Question
Please help fill in the blanks. Thank you. The U.C.C. is a recommended code or statement of the law regarding the sale of ___________ The
Please help fill in the blanks. Thank you.
- The U.C.C. is a recommended code or statement of the law regarding the sale of ___________
- The RESTATEMENT OF Contracts is a summary of the law of contracts as to sale of ___________ and ____________
- Is the UCC a) automatically the law of the state or b) has been incorporated (added) into state law by state legislatures ?________________
- DURESS effects which ELEMENT of a contract.??. Mutual Assent, Actual Assent, Consideration, or Legality?
_________________
- An illegal subject makes a contract which.. valid, void, voidable ??_____ ______
- An OFFER, in order to be Valid under Common Law must be 1.______________, 2.____________ and 3. _________
- The "Mailbox Rule" says that an ACCEPTANCE must be which before it is effective??..a) sent b) notarized, c) adequate, d) received____________This is different from an OFFER because....why?________________________________________
- The RESTATEMENT OF CONTRACTS is a binding law which Judges MUST follow...TRUE OR FALSE...____________?
- COMMON LAW requires all terms of a contract to be definitely stated. TRUE OR FALSE?________
- The _________ changed the Common Law and DOES NOT any longer invalidate a Contract if certain terms are not totally definite ____________________
- Under the present law if a Court can confirm that the parties ____________ to enter a contract AND ALSO missing terms can be _ ____________, THEN the Court will enforce the Contract despite certain indefiniteness
- Define LIQUIDATED damage amounts ___________________________________________________
- Joe announces that he will hire STEVE for $100,000 / year for a job doing accounting work...knowing that Steve will rely on that and give up his present job.... STEVE relying on that, as expected, gives up his old job and comes back to Joe to accept the new job but before he can..Joe says "sorry no job.". Since no actual acceptance..Will the Court enforce a Contract even if offer revoked here before accepted?__________. If so state the legal basis including Formation classification type.____________________
- An Offer can be accepted only by ACTUAL stating an acceptance,
True or False ?_____________ Why or why not?___________________
- Steve has agreed to fix Mikes porch some day for $500.This is not a valid offer because it is ____________ meaning it really doesn't promise anything
- Name three ways an offer can be accepted.
i. ________________.ii.___________________ iii._________________
38. The Court will use the ________________ Test to decide if the offer was to be considered as made with an intent that it was really an offer that could be accepted and contractual .. According to that test....If Sam promises to pay $1,000 to Joe for his auto " when pigs fly.." the Court will not enforce _the contract after a pig is flown as cargo in a plane delivered to Sam.. because no _____________third party would believe there was INTENT for an enforceable offer.
39. Frank offered Floyd $150 for his used XBOX. Floyd refused and then the next day Floyd changed his mind saying he would accept .. Will the court enforce the contract if Frank then refuses to go ahead with the deal? Yes or No ________
Why?______________
40. A claim in contract dispute requires a showing of a_________ which means a failure to comply with a term of contract.
41. The normal default Statute of Limitations in NJ REQUIRES suits on a contract to be filed within how many years?_______ and this clocks starts to run from (the date the contract is entered into, the date the contract is breached)..Which?__________
42. Everet offers to a group he meets with that he will pay $500 for a new iPad.. Sam, not in that group, overhears the offer and goes up to Everet and accepts showing his iPad.. Everet refuses to go through with the deal with Sam.. Can SAM enforce the deal?_________ Why or why not?____________________________________________
43. Frank and Joe enter into a contract for certain work to be performed by Joe for $2,500. Joe has agreed to provide those services.. But then fails to do the work.. Frank sues Joe in court but has no WRITTEN contract.. In general, will the court insist that the court must be provided with a WRITTEN copy of the contract before it can enforce the contract... Yes or No____________________. Why____________________________
44. THE COURT WILL REFUSE to enforce a Contract when the Complaint is filed 8 years after a Cause of action of breach... TRUE OR FALSE?__________ and why?____________________
45. THE COURT's refusal to enforce a Contract even if a valid contract, because of some procedural RULE, would result in what Classification of the contract?______________________
46. What Classification general category and sub classification is about the Court avoiding Unjust enrichment? ..________________________
47. Physical Duress on a potential offeror makes a contract __________ (Enforcability classification) and is a failure to meet what element?_______________
48. Threats, other than physical threats, on a potential Acceptor make a contract ___________.
49... Unfair use of a position of trust or power to deprive a person of Free will in their offer or acceptance is called ______________________
50. A Principal has Vicarious liability as the result of the actions of an Independent Contractor..TRUE or FALSE?__________________
51. A Bilateral Contract is one in which both sides provide a _____________ and is what classification______________
52 A Contract completed by all sides is classified as_________________
53. Contract classification describing formation indicates whether a Contract was ______________
Or _____________
54. Joe promises to give Tom $1000 if he mows the lawn for the season. Tom does not answer but goes and mows the lawn.
What is the Mutuality classification of this Contract? _______________
55. Joe promises to give Tom $1000 if he mows the lawn for the season. Tom agrees to mow the lawn for $1000 for the season.
What is the Mutuality classification of this Contract? _____________
56. Joe promises to give Tom $1000 if he mows the lawn for the season. Tom agrees and mows the lawn. Joe does not pay and seven years later Tom sues him.
What is the Enforceability classification of this Contract? _________________
Why? _______________________
57. An example of an Invitation to Treat is
____________________
58. An Invitation to Treat is considered a valid enforceable offer; TRUE or FALSE?____________
59. An offer that is NOT received can be enforced if adequate. True or False? __________
60. An Answer that is sent but not yet received can be basis to enforce a contract. True or False ___________
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