Question
A contract to sell pry bars (used to open locked doors) and screwdrivers to a buyer who intends to use them as burglar's tools will
A contract to sell pry bars (used to open locked doors) and screwdrivers to a buyer who intends to use them as burglar's tools will not be void as illegal in State X even if the seller knows of the buyer's unlawful intention before the sale. (Assume that the sale of pry bars and screwdrivers is legal in State X.)
True
False
4 points
QUESTION 12
Fred, age 21, couldn't decide if he wanted to go to college or trade school for plumbing. His Uncle Joe really wanted Fred to go to college because there were many college professors in their family history. Uncle Joe told Fred that if Fred would attend college for 9 months he (Uncle Joe) would pay Fred's 9 months of college tuition, and he would also pay to Fred $1,000 for each "A" grade that Fred earned in college. Fred agreed to the terms in writing, and went to college. Uncle Joe paid the tuition, and then waited to see Fred's grades in 9 months to determine the $1,000 grade bonus.
Right after the Fred-Uncle Joe deal, Fred's grandfather Zeke called Fred by phone and said he had learned of the offer Uncle Joe made to Fred. Grandfather said to Fred during his phone call that if Uncle Joe failed to pay Fred as promised, he (Grandfather) would pay Fred on behalf of Uncle Joe. Fred and his Grandfather orally agreed and said goodbye after the phone call.
Fred finished college, and earned "A" grades in three classes for a $3,000 bonus. But before he could pay Fred, Uncle Joe died, and left no money to pay Fred.
Fred will not be successful in trying to enforce his Grandfather's Zeke promise because:
(Choose the best available answer)A. The Grandfather-Fred contract was secondary and not primary and therefore it is not binding.
B. The Grandfather Zeke-Fred contract was oral.
C. Fred received 9 full months of free college tuition and education which was full consideration for Fred's efforts and the extra bonus for 'A' grades was not bargained for consideration and was an unenforceable gift.
D. The underlying contract Fred had made with Uncle Joe had become impossible to perform due to Uncle Joe's death, and so Grandfather Zeke has an Act of God defense to paying on it.
4 points
QUESTION 13
Fred placed signs in town stating he agrees to pay $100 to the first person who finds and brings back his lost dog. Fred's neighbor Joe does not see the signs but he sees Fred's dog nearby and brings the dog back to Fred.
The Statement: There is a valid unilateral contract because Fred promised to pay $100 and Joe acted to give the dog back and is therefore owed $100.True
False
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