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_________. The relationship between an employee and employer is one of a fiduciary nature in which the employee owes a duty of good faith, loyalty,
- _________. The relationship between an employee and employer is one of a fiduciary nature in which the employee owes a duty of good faith, loyalty, honesty and fair dealing to the employer.
- __________.A gift, including gifts of love and affection, does not generally constitute valid consideration to support a contract.
- __________.An unilateral contract is one that is typically made in a general way to an identifiable group of persons and invites an acceptance by the performance of a specified act or acts.
- _________. The doctrines of promissory estoppel and unjust enrichment allow a Court to provide the reasonable value of goods or services where the party who received the goods or services did so in the absence of a legally-binding contract and the interests of justice require such an outcome.
- _________. In general, the common law governs contracts for the sale of services, including professional services, and real estate interests while the Uniform Commercial Code governs merchant contracts for the sale of goods.
- _________. All legal, enforceable contracts for the transfer of interests in real estate are required to be in writing and formally signed by the parties pursuant to the Statute of Frauds.
- _________. Agreements made with minors are generally voidable by the minor and may be disavowed when the minor attains the age of majority, provided the disaffirmance occurs within a reasonable time after attaining the age of majority.
- _________. In general, contracts that give one party the ability to cancel the parties' obligations in his or its sole discretion are illusory and are not enforceable due to a lack of contractual intent.
- _________. At common law, an acceptance that does not accept the terms of an offer exactly as made is deemed at law to be a rejection of the original offer and a counteroffer.
- __________. A promise not to compete with your employer for a certain term of months or years after you leave its employ is also known as a "restrictive covenant" and is enforceable by the courts in general if it is reasonable in scope.
Section II. SHORT RESPONSES (Max. 20 Points) (CLO 3-5)
This section consists of four short answer questions concerning the Contracts portion of the course. Each correct response is worth a maximum of five (5) points. Total points for this Section equal twenty.
- Identify the required elements of a legally valid, enforceable Contract. (5 Points)
- Identify three types of agreements that the Statute of Frauds requires a signed writing for. (5 Points)
- Identify three circumstances in which an agreement might be "voidable." (5 Points)
- Identify two types of equitable remedies that are available under contract law that may be ordered when money damages are inadequate. (5 Points)
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