Question
4). An adhesion contract is one Group of answer choices A).in which the parties are of very unequal bargaining power. B).drafted by the party with
4). An adhesion contract is one
Group of answer choices
A).in which the parties are of very unequal bargaining power.
B).drafted by the party with the greater power.
C).presented with no opportunity to negotiate.
D).all of the above are required.
E).a and b.
NOT E!!
8). Assignment is usually possible unless
Group of answer choices
A).the contract itself prohibits it.
B).the contract involves personal services.
C).the assignment will materially alter the duties of the obligor.
D).all of the above.
E).a and c.
NOT E!!
10). In order for a court to enforce a covenant not to compete,
Group of answer choices
A).it must be part of an employment contract or tied to the sale of a business.
B).its terms must last for a reasonable time.
C).its terms must cover a reasonable geographic area.
D).all of the above.
E).b and c.
NOT E!!
11).In regards to good faith, the UCC requires that
Group of answer choices
A).everyone act in good faith, defined as honesty in fact.
B).everyone act in good faith, defined as honesty in fact, and that in addition merchants observe reasonable commercial standards of fair dealing in the trade.
C).everyone act in good faith, defined as honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
D).everyone be tested by a reasonable person standard.
NOT C!!
13).In which of the following examples would specific performance be appropriate?
Group of answer choices
A).to enforce the sale of land.
B).to require an opera singer to keep her commitment to perform on a specific night.
C).to order a car dealer to sell a new model car to the buyer.
D).to enforce a contract for the purchase of 25 chain saws.
NOT B!!
17).To be definite and enforceable, under the common law, an offer must contain information on at least
Group of answer choices
A).the parties, the price, the place of performance, and the time for performance.
B).the parties, the subject matter of the contract, the price, the place of performance, and the time for performance.
C).the parties, the price, and the time for performance.
D).the parties, the subject matter of the contract, the price, and the time for performance.
NOT A!!
18).To be valid a UCC merchant's firm offer must
Group of answer choices
A).be made by a merchant and assure the buyer the offer will remain open for a specific period of time.
B).be made by a merchant, in a signed writing, that assures the buyer the offer will remain open for a specific period of time, and be supported by consideration.
C).be made by a merchant, assure the buyer the offer will remain open for a specific period of time, and be supported by consideration.
D).be made by a merchant, in a signed writing, that assures the buyer the offer will remain open for a specific period of time.
NOT C!!
21).Under the Uniform Commercial Code, the perfect tender rule states that if the seller
Group of answer choices
A).materially breached the contract, the buyer is free to reject the goods.
B).fails to confirm to the terms of the contract in any respect, the buyer is free to reject the goods.
C).Fails to confirm to the terms of the contract in any respect, the buyer is free to reject the goods or accept the goods.
D).fails to conform to the terms of the contract in any respect, the buyer is free to reject the goods, accept the goods, or accept part and reject part.
NOT B!!
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