1. Jessica faxed Nick a job offer that would remain open until December 31, 2003. Nick tried to accept the offer but because he was very busy, he did not mail the acceptance of the offer until January 3 2004. Under these facts . . .

a. Jessica will win because Nick's acceptance was not valid

b. Nick's acceptance will be valid because he had a good excuse for mailing his acceptance late and he was only late by a few days

c. Nick will win because Jessica's offer expiration date fell on a holiday

d. Jessica will win only because Nick mailed the acceptance back instead of fixing it.

2. Dave mailed Grohl an offer but changed his mind and later mailed Grohl a revocation. Before Grohl received the revocation, Grohl called Dave and tried to accept Dave's offer. Dave then tried to tell Grohl that Grohl's acceptance was no good because he had already mailed Grohl a revocation letter. Grohl later received the revocation letter the next day. If Grohl sues Dave for breach of contract, who will win and why?

a. Dave will win because nothing in the facts shows that Grohl had begun to perform before Dave's attempt to revoke

b. Grohl will win because he accepted the offer before the revocation was received

c. Dave will win because he mailed the revocation letter before any attempt by Grohl to accept

d. Grohl will win because Dave has made an irrevocable firm offer

3. Which of the following is true?

a. An offer that is silent about its duration never expires

b. An offer that is silent about its duration always expires in 3 days.

c. An unaccepted offer may not be revoked unless the offeree agrees to the revocation

d. None of these are true

4. An ad lists the price of the new Justin Timberfake CDs for $1.00. Which of the following is true?

a. none of these

b. the store is the offeror

c. charging $ 1 for the Timberfake CD is outrageous and unconscionable

d. the people responding to the ad are the offerors

5. Adam orders 100 19-inch color television sets from Ben, and requests prompt shipment of the goods. Ben promptly ships Adam 100 21-inch color TVs. but does not tell Adam that he is shippingnonconforming goods as an accommodation. In this case:

a. There is no acceptance because B's shipment materially differed from the terms of the offer

b. By shipping the nonconforming TVs, B has made a counter-offer which A can accept or reject.

c. There is a good acceptance, and A is bound to pay the reasonable value of the 21-inch TVs

d. There is a good acceptance, but B has breached the contract by shipping nonconforming TVs

6. Raj went to the Napa Valley Harvest Festival, where he stopped at Tina's booth where she was selling paintings of vineyards. Raj admired a painting of vineyards, which did not appear to be for sale. Raj said to Tina, "I will give you $200 if you give me that painting right now." Tina gave Raj the painting, and Raj gave her $200 in cash. This is an example of a contract that is:

a. Bilateral and executory

b. Bilateral and executed

c. Unilateral and executed

d. Unilateral and executory

7. Edna, who runs a flower shop, sells Jim a shotgun. Jim is unemployed, and Edna has never before sold a firearm in her life. Which of the following is true?

a. Article 2 of the UCC applies because Edna is a merchant.

b. Article 2 of the UCC applies because a shotgun is a movable thing

c. Article 2 of the UCC does not apply because Edna is not a merchant with respect to shotguns

d. Article 2 of the UCC does not apply because Jim is not a merchant

8. Kelly & Slater made an offer to buy 100 surfboards from Surf's Up. Surf's Up instead shipped Kelly & Slater 100 skateboards. On these facts, Surf's Up has . . .

a. Accepted Kelly & Slater's offer and also breached the contract

b. Rejected Kelly & Slater's offer and modified the terms of the contract

c. Made Kelly & Slater a counteroffer which Kelly & Slater can accept or reject

d. Taken an action which has no legal significance because it did not mirror the terms of Kelly & Slater's offer

9. On May 14^th, Christina mailed Britney an offer, which was "good until May 24th." Britney mailed Christina an acceptance on May 18th. In this case...

a. There is no contract if Christina calls Britney on May 19th and tries to revoke the offer

b. There is a contract even if Christina does not receive Britney's acceptance

c. There is a contract only if Christina receives the acceptance before May 24th

d. There is a contract even if Christina called Britney on May 17th and revoked the offer

10. Chris agreed to build a barn on Tom`s ranch. By mistake, Chris built the barn on Brad's property. Because Brad was not there, Brad did not know about the construction- Chris was unable to collect from Tom and has demanded payment from Brad.

a. Brad will win, regardless of what theory Chris uses

b. Chris can collect from Brad under quasi-contract

c. Chris will win if he sues Tom for breach of contract

d. Chris can collect from Brad by suing for breach of contract

11. Article 2 of the UCC applies...

a. only to contracts for services

b. none of these

c. to contracts for the sale of goods

d. only to contracts between merchants

12. Homer promised that he would pay Bart $1,000 if Bart could eat 50 donuts. Bart responds by eating all 50 donuts but Homer refused to pay. The contract between Homer and Bart is ....

a. bilateral, valid and executory

b. unilateral, implied and voidable

c. bilateral, express and void

d. unilateral, executory, and express

13. Which of the following is true?

a. quasi-contract is only used in UCC cases

b. the remedy for quasi-contract is the reasonable value of the benefit given

c. all of these

d. quasi-contract applies only when one party relied on a promise made by the other party

14. The UCC will apply to ....

a. a contract for the sale of surfboards

b. all of these

c. a contract involving mostly services

d. a contract for cleaning a house

15. Which of the following is an exception to the consideration requirement?

a. Promises to pay debts whose enforcement is barred by the statute of limitations

b. All of these

c. Promissory Estoppel

d. Charitable subscriptions

16. Matt promised to pay Cameron $5,000 ''in appreciation for his eight years of past employment." Matt later changed his mind and refused to pay Cameron the money. Cameron sues Matt. Who should win?

a. Matt, because the facts reveal neither consideration for his promise nor a basis for promissory estoppel.

b. Matt, because Cameron did not act in good faith when he sued Matt.

c. Cameron, because Matt's promise was in writing.

d. Cameron, because his eight years of service to Matt is consideration for Matt' s promise.

17. In a contract between Ozzy (a retailer) and Zack (a manufacturer of rubber bats), Zack gave Ozzy the sole right to distribute its bats. Which of the following statements is true?

a. The contract is illusory because of the indefinite stated number of rubber bats.

b. If Ozzy later makes absolutely no effort to sell Zack's bats, Ozzy will still not have violated the contract.

c. Regardless of whether the agreement specifically says so, Zack must use its best efforts to keep Ozzy adequately supplied with bats.

d. The agreement is a Firm offer contract.

18. On May 1, Ricky agrees to install a concrete driveway at Lucy's house by May 30, in exchange for Lucy's promise to pay $2,300 upon completion of the work. Which of the following statements is true?

a. Ricky can break his contract with Lucy to accept a better paying job because Lucy has not given consideration for Ricky's promise to install the driveway until she pays the $2,300.

b. Lucy can hire someone else to do the job without any liability to Ricky if Ricky hasn't completed the job, because until then Ricky has not given any consideration for Lucy's promise.

c. Both Lucy and Ricky have given consideration for the other's promise; therefore, neither can refuse to perform without breaching the contract.

d. If Lucy later learns that other companies would have done the job for slightly less, she can cancel the contract based on inadequate consideration.

19. Ms. Moneybags promised her son $1,000,000 because he had been a good kid. The son quit his high paying job, sold his house at a big loss, bought a couple of surfboards, and moved to Tahiti. Moneybags doesn't pay. On these facts. . .

a. The son cannot win if the mom's promise was not in writing.

b. Quasi-contract is the son's best theory for recovery.

c. Promissory estoppel is the son's best theory for recovery.

d. The son should win because Ms. Moneybags is rich.

20. D owes C a debt the amount of which is subject to a good faith dispute. The parties agree to settle the debt, with D promising to pay C $ 1500 and C promising to release D on the $2500 debt. The settlement agreement:

a. Is binding under UCC even though there is no consideration.

b. Is supported by consideration.

c. Lacks consideration because C is not giving D any legal value.

d. Lacks consideration because D is promising to perform a preexisting legal obligation.

21. Under the "Battle of the Forms", if both parties are merchants, the different or additional terms become part of the contract unless . . .

a. All of these

b. the offeror objects to the additional terms within a reasonable amount of time after receiving the acceptance

c. the offer expressly limited acceptance to its terms

d. the additional terms materially alter the offer

22. Vince made an offer to Neil that Neil rejected. Neil later made Vince a counteroffer that Vince rejected. Neil then tried to accept Vince's original offer but Vince told Neil that it was too late. Neil sues Vince. On these facts, the court should rule in favor of . . .

a. None of these

b. Neil, because he later accepted Vince's offer.

c. Neil, because Vince must deal in good faith

d. Vince, because he could terminate his offer once Neil rejected it

23. Which of the following is true?

a. if a mailed offer says nothing about how to accept, only a mailed acceptance is good.

b. if an offer says that the offeree "may respond by mail," a mailed acceptance is good upon receipt

c. under the modern trend and the UCC, when an "acceptance" contains only very minor variations from the offer, the acceptance is valid

d. when an offeree's form acceptance to a form offer for the sale of goods contains different items from those in the offer, the acceptance is never enforceable