1. Which of the following is not one of the factors that have influenced the cha
ID: 1091375 • Letter: 1
Question
1. Which of the following is not one of the factors that have influenced the character of modern contract law? (Points : 1) The emergence of perceived disparities in bargaining power. The growing use of standard form contracts. Fewer face-to-face transactions. All of the above have influenced the character of modern contract law. Question 2.2. A void contract is a contract that creates no legal obligations. (Points : 1) True False Question 3.3. Oral contracts are difficult to prove and therefore consume much court time. For this reason, the law specifically requires that all contracts be written to be enforceable. (Points : 1) True False Question 4.4. For Article 2 of the UCC to apply, at least one party to the contract must be a merchant. (Points : 1) True False Question 5.5. An executed contract is one that: (Points : 1) Has been terminated by operation of law. Has been terminated by the parties voluntary agreement. Has been fully performed by one or both parties. Has been fully performed by both parties. Question 6.6. Which of the underlying, if any, is a non-contract theory of recovery? (Points : 1) A. Promissory estoppel B. An implied in fact contract C. An implied in law contract D. Quasi contract E. A,C and D Question 7.7. A void contract is one that either party can cancel at their option. (Points : 1) True False Question 8.8. The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers. (Points : 1) True False Question 9.9. Article 2 of the UCC never applies to mixed goods-services contracts; instead it treats them as pure service contracts. (Points : 1) True False Question 10.10. Mitch, an attorney, accepts an offer for an attorney position at The Firm. Grisham, the managing partner of The Firm, sends Mitch an Employment Policy Manual, which contains policies regarding attendance and confidentiality prior to Mitch's first day. Grisham includes a note advising Mitch to carefully review the Manual as he would be expected to adhere to its policies. During his first week at The Firm, Mitch is seen leaving the office at noon with copies of files tucked under his arm and not returning. He is also observed giving the copied files to a man not associated with The Firm. At the end of the week, Mitch is terminated for violating the terms of the Employment Policy Manual. Which of the following is true? (Points : 1) Mitch may recover his moving expenses under the doctrine of promissory estoppel. The Firm breached its express contract with Mitch by terminating him. The Employment Policy Manual is part of the implied contract between Mitch and The Firm. The Firm may recover Mitch's salary under the doctrine of quasi-contract. Question 11.11. Twentieth century contract law is generally characterized by: (Points : 1) Rigid, precise, technical rules Increased government intervention into private contracts Less government intervention into private contracts None of the above Question 12.12. Edna, who runs a flower shop, sells Jim a shotgun. Jim is unemployed, and Edna has never before sold a firearm in her life. Which of the following is true? (Points : 1) Article 2 of the UCC applies because Edna is a merchant. Article 2 of the UCC applies because a shotgun is a movable thing. Article 2 of the UCC does not apply because Edna is not a merchant with respect to shotguns. Article 2 of the UCC does not apply because Jim is not a merchant. Question 13.13. Pat, who owns an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor Judy. Pat is considered a merchant under Article 2 of the UCC in selling the books to Judy. (Points : 1) True False Question 14.14. Article 2 of the UCC applies to, among other things, contracts for the sale of real estate. (Points : 1) True False Question 15.15. Sometimes, Article 2 of the UCC holds merchants to different standards than the standards it applies to non-merchants. (Points : 1) True False Question 16.16. Which of the underlying theories, if any, requires proof of a recklessly made promise that causes reliance and produces hardship when broken? (Points : 1) A. Quasi-contract recovery B. Promissory estoppel C. An express in fact contract D. An implied in fact contract E. Both C & D Question 17.17. Speaking generally, quasi-contract applies where there has been foreseeable reliance on an express promise with resulting hardship to the promisee. (Points : 1) True False Question 18.18. Which of the following is true regarding promissory estoppel? (Points : 1) it requires that the promisor should reasonably expect to induce the promisee's action or forbearance. it requires a written promise. it requires consideration. it applies only when one or both parties is a merchant. Question 19.19. In the case of Palese v. Delaware State Lottery Office, the Court held that Palese could prevail on a theory of unjust enrichment. (Points : 1) True False Question 20.20. In the case of Lambert v. Barron, the appellate court found in favor of Lambert because Barron's $3100 payment evidenced the existence of a contract between the parties. (Points : 1) True False
Explanation / Answer
1. Which of the following is not one of the factors that have influenced the character of modern contract law? (Points : 1) The emergence of perceived disparities in bargaining power. The growing use of standard form contracts. Fewer face-to-face transactions. All of the above have influenced the character of modern contract law. Question 2.2. A void contract is a contract that creates no legal obligations. (Points : 1) True False Question 3.3. Oral contracts are difficult to prove and therefore consume much court time. For this reason, the law specifically requires that all contracts be written to be enforceable. (Points : 1) True False Question 4.4. For Article 2 of the UCC to apply, at least one party to the contract must be a merchant. (Points : 1) True False Question 5.5. An executed contract is one that: (Points : 1) Has been terminated by operation of law. Has been terminated by the parties voluntary agreement. Has been fully performed by one or both parties. Has been fully performed by both parties. Question 6.6. Which of the underlying, if any, is a non-contract theory of recovery? (Points : 1) A. Promissory estoppel B. An implied in fact contract C. An implied in law contract D. Quasi contract E. A,C and D Question 7.7. A void contract is one that either party can cancel at their option. (Points : 1) True False Question 8.8. The UCC imposes a duty of good faith on the performance and enforcement of every contract it covers. (Points : 1) True False Question 9.9. Article 2 of the UCC never applies to mixed goods-services contracts; instead it treats them as pure service contracts. (Points : 1) True False Question 10.10. Mitch, an attorney, accepts an offer for an attorney position at The Firm. Grisham, the managing partner of The Firm, sends Mitch an Employment Policy Manual, which contains policies regarding attendance and confidentiality prior to Mitch's first day. Grisham includes a note advising Mitch to carefully review the Manual as he would be expected to adhere to its policies. During his first week at The Firm, Mitch is seen leaving the office at noon with copies of files tucked under his arm and not returning. He is also observed giving the copied files to a man not associated with The Firm. At the end of the week, Mitch is terminated for violating the terms of the Employment Policy Manual. Which of the following is true? (Points : 1) Mitch may recover his moving expenses under the doctrine of promissory estoppel. The Firm breached its express contract with Mitch by terminating him. The Employment Policy Manual is part of the implied contract between Mitch and The Firm. The Firm may recover Mitch's salary under the doctrine of quasi-contract. Question 11.11. Twentieth century contract law is generally characterized by: (Points : 1) Rigid, precise, technical rules Increased government intervention into private contracts Less government intervention into private contracts None of the above Question 12.12. Edna, who runs a flower shop, sells Jim a shotgun. Jim is unemployed, and Edna has never before sold a firearm in her life. Which of the following is true? (Points : 1) Article 2 of the UCC applies because Edna is a merchant. Article 2 of the UCC applies because a shotgun is a movable thing. Article 2 of the UCC does not apply because Edna is not a merchant with respect to shotguns. Article 2 of the UCC does not apply because Jim is not a merchant. Question 13.13. Pat, who owns an appliance store, has a garage sale at his home where he sells old furniture and books. He sells a set of books to his neighbor Judy. Pat is considered a merchant under Article 2 of the UCC in selling the books to Judy. (Points : 1) True False Question 14.14. Article 2 of the UCC applies to, among other things, contracts for the sale of real estate. (Points : 1) True False Question 15.15. Sometimes, Article 2 of the UCC holds merchants to different standards than the standards it applies to non-merchants. (Points : 1) True False Question 16.16. Which of the underlying theories, if any, requires proof of a recklessly made promise that causes reliance and produces hardship when broken? (Points : 1) A. Quasi-contract recovery B. Promissory estoppel C. An express in fact contract D. An implied in fact contract E. Both C & D Question 17.17. Speaking generally, quasi-contract applies where there has been foreseeable reliance on an express promise with resulting hardship to the promisee. (Points : 1) True False Question 18.18. Which of the following is true regarding promissory estoppel? (Points : 1) it requires that the promisor should reasonably expect to induce the promisee's action or forbearance. it requires a written promise. it requires consideration. it applies only when one or both parties is a merchant. Question 19.19. In the case of Palese v. Delaware State Lottery Office, the Court held that Palese could prevail on a theory of unjust enrichment. (Points : 1) True False Question 20.20. In the case of Lambert v. Barron, the appellate court found in favor of Lambert because Barron's $3100 payment evidenced the existence of a contract between the parties. (Points : 1) True False
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