Question
Barbara and the bank signed a contract in which they agreed that the bank would loan $100,000.00 to Barbara to buy a car. She would
Barbara and the bank signed a contract in which they agreed that the bank would loan $100,000.00 to Barbara to buy a car. She would then repay the loan by making monthly payments of $2,500.00 for 50 months. After 2 years of Barbara's making payments, she and the bank agreed that Barbara could sell her car to Dorothy who agreed to make all of the remaining payments which the bank accepted. This is an example of:
| A. | A novation. |
| B. | An accord and satisfaction. |
| C. | A void contract. |
| D. | A voidable contract. |
Louis and Greg entered into an oral contract whereby Louis would transfer real estate he owned in Long Beach to Greg. In exchange, Greg agreed to pay$300,000.00 to Louis. Two days later, Louis received an offer from Ken to buy the real estate for $500,00.00 (the real fair market value). Louis then claimed that his contract with Greg was unenforceable since there was insufficient consideration by Greg and the contract had to be in writing. Which of the following is the best description of Louis's claim as to his contract with Greg?
| A. | The contract had consideration because Greg agreed to pay$300,000.00 for Louis's real estate and the contract had been fully performed because there was nothing left to be negotiated. |
| B. | The contract was void because it was not in writing. |
| C. | The contract did not have consideration because $300,000.00 is unreasonable given the fair market value of the real estate and was obviously made by mistake. |
| D. | The contract did have consideration but was voidable as an oral contract because Louis had not fully performed
|
Which of the following is the best description of special damages?
| A. | Damages which are calculated as the difference between the value of a contract and the value (if any) of the defendant's performance of the contract. |
| B. | Quality of life damages in a contract case. |
| C. | Easily-documented damages in a tort case. |
| D. | Damages which are calculated based on financial losses that are caused by the defendant's breach of contract. |
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