Question
Reply to the questions only, no need for explanation: Question 1: John tells Robin If you fix my bike by Friday by 8:00 am, I
Reply to the questions only, no need for explanation:
Question 1: John tells Robin "If you fix my bike by Friday by 8:00 am, I will pay you $200 cash." Robin says nothing but fixes John's bike by 8:00 am on Friday, and seeks payment from John. What type of contract exists between John and Robin?
- Quasi Contract
- Implied-in-Fact Contract
- Unilateral Contract
- No Contract Exists
Question 2: Mark pulls up to Jimmy's driveway to pick him up for school, like he does every morning. This morning is special though, because Mark pulls up in his brand new car, worth $40,000. Jimmy gets in and says "wow, what a great car!" Mark replies "This hunk of junk took me three times to start it this morning. I would sell it for $20." Jimmy plops down $20 in cash and asks Mark for the title and keys. Mark's statement about selling the car for $20:
- Establishes his serious intent
- Does not establish his serious intent
Question 3: Imagine that Jack agreed to babysit your 5-year-old twins for 10 hours in exchange for $100. On the designated day, Jack arrives and you give him $100, then leave. Jack calls you 4 hours later and says, "I've changed my mind. I'm leaving these kids alone. However, I'm offering to stay for the remaining 6 hours for an additional $50." You say, "Fine. I accept." Does the second agreement include adequate consideration?
- No. Jack already has a duty to babysit the twins for another 6 hours, so he has not offered anything of value.
- Yes. Jack is offering to perform his duty in exchange for an extra $50.
Question 4: Bobby, age 17, buys a used car from Fred, an adult who owns his own used car lot. Seven days after Bobby turns 18, he disaffirms the deal and wants all of his money back. Bobby's disaffirmance of the contract with Fred is valid because he disaffirmed within a reasonable amount of time after turning 18 years of age.
- True
- False
Question 5: Saltwater crocodiles eat Desiree's wealthy parents while they are scuba diving in the Red Sea. Her godfather and close family friend, Jack, adopts her. Years later, when Desiree is 20 years old, Jack convinces her to sign a contract according to which she invests the millions of dollars she inherited in the investment company he manages. The contract states that Desiree cannot withdraw her money for 10 years. A year later, she needs the money to pay for college and argues the contract is unenforceable. If a court agrees that the contract is unenforceable, it will most likely be because of:
- Duress
- Bilateral Mistake
- Adverse Possession
- Undue Influence
Question 6: On May 1, 2021, Cagney and Lacey verbally agree that Cagney will perform in Lacey's new play, The Policewomen's Ball. Her performance will begin on October 1, 2021 and end July 1, 2022. Is this an enforceable contract under the Statute of Frauds?
- Yes, this verbal contract is fine!
- No, this verbal contract does not satisfy the Statute of Frauds
- It depends on the number of the people in the play
Question 7: Builders, Inc. and Gold's Gym sign a contract to build a gym in Aidan's neighborhood. Aidan is excited, and plans to use the gym to develop his physique so that he can earn millions of dollars as a model. When Builders, Inc. breaches its contract and does not build the gym, Aidan can no longer develop his physique, so he sues Builders. Can Aidan sue Builders?
- Yes, he is an intended beneficiary of the contract between Gold's Gym and Builders, Inc.
- No, he is an incidental beneficiary of the contract between Gold's Gym and Builders, Inc.
Question 8: Company A competes in the same business as Company B, sale of office furniture. Jane works for Company A as the Vice President of Sales for the Eastern Region. Jane's employment contract with Company A contains a non-compete clause that states upon her departure from Company A for any reason, she may not accept employment with any competitor, word wide, for 10 years, in any capacity. Jane wishes to leave Company A, take 2 years off to obtain some additional leadership training, and apply for a job with Company B because there is more room for growth.
- The non-compete clause in this contract is likely to be legal and enforceable because non-compete clauses are widely used in employment contracts.
- The non-compete clause in this employment contract is likely to be illegal and unenforceable because the terms of the clause are unreasonable.
Question 9: Bill and Samantha Winter contract with a construction company to build a house by October 1 in order to host their daughter's wedding on October 15. The contract also specifies Brand Q plasterboard (drywall) be used for the walls. After the project begins, the builder cannot find Brand Q plasterboard, although he thought he had a good supplier for that brand of board when he agreed to the terms of the contract initially. The Winters were on vacation in the mountains of Peru and unreachable during construction. The construction company decides to find a replacement and use Brand T instead, which the builder knows is of the same material and quality as Brand Q. All other aspects of the house conform to the contract. Bill and Samantha return to a completed house on September 30 but do not want to pay for the house, claiming that the construction company breached their contract by not completely performing.
- Most likely a court will find a material breach of contract and not discharge the construction company from their contractual obligations because the construction company did not act in good faith and did not provide a substantially similar benefit with the substituted plasterboard.
- Most likely a court will find substantial performance and discharge the construction company from their contractual obligations because the construction company acted in good faith and provided a substantially similar benefit with the substituted plasterboard.
Question 10: Kylie Jenner is a wealthy heiress who found an amazing local artist in Paris, Jean-Pierre. Jean-Pierre and Kylie created a valid contract for one of his favorite paintings of a Poodle wearing a beret in front of the Eiffel Tower but asked her to take delivery after his art show. Kylie pays Jean-Pierre $2 million for the artwork on the spot and Jean-Pierre agrees to deliver the artwork in 6 months. After six months, Kylie contacted Jean-Pierre for the art, and he told her that he would not be delivering it to her ever, since he realizes he cannot live without this Poodle masterpiece. Jean-Pierre offers to give Kylie back the $2 million but she refuses and files a lawsuit demanding delivery of the painting as promised. What is the most appropriate remedy for Kylie?
Group of answer choices
Compensatory Damages
- Liquidated Damages
- Specific Performance
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