QUESTION 39 Lacrisha offers to service Margi's home alarm system for one year for $500. Under the mirror image rule, Margi's response will be an acceptance if the terms of the acceptance 0 a. change both the price and the items offered. 0 b. exactly mirror those of the offer. O C. change the items offered, but do not change the price. Q d. change the price, but do not change the items offered. QUESTION 40 If an offeree rejects an initial offer and makes a new offer at the same time then he has made a counteroffer. 0 True 0 False QUESTION 35 Robert has been declared mentally incompetent by a court and Isabelle has been appointed as his guardian. Two weeks later, without telling Isabe 1, knowledge, Robert signs a contract to sell his home to Javier for its real market value. The contract is O a. enforceable if Robert knew the market value of the home. b. void. 0 C. enforceable if Robert comprehended the consequences. 0 d. enforceable if Robert was the owner of the home in the ofcial town records. QUESTION 36 Walter begins pouring cement for a driveway on Mark's property under a contract between the parties. Halfway through the job, Walter asks for $3,000 more over the contract price, arguing that the price of cement has increased. Mark agrees but later refuses to pay. His promise to pay the extra money will likely be 0 a. unenforceable because it is illegal. O b. enforceable because Mark bears the risk if the price of cement increases. 0 C. enforceable because $3,000 is not so much money. 0 d. unenforceable because Walter's performance was a preexisting duty under the contract. Q U E STI O N 33 A covenant not to compete is enforceable even if it is unreasonable in duration and geographic area. O True 0 False QUESTION 34 Byron buys a subscription to Music Mania, an online music vendor. Before accessing the list of songs, Byron must check a box agreeing to not make and sell copies of the music. This provision is O a. a partnering agreement. 0 b. a click-on agreement. 0 C. an illusory agreement. 0 d. an illegal agreement. QUESTION 31 Adequate price is a required element of a valid contract. 0 True O False QUESTION 32 Amusement Park Central requires its guests to sign a form that includes a clause releasing Amusement Park Central from liability in the event of monetary or physical injury no matter who is at fault. Charlie signs a form that contains the clause when he arrived at the Park as a guest. This is O a. an adhesion contract; 0 b. an exculpatory clause. 0 C. an illusory promise. Q d. a covenant not to compete. QUESTION 29 Reggie offers to repair and service an elevator for Dolly's Department Store, but Reggie dies before Dolly's accepts. Most likely, Reggie's death O a. terminates the offer. O b. shortens the time of the offer but does not terminate it. Q C. extends the time of the offer. 0 d. does not affect the offer. QUESTION 30 The Gossip Galore Web site asks followers to \"send us your gossip and we might share it with the world.\" Pat submits a story about a celebrity and writes= \"I accept your offer.\" Gossip Galore and Pat have O a. a contract to consider Pat's story before any others. O b. a contract for the publication of Pat's story. 0 C. a contract to negotiate for the publication of Pat's story. 0 d. no contract. QUESTION 27 Beatrice sells Beatrice's Bakery to Delila. In the contract of sale, there is a covenant not to compete that prohibits Beatrice from opening another Bakery within 600 miles. If a court concludes that this restriction is unreasonable, it will most likely O a. reform the covenant to a reasonable distance. 0 b. award Betty damages equal to the speculative prot of a closer store. 0 C. prohibit both parties from opening bakeries. Q d. order Diane to stop doing business. QUESTION 28 Pioneer Technologies, Inc. asks Lawrence, its employee, to sign a covenant not to compete with his employer. The covenant is enforceable if it Q a. is reasonable with respect to geographic area and duration. 0 b. relieves the employer from liability for any injury to Lawrence . O C. does not require either party to obtain a business license. 0 d. none of the choices. QUESTION 25 Farida and Gaston agree to hijack a truck carrying a shipment of diamonds. If Farida later refuses to go through with the crime, Gaston can O a. none of the choices. O b. obtain damages in the amount of his partner's share of the illegal profits. O C. obtain damages in the amount of his own share of the illegal profits. O d. enforce the agreement. QUESTION 26 Mandy is the sheriff of Notreal, Texas. Oliver robs a gas station in Notreal and a $500 reward is offered for anyone who turns him in. If Mandy finds and arrests Oliver, with respect to the reward, she can O a. collect it. O b. not collect it because she had a preexisting duty to capture Oliver. O C. not collect it because it would be unconscionable. O d. not collect it because it is not legally sufficient consideration.QUESTION 23 A promise by one person to pay another person to refrain from an action that she has a legal right to do is valuable consideratin O True 0 False Q u ESTION 24 Charlene is a minor who signs a contract with Debra= an adult. The contract is voidable only by O a. Charlene only. 0 b. either party. 0 C. Debra only. 0 d. neither party. QUESTION 21 Ted claims that Adele breached their contract for tutoring. Adele responds that she never intended to enter into a contract with Ted. Rules of contract interpretation require the intent to enter into a contract be determined by O a. the personal theory of contracts. 0 b. the objective theory of contracts. 0 C. the intentional theory of contracts. 0 d.the subjective theory of contracts. QUESTION 22 Frida and Wedding World, Corp. enter into a contract for the use of a mansion and its grounds for a wedding. If ambiguities appear in the contract, they will be construed against the party who 0 a. drafted the contract. 0 b. made the offer to contract. 0 C. offers the most confusing explanation of the terms. 0 d.has the greater bargaining power. QUESTION 19 Marco promises to pay his personal chef Davida $60,000 in consideration of the services she provided over the years but Marco never makes the payment. Marco's promise is O a. enforceable to the extent of what Davida's services were actually worth. 0 b. not enforceable because the failure to pay is an unforeseen difculty. O C. not enforceable because the consideration is in the past. 0 d. enforceable for the entire $60,000. QUESTION 20 Minors have an unlimited amount of time after the minor reaches the age of majority to disaffn'm a contract. 0 True 0 False QUESTION 38 Sailor Sam offers a tour of the local seaport to Tom's Tourists, Inc. for $600. When Tom tells Sam he will pay no more than $400." Sam's offer is O a. still open. O b. rejected and subject to a counteroffer. O c. revoked. O d. accepted