Question
1- Which of the following are exceptions to the parol evidence rule? A. partial performance B. usage of trade C. contracts containing ambiguous terms D.
1- Which of the following are exceptions to the parol evidence rule?
A. | partial performance | |
B. | usage of trade | |
C. | contracts containing ambiguous terms | |
D. | all of the above |
2- The "mirror image" rule
A. | allows an acceptance to vary the terms of the offer | |
B. | must be unequivocal | |
C. | must precisely mirror the offer | |
D. | B & C above |
3- A rejection of an offer, to be effective, must be
A. | delivered in person by the offeree | |
B. | placed in the mail | |
C. | received by the offeror | |
D. | received by the offeree |
4- An ambiguous term in a contract will always be
A. | interpreted against the party who drafted it. | |
B. | ignored. | |
C. | interpreted any way a court wants to. | |
D. | none of the above. |
5- Which of the following will a court take into consideration to interpret a contract?
A. | Objective theory of contracts. | |
B. | "Plain language" rule. | |
C. | The parties' interpretation. | |
D. | A & B above |
6- Which of the following constitutes valid consideration?
A. | a promise to do something the promisee is not obligated to do | |
B. | a promise of a gift | |
C. | performing a preexisting duty | |
D. | all of the above |
7- Dave promised Bill to pay him $150.00 to paint his apartment. After the job was completed, Dave promised Bill an additional $75.00 for his excellent job. This promise is
- Enforceable
- unenforceable because it is not in writing
- an unliquidated debt
- unenforceable because it was a promise made in exchange for an action that has already taken place
8- Failure of consideration includes
A. | illusory promise | |
B. | gratuitous promise | |
C. | past consideration | |
D. | all of the above |
9- A promise not to do something one is legally allowed to do
A. | is valid consideration. | |
B. | is not valid consideration | |
C. | is promissory estoppel. | |
D. | None of the above |
10-Mary and Joe enter into an implied-in-fact contract. The parties' conduct
A. | defines the contract's terms | |
B. | finds the contract's facts | |
C. | terminates any unintended consequences | |
D. | all of the above |
11- An accord and satisfaction will
A. | Always discharge a contract | |
B. | never discharge a contract | |
C. | Only modify a contract | |
D. | Rescind the contract |
12- Restrictive covenants in employment contracts will
A. | Always be enforceable | |
B. | Never be enforceable | |
C. | Be enforceable only if reasonable | |
D. | None of the above |
13- An offer may be revoked any time prior to acceptance without consequence unless
A. | The offeror promises not to revoke it | |
B. | There is an option contract concerning the offer | |
C. | The offer is in writing | |
D. | All of the above |
14- In order for an offer to be effective, it must be communicated to the offeree. True False
15- One's subjective interpretation of a contract will not be taken into consideration by a court. True False
16-There is never a remedy available if there is no contract. True False
17- Generally, the "plain language" rule is used to interpret contracts. True False
18- A contract where one party does not have an opportunity to negotiate the terms of it is called an adhesion contract. True False
19-Promissory estoppel is a remedy at law. True False
20- Generally, courts do not consider the adequacy of consideration. True False
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