QUESTION 41

Richard Simmons mistakenly believes that he and Suzanne Summers agreed that he would serve asher yoga instructor for ten 45 minute sessions. A conflict later arises between them. The existence of any contract can be judged by

	a.	the parties' statements at the time of their alleged contract.
	b.	what the plaintiff claims was the parties' intent.
	c.	what the parties agree they intended.
	d.	what the defendant claims was the parties' intent.

2 points

QUESTION 42

Intoxicated and incoherent, Hans Vestberg agrees to obtain internet service from Verizon FIOS. Verizon charges him a rate that is much higher than the average market price for internetservice. This contract is

	a.	enforceable.
	b.	not enforceable because contracting parties can change their minds.
	c.	not enforceable because Hans was intoxicated enough to lack mental capacity when he agreed to it.
	d.	not enforceable because the contract clearly favors Verizon FIOS.

2 points

QUESTION 43

Publix food market contractually agrees with FedEx for the delivery of a few boxes of fresh fish. In a later court case between the aforementioned parties over deliveries, the doctrine of quasi-contract is unavailable because

	a.	the subject of the contract was a service.
	b.	there is an actual contract covering the subject in dispute.
	c.	both of the parties involved are businesses.
	d.	at least one of the parties had greater bargaining power.

2 points

QUESTION 44

Valentino Rossi buys a motorcycle at the age of 17. Upon reaching 22 years of age, Valentino tries to disaffirm the contract and recoup all his motorcycle payments. A court will likely find that the contract was

	a.	not ratified and Valentino can recover his payments.
	b.	not a valid contract because Valentino was a minor when he entered into it and he can recover his payments.
	c.	ratified and Valentino cannot recover his payments.
	d.	ratified, but Valentino can still recover his payments because hewas a minor when he entered into the contract

2 points

QUESTION 45

John Velasquezand Mike Smith are out horse riding. In jest, Johntells Mike that Mike's horse is too slow. Mike laughs and jokingly responds "Yes, he is too slow! I would sell him for $5!" John hands Mike $5. This is

	a.	not a valid acceptance because Mike's horse is worth more than $5.
	b.	not a valid acceptance because Mike's offer was made in jest.
	c.	a valid acceptance because John gave Mike the money in a reasonable time.
	d.	a valid acceptance because there is consideration on both sides.

2 points

QUESTION 46

Lavazza Coffeeoffers to sell Food Town fifty bags of coffee beans. Food Town rejects the offer. The offer is

	a.	valid until Lavazza revokes the offer.
	b.	valid for the period of time prescribed by a state statute.
	c.	valid for a reasonable time to give Food Town a "second chance."
	d.	terminated.

2 points

QUESTION 47

Kings Dominion requires all customers to sign a release that contains a clause that releases Kings Dominion from all liability in the event of an injury occurring during an amusement park ride, no matter who is at fault. This is an example of

	a.	a covenant not to compete.
	b.	an exculpatory clause.
	c.	an adhesion contract.
	d.	none of the choices.

2 points

QUESTION 48

Elon Musk signs a contract with Tesla, Inc. which contains a covenant not to compete. The covenant will be enforced if it

	a.	is reasonable with respect to geographic area and time.
	b.	relieves Tesla from liability for any injury to Elon Muskdue to simple negligence.
	c.	does not require either party to obtain a business license.
	d.	none of the choices.

2 points

QUESTION 49

J.B. Hunt Moving Service agrees to deliver a sofa to Saweetie. Saweetieagrees to compensate J.B. Hunt for its work. If J.B. Hunt does not perform, it may be required to

	a.	do nothing.
	b.	pay money damages.
	c.	make another promise.
	d.	perform a different service.

2 points

QUESTION 50

DwaneJohnson owes VerizonWireless$1100. Johnson offers Verizon $500 in lieuof the original $1000 debt and Verizon accepts. Settling a claim by the debtor offering to pay less than the creditor claims to be owed is an example of

	a.	an accord and satisfaction.
	b.	promissory estoppel.
	c.	a release.
	d.	FraudulentMisrepresentation