True or False

24. Equity is utilized when money damages cannot solve the legal issue or where issues of fairness are required to avoid an injustice

25. If Bob says to Beavis and Tiny, "...y'all wanna come over to see my new Winnebago? My grandpappy left it to me and only me after he kicked the bucket and after we probated his estate. I hold title to the Winnebago now, boys! I decorated the interior in crushed-velvet!...", then Bob would be able to provide legal, tangible evidence of ownership of the Winnebago.

26. Specific performance is where the court requires the non-breaching party to perform his or her contractual duties.

27. Beavis and Bob, buddies from the war, are shooting pool at the local billiards establishment. Down to the 8-ball, Bob tells Beavis, "if you make that shot, I'll eat my hat." Beavis sinks the last ball but Bob does not eat his hat. This is an example of an illusory promise.

28. A "mixed sale" involves the provision of a service and a good in the same transaction.

29. In the legal world, an "injunction" means 1 of 2 things: either it's a manner in which medication is introduced to the human body via a needle OR it's another term for taking food, drink or medicine by swallowing something.

30. Tiny builds a home with a swimming pool in the ground in the backyard. Bob comes over and asks Tiny how he paid for the home, which was by a loan and a mortgage from the local bank. But because Tiny has been low on money lately, he sells the pool to Bob. Bob comes over driving a backhoe and rips the pool out of the ground, causing massive damage to everything. But, this is permissible because the swimming pool that was permanently affixed to the property is a "good".

31. Express contracts may be oral or in writing.

32. Beavis is pulled over for drunk driving and subsequently gets locked up and thrown in the slammer. He hires Bob to represent him. While in court, Judge Tiny asks Bob if he has a license to practice law in South Carolina. Bob responds by saying, "no, but I do own a lawnmower." Judge Tiny and the South Carolina Bar will likely have no problem with this and will permit Bob to represent Beavis on the charge of driving under the influence of alcohol (DUI) even though Bob is not a licensed attorney because owning a lawnmower is just as good under the licensing statutes in South Carolina.

33. A consignment is not treated as a sale or return under the UCC.

34. "Fraud" is another word for intentional misrepresentation.

35. "If I give you a ride in my hot air balloon, will you give me a kiss?" Tiny asks his date, Shiny. She pauses to consider his offer. Just then, Bob jumps out of the bushes, shrieks "DEAL!!!", and gives Tiny a big smooch. Tiny is now obligated to give Bob a ride on his hot air balloon.

36. John Reasonable's son, John Quincy Reasonable, has just stated, "the 'reasonable person test' is an objective test (standard) that applies to commercial contracts and contracts involving mechanical fitness, amongst other areas of contract law." He is correct.

37. An extremely intoxicated person is more than likely incompetent and therefore experiences contractual incapacity.

38. Beavis shares a sandwich with Bob. Beavis bites into the sandwich. Unbeknownst to either of them the sandwich contains a sewing needle that stabs Beavis in the roof of his mouth. "Arrrgh!!" He screams. "This is a violation of the implied warranty of fitness for human consumption," Bob responds. He is correct.

39. Monetary damages are damages in the form of hot dogs.

40. The "mirror image rule", which discusses a person looking at his or her reflection in a mirror and deciding to make the world a better place by first changing him or herself, is a hit song from the 1980s by none other than the King of Pop, Michael Jackson.

41. An offer expires at the lapse of time as stated in the offer. If no lapse of time is stated, the offer terminates after a 'reasonable time'.

42. It's probably safe to say that the most important thing that the teacher of this course wants you to know is, in order to have a contract (an agreement between 2 parties for the bargained for exchange of good(s) or service(s) for money, etc.), you must have an offer and then an acceptance, and that the contract must be supported by reasonable and legal consideration.

43. Reformation permits the court to rewrite a contract to express the parties' true intention.

44. In the absence of an agreement, courts are generally forbidden from providing money damages to a plaintiff even in the case where the plaintiff provides the defendant goods or services, thus unjustly enriching the defendant, under the legal theories of quasi-contract and unjust enrichment.

45. An offeree is the party that extends the offer to the offeror to enter into a contract.

46. Bob's brother, Rob, mails Bob a letter offering to sell him a lawnmower for $2 if Bob would just let him know that they have a deal, along with the money. Bob, facing eviction and desperate to find work, is overjoyed by the offer. He immediately places a letter in the mailbox accepting the offer along with a check for $2. Thereafter, Tiny, under the influence of an illicit substance, drives by Bob's house and smashes his mailbox with a baseball bat. The outgoing mail, including the letter to Rob, is forever lost. If Bob tries to bring an action against Rob to enforce the contract, the courts would find that Bob accepted the offer simply by placing the letter that accepted the offer and the $2 in the mailbox.

47. According to the statute of frauds, for a 5-year contract to lease a condo to be valid and enforceable, it must be in writing.

48. Tiny proposes marriage to Shiny with his grandmother's wedding ring. After 2 months of marriage, Shiny tragically falls off a cliff in a hiking accident. Her relatives try to claim the ring as part of her estate. However, Tiny sues her estate in court for the return of the ring. The court will most likely side with Tiny due to the unique nature of the ring and the sentimental attachment to it - that it was his grandmother's and that it was his deceased wife's.

49. The law allows the non-breaching party to 'rack up' as much damage as possible to collect big bucks once that lawsuit payday comes through, putting no responsibility on the non-breaching party to keep damages at a minimum.

50. Void contracts are so powerful it is as if two contracts have been created