the costs needed to complete d. profits plus the costs incurred up to the time of the br br fact pattern 18-1bbr a enters into a contract to buy 132 acres from b to subdivide and sell in quarter-acre lots for c acres, a residential br ____ 51. refer to fact pattern 18-1b. if b breaches the contract, a039s remedy would most likely bebr a. a certain ratio of the amount that a has in liquid b. a percentage of a039s unrealized c. the difference between the land039s contract and market d. specific br 53. a enters into a contract with b to provide surface material for a039s tennis courts by april 1 for a tournament to begin may 1. the contract specifies an amount to be paid if the contract is breached. this is a liquidated damages clause if the amount isbr a. an excessive estimate of the loss on a b. a reasonable estimate of the loss on a c. designed to penalize the breaching d. intended to quickly provide cash to the nonbreaching br br ____ 54. for petra to recover the benefit of her bargain from a breached real estate contract with quality properties, inc., the most appropriate remedy isbr a. b. quasi-contractual c. d. specific br br ____ 55. a contract between e-debits, inc., and first credit corporation includes a provision excluding liability as a result of fraud. this provision isbr a. enforceable because the parties are protected from b. enforceable because the parties consented to c. enforceable if the parties have equal bargaining d. not br ____ 56. focal point company, a web site management firm, enters into a contract over the internet with global travel, an online travel agent, to buy airline tickets for a business trip for hu, a focal point employee. this is an e-contract becausebr a. the contract was entered into over the b. the contract was formed c. the buyer is involved in a web-related d. the seller is involved in business br br br ____ 57. unique sales corporation and virtual purchasing, inc., attempt to enter into a contract with the use of e-signatures. among states that have e-signature laws, the laws arebr a. b. c. d. none of the br br ____ 58. no limit corporation, an online retail sales merchant, and ollie, a consumer, make a deal over the internet that involves e-signatures. under the e-sign act, for the e-signatures to be enforceablebr a. both parties must have agreed to use b. neither party must have agreed to use c. only the consumer must have agreed to use an d. only the merchant must have agreed to use an br br ____ 59. excel sales corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. the ueta applies, if at all, only to those transactions in which the parties agree to usebr a. e-commerce b. e-commerce or traditional c. neither e-commerce nor traditional d. traditional commerce br br ____ 60. jaime and kip, consumers, transact a deal over the internet. their contract does not mention the ueta. the ueta coversbr a. none of the b. only the part of the contract that involves computer c. only the part of the contract that does not involve computer d. the entire br br ____ 61. faye owns the land on which golden spurs ranch is situated, plus the ranch house, barn, and other structures permanently attached to the land. faye039s brother huey owns everything else in the ranch039s operation--livestock, feed, and so on. the personal property is owned bybr a. faye and b. faye c. golden spurs d. huey br 63. grain from harvest farms is wrongfully commingled with grain from idyllic fields, which obtains possession of all of the grain. this isbr a. a b. c. d. br br ____ 64. roy leaves his pick-up truck at sam039s auto service for an oil change. this is a bailment forbr a. neither party039s b. the parties039 mutual c. the sole benefit of the d. the sole benefit of the br div

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