1Contract elements include

amutual assent

bconsideration

ccapacity

dlegality

eall of the above

2Mutual assent is

aoffer and acceptance

bconsideration and capacity

ca and b

dnone of the above

3If the parties to a contract have agreed to break the law the contract is

avoidable

bunenforceable

cunlawful

dall of the above

4Effective covenants not to compete deal with

atime

bterritory

creasonableness under the circumstances

dall of the above

5Courts do not have the power to sever a contract between two parties and interpret the severed portions independent of each other.

Group of answer choices

True

False

6The purpose of an "integration clause" is to keep the court from going outside the "four corners" of the contract to interpret it.An integration clause generally states that the contract being signed is the entire contract (the full and complete expression of agreement between the parties), there are no other agreements, and any prior agreements or any statements leading to the signing of the agreement are of no force or effect.

Group of answer choices

True

False

7An assignee must give notice of an assignment before being entitled to the performance that was due the assignor.

Group of answer choices

True

False

8Leases ordinarily have provisions regarding assignments and subleasing.

Group of answer choices

True

False

9Judges cannot consolidate a series of contracts between the same parties when interpreting the contracts.

Group of answer choices

True

False

10.A third party beneficiary is identified in a contract and has standing to sue to enforce his rights under the contract.

Group of answer choices

True

False

11.Fraud can be material misrepresentation, concealment, constructive fraud, negligent misrepresentation or any other scheme or artifice intended to deceive.

Group of answer choices

True

False

12.A pharmaceutical company destroyed its own test results to avoid the need for warning labels and kept the results from the FDA that eventually approved the company's new wonder drug.Users of the drug suffered the side effects the concealed tests predicted.An injured user would have a cause of action for,inter alia, product liability.

Group of answer choices

True

False

13.Paulette, a parachute packer saw her ex-boyfriend at parachuting school and packed his chute.She made sure it would not open.If he dies she will be liable for negligence.

Group of answer choices

True

False

14.Negligence per se requires a violation of statute and a plaintiff from a protected class.

Group of answer choices

True

False

15.The elements of strict liability include injury caused by an abnormally dangerous activity, a wild animal or a defective product.

Group of answer choices

True

False

16.Consequential damages are a contract remedy available when the parties acknowledge in advance of making the contract that a failure to perform will lead directly to additional damages.

Group of answer choices

True

False

17.Contract damages can include compensatory damages and consequential damages, but not punitive damages.

Group of answer choices

True

False