QUESTION 26

When one person requests the services of another, and the other performs those services, the law

a) requires that the plaintiff prove there was a promise to pay.b) treats the services as being provided gratuitously.c) implies a promise to pay.d) recognizes no implied promise to pay.e) requires that the service provider pay a specific amount.

QUESTION 27

The making of a promise under seal has the following effect at law

a) the promisor's obligation is now optional with respect to the promisee.b) the promisor is now under a moral duty to perform.c) there is no need for the promisee to give consideration for the promise to be binding.d) little effect at law since this is merely a formality devoid of legal value.e) little effect at law since the practice is rarely done in modern business.

QUESTION 29

Capacity to contract means a party is

a) able to make an offer or accept an offer.b) competent to enter into a legally binding contract.c) able to pay damages in the event of a breach of contract.d) able to make a promise.e) able to comprehend the terms of a contract

QUESTION 30

Sam buys a car from Denise for $3,500 "as is". They agree to the terms of the contract orally. In attempting to reduce the contract to writing, Sam mistakenly writes down the amount as "$2,500". Both parties sign the contract. If either party resists any attempt to correct the document by denying a common mistake the court may

a) treat the agreement as void.b) treat the agreement as unenforceable but order costs.c) correct the written document to reflect accurately the contract made by the parties.d) dismiss any action on the basis of non est factum.e) rescind the agreement.

QUESTION 31

Non est factum is based not only on the principle of placing loss on the person guilty of carelessness, but also upon recognition of the need for certainty and security in commerce. For these reasons, the application of the principle

a) must always result in the enforcement of the contract.b) must always result in the unenforceability of the contract.c) must depend on the circumstances of each case.d) needs to be decided by a jury.e) because of its equitable nature, needs to be decided by a judge alone