Multiple Choice 26· Forbearance is associated with: a. mutual assent b· capacity

Question

Multiple Choice 26· Forbearance is associated with: a. mutual assent b· capacity to contract c. consideration d. valid/legal subject matter 27. What is not required to establish promissory estoppe? a. A promise made by the defendant. b. A promise made by the plaintiff in response to the defendant's promise. C. Reliance on the defendant's promise d. Enforcing the promise is the only way to avoid injustice. 28. In the historic case of Hamer v. Sidway, (specifically discussed in class) the nephew: a. b. lost, as there was no consideration. lost, as the uncle was dead c. won, as there was forbearance d. won, as there was a completed gift. 29. Vicki entered into a written contract to buy a car from Valley Motors. During the negotiations, the sales representative said that the car had a two-year full warranty. The written contract included a merger/integration clause and it did not include a warranty. Two months after Vicki took delivery of the car, she discovered that the ransmission needed to be replaced. Vicki claimed that it was covered by the full warranty. Will Vicki be able to resent evidence as to the sale representative's statements concerning the warranty? . No. The parol evidence rule will most likely exclude any evidence of the discussion of the warranty. . Yes. To not allow evidence as to the discussion of the warranty would be unconscionable. Yes. The evidence is needed because the contract is ambiguous. No. Evidence as to the discussion of the warranty would be past consideration.

Explanation / Answer

26. C

(Forbearance is an agreement to temporarily postpone or suspend a borrower's payments.)

27. B

( Promissory estoppel is a legal principle that a promise is enforceable by law, even if made without formal consideration. Promissory estoppel is intended to stop the promisor from arguing that an underlying promise that was made should not be legally enforced)

28. C

( The case has established that forbearance of legal rights on promises of future benefit made by other parties can constitute valid consideration.)

29 A

(Parol Evidence rule is a common law rule in contract cases that prevents a party to a written contract from presenting extrinsic value that discloses an ambiguity and clarifies it or adds to the written terms of the contract that appears to be whole. So once written contract is entered into which appears to be whole party has no right for oral statements)

Related Questions

Navigate

• Browse (All)
• Browse M
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.