Question
Please help fill in. ABC Company solicits in the newspapers for a BID under $3,000 to start construction job. DEF Co. responds and accepts agreeing
Please help fill in.
ABC Company solicits in the newspapers for a BID under $3,000 to start construction job. DEF Co. responds and accepts agreeing to do the job for the specified amount and details. This is not a valid Acceptance sufficient to make a contract since ABC's solicitation is considered an I..______________________ and not an Offer.
Joe is a Police officer . Sam is being assaulted and screams to Joe that if Joe saves him, Sam will pay him $500. Joe does save him but Sam refuses to pay the $500. Can Joe sue to enforce the deal? (yes or no) ______________? Why ?_______________________________________________
Joe agrees to fix a porch for Sam for $500, whenever he gets around to it.. Sam agrees. This is not a binding contract since Joe's offer is il.. _______________________
Joe enters into an agreement with Steve who is 17 yrs. old to sell Steve a car for $450.00.
Initially can Joe enforce the agreement? ______?Why? _____________________________________
Initially can Steve enforce the agreement?____________? Why?_________________________________
In a year Steve in writing says he will proceed with the deal, Can Joe now enforce the agreement? ______?Why? ___________________________________________
Agreement between four gas stations in a town to keep gas price at a specified high price is considered r..__________________ trade and considered against p_____________ policy and therefore illegal and (valid, void, voidable)__________..
Oral Agreements that promote Marriage (pick one> are / are not ) considered against public policy .......BUT are (valid, void, voidable, unenforceable)_______________...
Mickey sells his computer sales business to Mavis and in the contract there is a CLAUSE in which Mickey agrees to not open another computer sales business in town for a year. Then Mikey goes ahead and opens a computer sales business in town 3 months later. He says he is able to since that CLAUSE is a _________________ and that type of clause is illegal.... Is Mickey right or wrong? ..________. Why
Exculpatory Clauses mean clauses that relieve a party of Some sort of unintentional t..______ or c________ L.._________.... BUT Exculpatory clauses that exclude li..._________ for FRAUD are (Enforceable or unenforceable)? _______________;
Fritz provided a contract to Frank which included a clause so confusing and so small that Frank did not realize he was not getting what he thought he was getting.. What kind of Unconscionable contract is this, (Substantively or Procedurally ) Unconscionable ?.______________________
Fritz , who was the only possible provider in the area of a certain product, provided a sales contract to Frank in which Frank did not get a true benefit from the contract. Frank felt he had no choices besides this .. What kind of Unconscionable contract is this, (Substantively or Procedurally )Unconscionable ?.______________________.
Joe enters into an agreement in which he agrees to leave a job as a real estate salesman with Resax Reality. He agrees he will not take any other competing job as an real estate agent ANYWHERE in the STATE for 10 YEARS. Is this clause enforceable?_______; WHY?_____________
How about if the restraint is Anywhere in TOWN for ONE year. Is that enforceable?______________ Why?____________________________________________
Montel sells gym memberships door to door in a town but has not paid the salesman's licensing fee to the town.. Montel sells Jack a membership. Jack refuses to pay Montel saying the sale agreement is not enforceable since Montel did not pay the license fee. Will the Court enforce the sale agreement.?__________; Why__________________________________________________
Bob the builder sells a housing renovation deal to Jack . It turns out Bob does not have a contractor's license. . Jack refuses to pay Bob saying the agreement is not enforceable since Bob did not have a license. Will the Court enforce the sale agreement.?_ ________; Why ? ________________________________
If there is a Mutual MISTAKE , it (will, will not ) ______serve as a defense to REAL ASSENT and defeat enforceability..
If there is a Unilateral MISTAKE as to a CONTRACT, it (will, will not ) ___________serve as a defense to REAL ASSENT and defeat enforceability ..
Fraudulent Misrepresentation may be Fraud in the Ind..___________ or Fraud in the E.._________________. If somebody switches pages of a contract before getting them signed by a second party then that is Fraud in the _____________.
If somebody fraudulently misrepresents a fact about the SUBJECT of the contract then it is Fraud in the ________________.
Fraud may be accomplished through a mis..__________ of fact, a con..________ of a relevant fact, or a non-__________ of a relevant fact.
To prove fraud you must show i. A material ..._______________, ii. that it was int...___________ made, and iii. that there was rel..___________ by the victim.
The Common law allowed a victim to either get resc________ of the contract OR seek da..____________ but not both. However the U.C.C. allows a victim to (seek one or the other, seek both, seek neither)__________.
The Court in deciding whether a Statement was actually meant to be an Actual Offer will use the O.._________ test to decide and in this they will consider whether a r.._________ third person would consider it as meant to be an offer.
An infant/minor who lies about his/her age enters into a contract. Normally such a contract is voidable since he is a minor, but because he lied about his age , the contract is considered which?
(valid, void, voidable, unenforceable).. _________________
An infant/minor enters into a contract for some medical treatment. The contract is (valid, void, voidable, unenforceable).. _________ because it is deemed for a n..____________
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