Law 3220 Clemson Exam 3 - Jahn Solved Completely
A contract may be based on a promise not to do something. (T/F) Answer- True
You return a lost dog to its owner. You did not know a reward was being offered for the dog. You do not have a legal right to the reward.
(T/F) Answer- True
You leave your poodle at a new grooming shop and tell them to wash the dog ⎯a $30 service. They do that and also paint the poodle's nails and tie ribbons in his hair ⎯these services are an extra $10. You pay them for the wash. What about the extra $10 in services?
a. an express contract existed; you must pay the $10
b. an implied contract existed; you must pay the $10
c. a quasi-contract existed; you must pay the $10
d. no contract for these services existed, no extra payment
e. the UCC would hold that no contract existed, so no payment Answer- d. no contract for these services existed, no extra payment
Ads are usually considered:
a. invitations for others to submit offers to buy
b. fully binding contracts
c. partially binding contracts
d. express contracts
e. implied contracts Answer- a. invitations for others to submit offers to buy
You pay $200 for the right to be the only buyer a seller will deal with for ten days for a piece of property that is for sale for $250,000. This is:
a. called a terminable contract
b. called an option contract
c. called a revocable contract
d. not a contract because the consideration is not relevant to the value of the property
e. none of the other choices Answer- b. called an option contract
Roberta says "Susan, I will sell you my car for $5,000." Susan says, "I'll give you $4,500." Roberta says "No." Later Susan calls Roberta and says, "I have $5,000 and want the car." Roberta:
a. must sell the car for $5,000, since the offer was accepted
b. must sell the car for $5,000 since the offer was accepted in a timely fashion
c. does not have to sell the car due to the counteroffer, which is a rejection
d. does not have to sell the car because her offer was not accepted in a timely fashion e. none of the other choices Answer- c. does not have to sell the car due to the counteroffer, which is a rejection
Twenty years after you take this class you are successful and wealthy. Knowing that this class was the key to your success, you look up your old professor and send a letter saying, "Because you helped me so much, I am going to send you a check for $100,000." Later you come to your senses and do not send the check. Your old professor sues you for the money:
a. you have to pay; there is a valid contract
b. you do not have to pay; the professor did not send a timely letter of acceptance
c. you do not have to pay; there is a lack of consideration
d. you do not have to pay; promissory estoppel applies
e. you do not have to pay; you were legally insane Answer- c. you do not have to pay; there is a lack of consideration
Uncle Jim tells his niece as she goes off to Creepy U. that if she maintains a 3.5 average that he will buy her a BMW convertible when she graduates. At graduation she has a 3.7 GPA and so she wants the BMW convertible. Uncle Jim says that he doesn't have to give her the BMW convertible because what she did was for her own good. Niece wants to sue Uncle Jim to get the BMW convertible. There probably is:
a. no breach of contract because the benefit to Uncle Jim is trivial compared to the BMW convertible
b. no breach of contract because what the niece did was a benefit for herself only
c. no breach of contract because it would violate public policy
d. no breach of contract; there was only a moral obligation
e. a breach of a valid contract Answer- e. a breach of a valid contract
In Hinson v. N&W Construction, where Hinson submitted the low bid to N&W for plumbing work to be part of a larger construction project by N&W, but then refused to do
the work when construction was started by N&W, the court held that Hinson's bid:
a. could not be relied upon by N&W because he was not licensed for such work
b. was unrealistically low, which N&W recognized, so it could not rely on the bid
c. was valid, so there was a breach of contract; Hinson was liable for the full value of the
contract
d. created liability based on promissory estoppel, so he was liable for the extra costs incurred by N&W
e. created liability based on promissory estoppel, so he was liable for the full value of the contract Answer- d. created liability based on promissory estoppel, so he was liable for the extra costs incurred by N&W
Jennifer enters into a contract when she is sixteen. When she reaches the age of majority she may manifest her intent to be bound to the contract; that is, to ____ the contract.
a. adjudicate
b. exculpate
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