41. A contract between a business and a person who lacks the capacity to understand the nature and consequences of the contract may be considered:

a. vested

b. voidable

c. able to be terminated by the person lacking capacity

d. enforceable as to the business

e. all of the above

f. b, c, and d only

42. The term special damages in contract law refers to:

a. money owed for extra or special services given by one party

b. a writing requirement under the Statute of Frauds

c. an arms length agreement between two or more persons

d. an agreement to pay less than owed to two or more debtors

e. all of the above

f. none of the above

43. In deciding whether to enforce a non-compete clause in a business to business purchase agreement the Court will look at:

a. the length of the non-compete clause

b. the reasonableness of the non-compete clause

c. the geographic limits of the non-compete clause

d. whether there is a non-compete clause

e. all of the above

f. a - b -and c only

44. Agreements under the Statute of Frauds must:

a. be in writing

b. be for under $100.00

c. be on legal paper

d. be notarized

e. all of the above

f. a and d only

45. An illegal agreement is one that will not be enforced because it violates:

a. mirror reflection rule

b. statutory law

c. mutual rescission

d. discord and satisfaction

e. all of the above

46. The parole evidence rule related to contracts may refer to:

a. evidence needed to get people out of jail

b. oral agreements made before the final written agreement

c. written sentencing guidelines made by a Judge

d. all of the above

e. none of the above

47. If a business violates a revenue producing licensing statute, by not paying a required annual fee to the government, that business can:

a. never have a contract which a court will enforce

b. never enter into a contract

c. be charged with negligence

d. only make a verbal contract

e. none of the above

48. A novation in contract law means that:

a. a debt is completely erased

b. agreed upon settlement of a debt

c. the case is completely dropped as to any party

d. none of the above

49. A valid basis for terminating of a contract may be:

a. duress

b. fraud

c. not reading the contract

d. not negotiating the contract

e. all of the above

f. a and b only

50. Promissory estoppel is:

a. when a person includes in a written contract a binding term

b. when a person takes steps in furtherance of a contract

c. a legal theory to enforce the parole adhesion rule

d. all of the above

e. b and c only

51. Circulars, catalogs and newspaper advertisement are:

a. considered an offer

b. considered an invitation to bid or bargain

c. contracts with reserve

d. all of the above

e. none of the above

52. In a contract situation the common law requirement to agree to the exact language is referred to as:

a. mirror consent rule

b. acceptance rule

c. unilateral agreement rule

d. mailbox rule

e. none of the above

53. Which contract(s) is/are required to be in writing under the Statute of Frauds?

a. proposal asking someone to marry

b. contract for sale of any goods by merchant

c. an easement on real property

d. an agreement to lend any amount of money to a friend

e. all of the above

f. a and d only

54. The right to assign a contract can be prohibited in many ways, including:

a. forbidden by law

b. rights that are personal in nature

c. a prohibition in the contract

d. all of the above

e. a and c only

55. Accord and Satisfaction refers, in part, to a:

a. writing under the Parole Fraud Rule

b. writing involving an Anticipatory Novation

c. an agreed upon change in the amount of an original contract

d. all of the above

e. a and c

56. An expressed contract is one which

a. mostly involves an illegal activity

b. has not been fulfilled by both parties

c. has not been performed by one party

d. b and c only

e. a- b- and c

f. none of the above

57. A default judgment is best described as:

a. when one gets a good bargain for something

b. the inducement for one side to act

c. the material item that each side is trading

d. a theory for enforcing an agreement

e. none of the above

58. An Illusory Promise is one that:

a. is unenforceable at law

b. a person promises to evade the law

c. a person can cancel at any time

d. a promise where a person has a legal duty to act

e. all of the above

f. a and c only

59. The Court generally considers a promise that is made for a past action as:

a. a valid enforceable promise

b. a promise that can not usually be enforced

c. a liquidated contract

d. enforceable if the party has made such promise to a friend

e. all of the above

f. a - b and c

g. b- and d

60. Fraud in a contract situation may refer to a part of a contract that:

a. has contract of adhesion clause

b. contains a confessed procedural clause

c. was made under duress

d. none of the above

PLEASE ANSWER #41 through #60, thanks for your help