MULTIPLE-CHOICE QUESTIONS 1. Don contracts with Jan to paint Jan\'s townhouse wh

Question

MULTIPLE-CHOICE QUESTIONS 1. Don contracts with Jan to paint Jan's townhouse while she's on vacation. By mistake, Don paints Mick's town- house. Mick sees Don painting but says nothing. From whom can Don recover? a. Jan, because she was the party with whom Don contracted. b. Jan, under the theory of quasi contract. c. Mick, because his house was painted. d. Mick, under the theory of quasi contract. 2. Brian offers to sell Ashley his vintage vinyl records collection, forgetting that he does not want to sell some of the records. Unaware of Brian's forgetfulness, Ashley accepts. Is there a contract including all of Brian's records a. Yes, according to the objective theory of contracts. b. Yes, according to the subjective theory of contracts. c. No, because Brian did not intend to sell his favorite records. d. No, because Ashley had no reason to know of Brian's forgetfulness. 3. Greg promises to imprint four thousand T-shirts with Rona's logo. Rona pays in advance. Before Greg delivers the shirts, the contract is classified as a. executory, because it is executory on Greg's part. b. executory, because it is executory on Rona's part. c. executed, because it is executed on Greg's part. d. none of the above. 4. Without mentioning payment, Mary accepts the services of Lee, a contractor, and is pleased with the work. Is there a contract between them? a. Yes, there is an express contract. b. Yes, there is an implied contract. c. No, because they made no agreement concerning payment. d. Yes, there is a quasi contract. 131

Explanation / Answer

D) Don could recover from Mick as per the terms of quasi contract. A quasi contract is the obligation in the absence of agreement to prevent unjust enrichment. A) Yes according to the objective theory of contract. it states that whether the contract existed or not is determined by the external acts of the party rather than his intent A) Executory, because it is executory on Greggs part. this is known as executory as it is still not performed in full from Greg’s side B) Yes, there is an implied contract. An implied contract is formed form the conduct of parties as it is given that marry accepts the services of lee without mentioning payment. D) Agreement, consideration, and other elements. All parties to contract must be in agreement when offer is made by one party and accepted by another. Something of value must be exchanged between the two. Other elements may include mutuality of obligation, capacity etc. C) Voidable. The contract is voidable when a minor is involved who can avoid the contract d) Any of the above. The promise could be to perform right now or some time in future or the promise of not to perform certain act. C) A void contract as there is no contract or legal obligation to do so. A) An express contract as Rita has expressed her agreement on phone in the form of words spoken.

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