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Home » Law » Page 1811

Law

Q: Josh announces a reward of $500 for his dog, Ginger, that ran away from his house. Josh spreads the word only by pinning up posters in his neighborhood. Amanda, Joshs colleague, sees Ginger and brings her back to Josh without ever seeing the poster. After returning the dog, Amanda sees one of the reward posters and returns to claim the money. In the context of this scenario, which of the following statements is true? A. Amanda is not entitled to the money because the offer was not communicated to her. B. Amanda is not entitled to the money because she is Joshs colleague and acted in good faith. C. Amanda is entitled to the money because the poster constituted an offer and is effective for the entire neighborhood. D. Amanda is entitled to the money since performance of the requested act in the poster indicates acceptance. E. Amanda is not entitled to the money since she did not communicate the acceptance of the offer in writing.

Q: According to the mirror image rule, ______. A. the acceptance must exactly match the offer B. a contract must be accepted in writing by both the parties involved to make it enforceable in the court of law C. the acceptance of an offer involves changing the terms of the offer or adding new terms D. one of the parties to a contract should be a minor E. there has to be at least two or more counteroffers to bind a contract

Q: A(n) ______ is an agreement when one party has the right to withdraw from the promise made without incurring any legal liability. A. executed contract B. voidable contract C. void contract D. implied-in-fact contract E. reciprocal contract

Q: Laborers working on a building are promised by their contractors that their wages would be paid at the end of every month. The laborers also in return promise to work from the beginning of the subsequent month. When the laborers have worked for the entire duration of the month and are awaiting their wages at the end of the month, the contract is ______. A. void B. executory C. implied D. executed E. unilateral

Q: In the context of implied warranties as defined by the Uniform Commercial Code (UCC), which of the following refers to the merchantability of goods? A. The goods will be of fair average quality and conform to any labeling. B. The goods will be suitable for the buyers purpose if the seller is aware of it. C. The goods will be delivered within two weeks of order. D. The goods will be worth at least $500 or more. E. The goods will be sold within states and not across states.

Q: In the context of contracts formed by interactions of parties, which of the following arises from the conduct of the parties rather than from words? A. express contracts B. implied-in-fact contracts C. executed contracts D. void contracts E. adhesion contracts

Q: A(n) ______ contains a specific promise and a specific demand. A. consideration B. revocation C. offer D. capacity E. exculpation

Q: A(n) ______ is one in which the promised terms of the contract are discussed by the parties. A. express contract B. reciprocal contract C. implied contract D. bilateral contract E. unilateral contract

Q: The doctrine of quasi-contracts is predominantly based on a(n) A. reciprocal contract. B. implied-in-law contract. C. express contract. D. bilateral contract. E. unilateral contract.

Q: The remedy of quasi-contract generally applies only when A. there are more than three parties in a contractual agreement. B. no actual contract exists to cover the dispute. C. the contract is bilateral in nature. D. no more than two parties expressly discuss the terms of their agreement. E. implied warranties are included in a contract.

Q: The ultimate purpose of a contract is the creation of an agreement that courts will order parties to perform or to pay consequences for the failure of performance. When courts uphold the validity of such promises, the resulting agreement is a(n) ______. A. absolute contract B. differentiated contract C. void contract D. relative contract E. enforceable contract

Q: A(n) ______ is one that appears to be an agreement but lacks an essential requirement for validity and enforceability. A. voidable contract B. unenforceable contract C. void contract D. valid contract E. executed contract

Q: A(n) ______ is one when parties have not performed their agreement. A. executed contract B. executory contract C. express contract D. exculpatory contract E. unenforceable contract

Q: The doctrine of part performance creates an exception to the requirement that sales of interests in land must be in writing.

Q: Contracts are A. legally enforceable promises. B. always required to be written as per the Uniform Commercial Code (UCC) law. C. a form of a circular. D. enforceable in supreme courts but not in lower courts. E. always informal agreements.

Q: Which of the following statements is true about contract laws? A. Their application is confined to formally written documents. B. They must be formal in order to be valid. C. They enable private agreements to be legally enforceable. D. They are applicable to all business dealings that are against public policy too. E. They are invalid in instances that involve implied promises.

Q: In the context of contracts formed by promises, which of the following is an agreement containing mutual promises? A. unilateral contract B. quasi-contract C. express-in-fact contract D. bilateral contract E. implied-in-fact contract

Q: Madison promises Grace $10 if Grace collects her dry cleaning for her. This is an example of a(n) ______ contract. A. bilateral B. unilateral C. voidable D. void E. unenforceable

Q: Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention the prices. The server takes their order and both Fred and Betty enjoy the meal immensely. When the bill arrives, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating an offer and acceptance. The server said, Are you ready to order? and when Fred said Yes, the server merely asked, What may I get you tonight? In the context of this scenario, which of the following statements is true? A. Fred must pay based on an implied-in-fact contract theory. B. Fred must pay based on a promissory estoppel theory. C. Fred must pay based on an express contract theory. D. Fred is correct because no contract was formed. E. Fred is correct because he and the server entered into an agreement without a written document.

Q: A party who makes a unilateral mistake can void the contract.

Q: A party who is injured due to anothers fraud generally has the option to avoid the contract and seek return of any consideration conveyed.

Q: When there is a mutual mistake as to a material fact relating to a contract, rescission is inappropriate.

Q: A collateral promise is a secondary or conditional promise.

Q: A minor can disaffirm a contract and legally recover any consideration that has been given to an adult, even if the minor cannot return the adults consideration.

Q: Fixman Inc. agrees to renovate Melanies house for $50,000. During the renovation, Fixman demands an additional $10,000 to complete the work, to which Melanie agrees. Fixman can sue Melanie if she fails to pay the additional amount.

Q: Casper offers to sell a car to Amanda for $1,000, to which Amanda agrees. Both the parties sign a contract with all the details of the transaction that will be executed in 1 day. This contract is an example of a firm offer.

Q: Under the Uniform Commercial Code (UCC), all contracts and contract offers must have consideration.

Q: An option offer is open for a certain time period and is supported by the offerees consideration.

Q: Promissory estoppel often is used to prevent a party who has made a unilateral offer from withdrawing the offer after the requested work has begun.

Q: Juan offers to sell his cycle to Charles for $1,000. Charles agrees saying, I will pay you $1,000, if you give me an extra tire with the cycle. This is an example of a binding contract that is created between Juan and Charles as a result of the mirror image rule.

Q: The advantage of the mailbox rule is that the offeror can revoke the offer even when the offeree has accepted it.

Q: Performance made before parties discuss their agreement counts as a valid consideration.

Q: Adhesion contracts are those that are drafted by one party and presented to the other without a substantial opportunity for revision.

Q: According to the mailbox rule, a deposited acceptance creates a binding contract even if there is a revocation in the mail.

Q: A promise to make a gift is not binding as a contract because no bargained-for consideration supports the promise.

Q: The legal power created in the offeree to bind the offeror in a contract lasts forever.

Q: Ana offers Corey her vacuum cleaner for $300. Corey rejects the offer, so Ana promises to sell the vacuum cleaner to Abey. However, a day later, Corey decides to buy the vacuum cleaner and informs Ana of his acceptance. Ana must sell the vacuum cleaner to Corey.

Q: Darcy offers Kate his farm house for $200,000. However, before Kate communicates her acceptance, the farm house is destroyed in a fire. In this situation, Kate can sue Darcy for breach of contract.

Q: The mirror image rule is the same under common law rules and the Uniform Commercial Code (UCC).

Q: Shane wants to sell his car. He accepts Laylas offer and sells the car at $15,000. Layla is the offeree.

Q: Isla mails Taylor offering to sell her house at a reasonable price. Taylor mails his acceptance. Isla and Taylor are bound by a valid contract.

Q: Under the Uniform Commercial Code (UCC), contracts for the sale of real estate can leave open nonquantity terms to be decided at a future time.

Q: If a debtor overpays a creditor by $5,000, the debtor can force the creditor to return that amount by suing under quasi-contract.

Q: A voidable contract is an agreement when at least one party has the right to withdraw from the promise made without incurring any legal liability.

Q: An executed contract is one in which the parties are yet to perform their promises.

Q: Quasi-contracts are usually applied by courts in cases where the contract is unenforceable for some reason, such as a lack of capacity of a party in a contract.

Q: Contract law enables private agreements to be legally enforceable.

Q: The Uniform Commercial Code (UCC) applies to individuals as well as firms.

Q: A unilateral contract is an agreement containing mutual promises.

Q: Andrew, a professor, makes a promise to pay $3.00 to Lily, his student, if Lily gets him a reference book from the library. This is an example of a unilateral contract.

Q: Warranties can be disclaimed in writing if the parties so choose.

Q: Thomas asks Alicia, an accountant, for professional advice about his portfolio. Thomas is not obligated to pay Alicia since he does not express a promise to pay for her advice.

Q: You and your roommate are driving through a residential area when you see some furniture piled on the curb to be picked up by the trash collectors the next morning. As you pick up a chair, the homeowner opens a window and yells, Get away from my stuff. Which of the following statements is true in this scenario? A. You may claim the chair as lost property. B. You may claim the chair as mislaid property. C. You may claim the chair as abandoned property. D. The homeowner retains ownership until it is picked up the next morning, so you must leave it. E. The homeowner retains ownership of the property until you buy it from him.

Q: Contracts are legally enforceable promises.

Q: A written promise is necessary for the rules of contract law to be applicable to a contract.

Q: Vincent keeps his bag of books and magazines at his friends storeroom, as he believes that he will not be using it for a few months. This is an example of a(n) ______. A. bailment for the sole benefit of the bailor B. easement by prescription C. bailment for the sole benefit of the bailee D. negative easement E. easement by necessity

Q: Which of the following statements is true about bailment? A. In a bailment for the sole benefit of the bailee, the possessor of the object is known as the bailor. B. In a bailment, the possessor of the object is predominantly the owner. C. In the business world, most bailments are of mutual benefit to both parties. D. In a mutual benefit bailment, the bailee is under a duty to use high care in taking care of the object in possession. E. In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care while in possession of the object.

Q: Which of the following exclusively applies to real property? A. securities B. books C. clothing D. bailments E. easements

Q: Seth takes his laundry to Denises Dry Cleaners. When Seth gets his clothes back, he notices that two of his shirts, perfect when brought in, are ripped. In this scenario, which of the following statements is true? A. This was a mutual benefit bailment, and Denises owed a duty of reasonable care. B. This was a bailment for the sole benefit of the bailee, and Denises owed a duty of slight care. C. This was a bailment for the sole benefit of the bailor, and Denises owed a duty of great care. D. This was not a bailment. E. This was an unintentional bailment, so Denises does not owe a duty of care.

Q: Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruths home. Ruth offers the brooch to Marcy who accepts it. Ruth then gives Marcy the only key to the safe. According to the information given, which of the following statements is true? A. This is not a valid gift because there has been no delivery. B. This is a valid gift because the gift is a physical entity. C. This is a testamentary gift, and Marcy can claim the gift only after Ruths death. D. This is a valid gift because there has been a constructive delivery. E. This is not a valid gift because Ruth must provide a document for chain of custody.

Q: Goods that are identical are known as a(n) ______. A. fungible B. accession C. lien D. gifts E. collateral

Q: Identify a correct statement regarding joint tenants. A. Joint tenants do not have the right of survivorship. B. Joint tenants must have equal ownership shares. C. The property of joint tenants is owned through fee simple absolute and fee simple defeasible. D. If one of the joint tenants dies, the remaining tenant is allowed to take ownership of only his or her share. E. Joint tenants cannot force the separation of concurrent ownerships like the tenants in common.

Q: Mike rents a car from Brandy Car Rentals at $40 per day. In this scenario, which of the following statements is true? A. This is a bailment for the sole benefit of the bailor. B. Brandy is the bailee. C. Mike owes the duty of slight care. D. Mike is under a duty to use reasonable care to take care of the car. E. This is a bailment for the sole benefit of the bailee.

Q: Vincent conveys his land to his friend as long as it is used for non-commercial purposes. A few months later, Vincent finds out that his friend has been using the land as a parking garage for tourists and charging unreasonable rates. In this case, Vincents friend would most likely be in violation of the ______. A. remainder interest B. future interest C. fee simple absolute D. fee simple defeasible E. reversion interest

Q: Solomon plans to sell his property. He intends to sell the cattle on his property to the prospective buyer but not the clothes and the household goods. Which of the following is the reason for the clothes and the household goods not being sold with the house? A. The clothes and household goods are intangible goods. B. The clothes and household goods are fixtures. C. The clothes and household goods are personal property. D. The clothes and household goods form real property. E. The clothes and household goods are abandoned.

Q: Simons relatives come to visit him and want him to show them around the town. Linda helps Simon by lending him her car for a week. This is an example of a(n): A. bailment for the sole benefit of the bailor. B. easement by prescription. C. bailment for the sole benefit of the bailee. D. bailment for the mutual benefit of the parties. E. easement by necessity.

Q: Which of the following is a similarity between joint tenancy and tenancy in common? A. In both these forms of ownership, the property interest is divided. B. In both these forms of ownership, the tenants can own different shares of the resource. C. In both these forms of ownership, the tenants can exercise right of survivorship. D. In both these forms of ownership, the tenants can have disproportionate ownership of share. E. In both these forms of ownership, the tenants can force the separation of ownership under the doctrine of partition.

Q: Which of the following statements is true of an easement? A. It creates ownership of the land in question. B. It exists for the benefit of pharmaceutical corporations. C. It occurs when landlocked property is purchased. D. It creates a leasehold estate. E. It places a particular use of land behind the exclusive legal fence.

Q: The rules of a testamentary gift require that such a gift pass ownership by A. mere delivery. B. transfer of interest. C. death of the donor and proving of a valid will that specifies the gift. D. providing evidence of the physical existence of the gift and the transferor. E. physical transfer to the donee.

Q: A ______ promises the grantee that the grantor has good ownership and the full power to convey it. A. special warranty deed B. pass title deed C. quitclaim deed D. freehold deed E. warranty deed

Q: Which of the following statements is true about adverse possession? A. The practice of adverse possession requires that possession be interrupted to grant ownership. B. The possessor should have the owners permission to be on the land. C. The practice of adverse possession discourages land use. D. The practice of adverse possession increases the possibilities of an absent owner to claim rights many years down the road. E. The most common way to destroy a claim of adverse possession is to sue for trespass.

Q: Which of the following is an example of intangible property? A. cars B. books C. clothing D. securities E. land

Q: Which of the following is an example of a bailment done for the sole benefit of the bailee? A. borrowing a laptop B. renting a car C. babysitting for free D. finding lost or misplaced property E. using a car without permission

Q: Which of the following statements is true about concurrent ownership? A. The property interest is divided in joint tenancy. B. The joint tenants can have unequal ownership of shares. C. The tenants in common can own different shares of the resource. D. The tenants in common can have the right of survivorship. E. The ownership is divided such that each concurrent owner owns a specific piece of the resource.

Q: The Homestead Act of 1862 illustrates ownership through ______. A. possession B. exchange C. gifting D. confusion E. accession

Q: A ______ makes no guarantees other than that the grantor surrenders all claim against the land. A. simple warranty deed B. trust deed C. quitclaim deed D. special warranty deed E. fiduciary deed

Q: Which of the following statements is true about property? A. People can privately own every resource, especially every resource of use. B. A private property in a resource can be created if you can legally exclude others from that resource. C. The federal law has little control over the exercise of ownership or sale of any type of property across all states. D. A property is usually infinite but has an ambiguous boundary. E. A property includes resources but not the use of resources.

Q: In the context of legal framework, which of the following statements is true about the property system? A. The state takes ownership of resources directly as a result of legislation provided. B. The citizens acquire resources primarily through taxation. C. The state enforces rights when people legally have exclusive property rights in scarce resources. D. The state primarily plans what people should do and allocates the resources. E. The state limits and excludes any redistribution of resources through voluntary exchange.

Q: Mike gives Maria a life estate in one of the homes he owns. Maria lives there for a while and then accepts a job in another state, so she gives the property to her sister Jackie as it is permissible. Jackie owns the property until A. Mike revokes the life estate. B. Maria dies. C. Mike dies. D. the life estate is taken over by the government. E. Maria returns to the life estate.

Q: Which of the following statements is true about the property boundaries in the physical world? A. The physical dimension of tangible personal property is the most difficult to define. B. Law rather than intuition should ideally provide physical boundaries for a real property. C. The physical boundaries for real property are relatively easier to establish than for other forms of property. D. An individual rather than the law defines and sets forth the boundaries of an intellectual property or a security. E. The law regarding physical boundaries is fixed across all the states regardless of the type of land involved.

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