Please answer those questions

The common law governs contracts for: a. services. b. real estate. c. employment. d. All of the above. When Myrtle comes home from work one evening, she nds that her yard has been mowed and trimmed. Later, a man comes to collect for the yard work done. Myrtle refuses to pay for the work since she has never seen the man before and did not hire him to do her yard work. Which of the following answers is most accurate? a. This is an implied, unilateral contract and she must pay the price requested by the man. b. This is an express, voidable contract that either party may avoid. c. The court would order Myrtle to pay the reasonable value of the yard work because of the benet conferred on her. d. Myrtle would not have to pay for the yard work. What is n_ot required to establish promissory estoppel? a. A promise made by the defendant. b. A promise made by the plaintiff in response to the defendant's promise. c. Reliance on the defendant's promise. d. Enforcing the promise is the only way to avoid injustice. Sources (binding authority and persuasive authority) of contract law include all EXCEPT: a. state common law. b. the Uniform Commercial Code. c. the Restatement (Second) of Contracts. d. federal common law. Which of the following is n_ot required under quasi-contract? a. The plaintiff provided a benefit to the defendant. b. The plaintiff expected to be paid. c. The defendant acknowledges the obligation. d. The defendant had an opportunity to reject the benefit, but failed to do so. Walter enters a dentist ofce, points to a damaged tooth, and asks the dentist, Matt, to x it. The two do not discuss a price, and Matt treats the tooth. Matt sends Walter a bill for $2000. If Walter refused to pay and Matt sued: a. Walter would win as there was no contract. b. Walter would win because of the UCC. c. Walter would win as there was no offer by Matt to x the tooth for $2000, and Walter did not accept it. d. Matt would win under a quasi-contract claim provided that the price was reasonable for the service provided. Jennifer has offered to sell her computer for $1750 to Jack. She tells Jack that the computer is only six months old but, in fact, the computer is three years old, and Jennifer wants to unload the lemon. Jack agrees to buy the computer based on Jennifer's representations. This contract is: a void agreement because of the fraud involved. a voidable contract, one that Jack can void. a voidable contract, one that Jennifer can void. a void contract because of the UCC. P-PP'P' 10. 11. 12. 13. 14. Which of the following types of property would be goods under the Uniform Commercial Code? a. A promissory note. b. A stock. 0. A patent. d. A computer. Regency Construction placed an order for two hundred 2 x 45 from Lumber Jack. If the place of delivery and time for shipping the goods are not specied, the UCC provides: a. the place of delivery is Lumber Jack's and the time for delivering the lumber is a reasonable time based on normal trade practice. b. the place of delivery is Regency Construction and the time for shipping is within 30 days. c. the place of delivery is Lumber Jack's and the time for delivering the lumber is within 30 days. d. there is no contract because having more than one open term made the offer too indenite. Floyd offers to sell his 1967 Ford Mustang convertible to Manny. Before Manny accepts the offer, Floyd dies. Which of the following is true? a. Floyd's heirs must sell the car to Manny. b. Floyd's heirs must continue to negotiate with Manny. c. The offer terminates automatically upon Floyd's death. d. There is a contract if Manny accepts by mail before learning of Floyd's death. If an offer species no time limit in which to accept: a. the offeree has 30 days to respond. b. the offeree has 10 days to respond. c. the offer is not valid and therefore it does not matter when the offeree responds. d. the offeree has a reasonable period during which to accept. Zero, Inc. agreed to build Millie a storage building for $8,000. After beginning the project, Zero realized that it could not complete the job and make a prot. Zero demanded $9,500 to complete the building. Millie agreed to pay the $9,500. When the project was complete, Millie tendered $8,000 to Zero for the job. If Zero sues Millie for the remaining $1,500: a. Zero will win because there was consideration for the additional $1,500. b. Zero will win because Millie had a pre-existing duty to pay any additional amounts. 0. Zero will lose because there was no legal consideration to support the additional $1,500. (1. Zero will lose because the UCC does not require consideration to modify an existing contract. Police Ofcer Paul apprehends a wanted criminal and then demands the $10,000 reward offered by Crime Stoppers. Which of the following statements is true? a. Police Ofcer Paul is not entitled to the reward because past consideration is never valid consideration. b. Police Ofcer Paul is entitled to the reward because he puts his life on the line every day. c. Police Ofcer Paul is not entitled to the reward because he was under a pre-existing duty to make the arrest. d. Police Ofcer Paul is not entitled to the reward but may have an argument under promissory estoppel. Walter worked nights as a clerk in a fast-food store. On his last work shift, Walter's boss told him, "I'm really grateful for the year that you have worked here. I am going to give you a bonus of $1,000 in your last paychec ." When Walter got his last paycheck, there was no bonus. If Walter sues, the likely result will be: a. Walter will win, as the promise is enforceable. b. Walter will lose, as he gave no consideration. c. Walter will lose unless the promise was in writing. d. Walter will win, as no consideration is required to modify an employment contract. 15. 16. 17. 18. 19. 20. 21. If Becky promises not to drink alcohol until she becomes a legal adult in exchange for Ben's promise of $1,000, the agreement is: a. enforceable because Becky is giving up the right to do something she would otherwise be entitled to do. b. enforceable because the agreement accomplishes Ben's goal of keeping Becky from drinking. c. not enforceable because Becky does not have a legal right to drink alcohol. d. not enforceable because Becky is a minor and could disafrm the contract. Which of the following exculpatory clauses will most likely be enforceable? An exculpatory clause that relieves a riding stable of negligence. An exculpatory clause that relieves a riding stable of gross negligence. An exculpatory clause that relieves a riding stable from intentional torts. A riding stable's exculpatory clause that is hidden in an eight-page document that all riders are required to sign. P-S'P'P' Mark works as a bartender at The Little Nipper, a local bar. Under state law, bartenders are required to be licensed. The licensing requires lling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Little Nipper sues. What result? a. Since this is an illegal contract, the courts will not enforce it. b. Since Mark violated a regulatory statute, the contract is unenforceable. c. Since this is a revenue-raising statute, The Little Nipper wins. (1. Since this is a revenue-raising statute, the licensing law is unconstitutional. Craig wins. In bailment cases, exculpatory clauses: a. are very rarely used. b. are somewhat more likely to be enforced than in other types of cases. c. ordinarily involve an attempt to limit liability for damage to persons rather than property. d. None of the above. In California, a noncompete clause restricting an employee from being able to switch jobs to a competitor is likely to be: a. Unenforceable b. Absolutely enforceable c. Enforceable so long as due process is provided. d. Enforceable so long as it meets the former employee's business objectives. Matty, a 16-year-old, contracts with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle. Marty agrees to make monthly payments until the purchase price plus interest are paid in full. Two months have passed. Which of the following is correct? a. The contract is voidable by Marty. b. The contract is void as soon as it is made. c. The contract is voidable by Cream-of-the-Crop Cycles. d. The contract is voidable by either Marty or Cream-of-the-Crop Cycles. When a party to a contract makes a unilateral mistake, the contract: a. generally can be rescinded by the mistaken party. b. is void. c. can be rescinded by either party. d. generally cannot be rescinded by the mistaken party unless the contract is unconscionable or it is proven that the non-mistaken party knew of the error. 22. 23. 24. 25. 26. 27. 28. For statute of frauds purposes, an interest in land includes: a. a house. b. a real estate mortgage. c. an easement. d. All of the above. Which of the following promises ordinarily must be in writing to be enforceable? a. Promises made as a part of a prenuptial agreement. b. The agreement to sell of a car for $1500. c. The promise by an executor of an estate to pay a debt of the decedent. d. All of the above. Robert hired James, a CPA, to prepare his tax returns. James was too busy and delegated the work to Sara, also a CPA. This delegation is: a. enforceable, as Sara is also a CPA. b. enforceable, as there was no expectation James would do the work. c. not enforceable, as Robert hired James to perform personal services. d. not enforceable, as this violates public policy. Whether a third party is a third-party beneciary is determined by: a. the type of contract. b. whether the third party gave consideration. c. the reasonable expectations of the third party. (1. the intent of the contracting parties. Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000. Nothing in the contract itself prohibits a delegation. lfJohann delegates his obligation to Eugene, a second-year musical student and enthusiastic guitar player, then the delegation will probably be: a. permitted because contracts may be freely delegated. b. permitted because the contract is just for music lessons. c. prohibited because Johann and Eugene have very different skill levels. (1. prohibited by the UCC. Linda assigns to Ben a right to receive rent payments. The law implies the following warranty on Linda's part: a. the tenant is solvent. b. Linda actually has a right to the rental payments. c. the tenant will actually pay. (1. No warranties are implied by law in an assignment. Jeremiah owns a fish restaurant that he sells to Rhonda. Rhonda insists that Jerimiah agree to a non- compete clause. What is required for the non-compete clause to be legally enforceable? It must impose a good faith obligation for Jerimiah to not compete with Rhonda. It must satisfy the business necessity test. It must be absolutely required by law. It must be reasonable in scope, time period, and geographic area. 999'!\" 29. A property management company enters into a contract for Paint Co. to re-paint the exterior walls of a townhouse complex, including all the walls of all buildings and fencing. Paint Co. paints the walls of the complex, but failed to paint the back of wall facing an alley. The property management company refuses to pay Paint Co. on the ground that Paint Co. breached the contract. What is the likely result for the property management company's claim again Paint Co.? a. Paint Co. will win because they acted reasonably in not painting the back wall facing an alley. b. Paint Co. will win because they substantially performed their contractual obligations. c. The property management company will win because Paint Co. did perform to the satisfaction of the property management company under an objective standard (1. The property management company will win because Paint Co. did not strictly perform all obligations under the contract. 4 30. Which of the following events would probably excuse performance of a contract based on commercial impracticability? a. The price of a raw material increases slightly so that the contract will not be as protable. b. An unforeseeable trade embargo causes prices to triple. c. The promisor of personal services dies. (1. The subject matter of the contract is destroyed