MT 1. 001
Sandra sued her employer, Cape Inc., claiming that she was sexually harassed on the job. This is a criminal lawsuit. Student Response False Score: 3/3 Value 100% False Correct Answer
2. MT 002
Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to prevent Internet Entertainment Group, LTD from using the domain name, "candyland.com." A jury will decide whether Hasbro is entitled to this equitable remedy. Student Response False Score: 3/3 Value 100% False Correct Answer
3. MT 003
While at the park, Tasha saw a small child fall into the lake. Tasha did not know the child. Under the common law of most states, Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to provide positive assistance and the assistance will not jeopardize Tasha's well being.
Student Response False Score: 3/3
Value 100% False
Correct Answer
4. MT 004
Generally, administrative agencies do not make the rules they enforce. Student Response False Score: 3/3 Value 100% False Correct Answer
5. MT 005
By creating three independent branches of the federal government, the U.S. Constitution limited the federal government power. Student Response True Score: 3/3 Value 100% True Correct Answer
6. MT 006
Governments can place no restrictions on the exercise of free speech.
Student Response False Score: 3/3
Value 100% False
Correct Answer
7. MT 007
The "takings clause" prevents the government from taking private property for any reason. Student Response False Score: 3/3 Value 100% False Correct Answer
8. MT 008
The ethics checklist provided in the textbook serves two purposes: it helps clarify the issues and it produces the one correct answer to an ethical dilemma. Student Response False Score: 3/3 Value 100% False Correct Answer
9. MT 009
Wever, Inc. is considering relocating a facility to Mexico. The interests of the various
stakeholders affected by this decision may conflict Student Response True Score: 3/3 Value 100% True Correct Answer
10. MT 010
Summary judgment is appropriate when there are no essential facts in dispute. Student Response True Score: 3/3 Value 100% True Correct Answer
11. MT 011
In a civil case, the plaintiff must prove the case beyond a reasonable doubt. Student Response False Score: 3/3 Value 100% False Correct Answer
12. MT 012
Prior to any battery, an assault (even if only momentarily) must have occurred. Student Response False Score: 3/3 Value 100% False Correct Answer
13. MT 013
A sales clerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting. Student Response False Score: 0/3 Value 0% True Correct Answer
14. MT 014
A defendant who engages in an ultrahazardous activity is liable for any harm that results from the activity. Student Response True Score: 3/3 Value 100% True Correct Answer
15. MT 015
Most states recognize some form of comparative negligence. Student Response True Score: 3/3 Value 100% True Correct Answer
16. MT 016
A crime is a violation of statutory law. Student Response True Score: 3/3 Value 100% True Correct Answer
17. MT 017
Entrapment can be a defense to a criminal act. Student Response True Score: 3/3 Value 100% True Correct Answer
18. MT 018
One purpose of contract law is to make business matters more predictable. Student Response True Score: 3/3 Value 100% True Correct Answer
19. MT 019
A valid contract can legally be voided by either party. Student Response False Score: 3/3 Value 100% False Correct Answer
20. MT 020
When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present. Student Response True Score: 3/3 Value 100% True Correct Answer
21. MT 021
When Olga asks Sven if he wishes to sell his Harley motorcycle, he replies that he would not sell it "for less than $2,000." Olga replies, " I accept," and hands him $2,000. A contract exists. Student Response Value True 0% False Score: 0/3 Correct Answer
22. MT 022
Revocation is the withdrawal of an offer by the offeror. Student Response True Score: 3/3 Value 100% True Correct Answer
23. MT 023
Vern Valve Company makes valves for plumbing fixtures. At the beginning of the year, it sends out a price list addressing each one, "To our valued customers." Honest Hank Hardware orders a variety of valves at the prices quoted on the price list. Vern Valve must sell the valves to Honest Hank for the prices quoted on the list. Student Response False Score: 3/3 Value 100% False Correct Answer
24.
MT 024
Under the common law, the mirror image rule permitted the offeree's acceptance of a contract to vary to some degree from the offeror's offer. Student Response False Score: 3/3 Value 100% False Correct Answer
25. MT 025
Assume that Ben and Perry sign an agreement in which Ben agrees to sell Perry 2,000 gallons of ice cream. If both parties neglect to include a price term in the contract, the contract cannot be enforced. Student Response True Score: 0/3 Value 0% False Correct Answer
26. MT 026
Advertisements are generally offers. Student Response False Score: 3/3 Value 100% False Correct Answer
27. MT 027
Usury laws prohibit charging excess interest on loans. Student Response True Score: 3/3 Value 100% True Correct Answer
28. MT 028
Rudolph overhears Macy's plans to go skydiving over spring break. Not really knowing Macy, but figuring it's worth a chance, Rudolph rushes out and buys an insurance policy for $100,000 on Macy's life. Macy does in fact meet her demise jumping out of the airplane. Rudolph can collect the $100,000. Student Response False Score: 3/3 Value 100% False Correct Answer
29. MT 029
John did not have a license to practice medicine in Florida. Nevertheless, when he retired to Florida, he started providing medical services to the people in his condo. Isaac, John's next-door neighbor, owed John $2000 for medical services. John will not be able to enforce the contract he made with Isaac. When a licensing requirement is designed to protect the public, any contract made by an unlicensed worker is unenforceable.
Student Response Value True 100% True Score: 3/3
Correct Answer
30. MT 030
Agreeing not to open a competing business could be consideration. Student Response True Score: 3/3 Value 100% True Correct Answer
31. MT 031
Contracts in which one party agrees to buy all his requirements from the other party are generally unenforceable because there is no definite amount. Student Response False Score: 3/3 Value 100% False Correct Answer
32. MT 032
Courts normally require adequate consideration.
Student Response False Score: 3/3
Value 100% False
Correct Answer
33. MT 033
A offers to sell her car to B for $500, and B accepts. B knows that A's car has a market value of $1,000 and that this fact is unknown to A. The contract is unenforceable. Student Response False Score: 3/3 Value 100% False Correct Answer
34. MT 034
If a minor can cancel a contract, it can be done at any time during minority or within a reasonable time after reaching majority. Student Response True Score: 3/3 Value 100% True Correct Answer
35. MT 035
If a salesperson says, "This is a great car," but the car turns out to be a lemon, the salesperson has committed fraud. Student Response True Score: 0/3 Value 0% False Correct Answer
36. MT 036
A party to a contract has a duty to investigate the other party's factual statements. Student Response False Score: 3/3 Value 100% False Correct Answer
37. MT 037
Any contract involving a sale of goods of $100 or more must be in writing. Student Response False Score: 3/3 Value 100% False Correct Answer
38. MT 038
For $1,000, Raymond transfers an easement right to Sandra. This contract is within the statute of frauds and therefore needs to be in writing to be enforceable. Student Response True Score: 3/3 Value 100% True Correct Answer
39. MT 039
Isaiah orally agreed to purchase Harry's house. This contract is illegal because of the statute of frauds. Student Response False Score: 3/3 Value 100% False Correct Answer
40. MT 040
Contracts that cannot be performed within one year of the making of the agreement must be in writing to be enforceable under the statute of frauds. Student Response True Score: 3/3 Value 100% True Correct Answer
41. MT 041
Ramona orally agreed to work for Brahma, Inc. for the rest of her life for $50,000 per year. This agreement would not be enforceable since it violates the one-year rule of the statute of frauds. Student Response False Score: 0/3 Value 0% True Correct Answer
42. MT 042
Most, but not all, contract rights are assignable. Student Response True Score: 3/3 Value 100% True Correct Answer
43. MT 043
Norm and Frank have a legal contract that is silent with regard to an assignment of the contract. In order for Norm to assign all or part of his rights under a contract, Frank must grant permission to Norm to make the assignment legally effective. Student Response Value True 0% False Score: 0/3 Correct Answer
44.
MT 044
If performance is contingent on the occurrence of a condition and that condition does not occur, the duty to perform is discharged. Student Response True Score: 3/3 Value 100% True Correct Answer
45. MT 045
The legal right to sue for a breach of contract is subject to a statute of limitations. Student Response True Score: 3/3 Value 100% True Correct Answer
46. MT 046
Injunctions are commonly used by courts to force people to complete their contractual obligations. Student Response False Score: 3/3 Value 100% False Correct Answer
47.
MT 047
The non-breaching party is under an obligation to minimize damages after a contract breach. Student Response True Score: 3/3 Value 100% True Correct Answer
48. MT 048
Specific performance is an equitable remedy sometimes used when money damages are inadequate. Student Response True Score: 3/3 Value 100% True Correct Answer
49. MT 049
Punitive damages are often awarded in contract cases. Student Response False Score: 3/3 Value 100% False Correct Answer
50.
MT 050
Banner enters into a contract with Sylvia to buy her house for $150,000. Sylvia decides later not to sell because she is so emotionally attached to the house. Banner insists that he is entitled to the house. Banner can successfully sue for specific performance. Student Response True Score: 3/3 Value 100% True Correct Answer
51. MT 051
The Occupational Safety and Health Administration promulgated a rule requiring guards for hand-fed circular crosscut table saws. The purpose of the guards is to keep employees clear of any danger zones. This rule is: Student Value Response 1. an executive 0% order. 2. a statute. 0% 3. common law. 0% 4. administrative 100% law. Score: 3/3 Correct Answer
Feedback
YES
52. MT 052
In 1900, the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority. In 2000, the courts in Minnesota still follow this ruling. This is an
example of: Student Value Response 100% 1. stare decisis. 2. the 0% bystander rule. 3. statutory 0% law. 4. enabling 0% legislation. Score: 3/3 Correct Answer YES
Feedback
53. MT 053
Don runs a construction company. He hires people to work on his projects and tells them they are all "independent contractors." Legally, they are not independent contractors since Don tells the workers when to come to work, how long to work, what days to work, what they are to do each day, and so forth. At the end of each week, Don pays his workers in cash (not with a check). Also, he does not withhold any state, federal or social withholding tax (since he claims the workers are independent contractors). Which statement is correct? Student Value Response 1. Don has 100% committed both unethical and illegal conduct. 2. Don has 0% committed unethical conduct, Correct Answer YES
Feedback
but it is legal. 3. Don has 0% committed ethical conduct but it is illegal. 4. Don has 0% committed both ethical and legal conduct. Score: 3/3
54. MT 054
Advantages of Alternative Dispute Resolution (ADR) include: Student Response 1. ADR is faster than litigation. 2. ADR keeps the parties talking rather than fighting. 3. ADR is less expensive than litigation. 4. All of the above are Correct Answer
Value 0%
Feedback
0%
0%
100%
YES
advantages of ADR. Score: 3/3
55. MT 055
Jurisdiction is: Student Value Response 1. the study 0% of law. 100% 2. the authority of a court to decide a particular type of case. 3. a federal 0% court concept. 4. applicable 0% only to appeals courts. Score: 3/3 Correct Answer
Feedback
YES
56. MT 056
Roxanne was injured when she fell in a hole while walking across her landlord's
parking lot. She and her lawyer hope they can settle the claim. Which of the following statements about settlements is correct? Student Value Response 1. A case can 0% be settled provided it has not been filed with the court. 2. A case can 0% be settled provided that discovery has not commenced. 3. A case can 100% be settled at any time. 4. A case can 0% be settled provided the jury has not heard any testimony. Score: 3/3 Correct Answer
Feedback
YES
57. MT 057
Which of the following statements about torts is correct? Student Value Response 1. A 0% tortious Correct Answer
Feedback
act is always a criminal act. 2. A 0% criminal act is always a tortious act. 100% 3. A tortious act may also be a criminal act. 4. All the 0% above are correct. Score: 3/3
YES
58. MT 058
Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her. Student Value Response 1. Jim is 0% liable to Diane for defamation. 2. Jim is 0% liable to Diane for defamation unless he Correct Answer
Feedback
can show a legitimate reason for having to tell Lana about Diane's prison history. 3. Jim is 0% liable to Diane for defamation per se. 4. Jim is not 100% liable to Diane for defamation. Score: 3/3
YES
59. MT 059
Punitive damages are intended to: Student Value Response 1. compensate 0% the plaintiff for medical expenses. 2. compensate 0% the plaintiff for lost earnings. 3. punish the 100% defendant. 4. pay the 0% plaintiff for Correct Answer
Feedback
YES
pain and suffering. Score: 3/3
60. MT 060
In a negligence case, the plaintiff must establish: Student Value Response 100% 1. duty of due care, breach, causation, foreseeable harm, and injury. 2. duty, strict 0% liability, causation, and injury. 3. duty, actus 0% reus, foreseeable harm, and causation. 4. mens rea, 0% breach, foreseeable harm, and injury. Score: 3/3 Correct Answer YES
Feedback
61.
MT 061
Arturo drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Arturo sued Vincent. The jury found that Arturo's fault contributed 20 percent to the collision and determined that his total loss was $100,000. Under comparative negligence, the jury should award Arturo: Student Value Response 1. $0 0% 2. $20,000. 0% 3. $80,000. 100% 4. $100,000. 0% Score: 3/3 Correct Answer
Feedback
YES
62. MT 062
One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct? Student Value Response 1. Miles 0% actions were negligent. 2. No tort has 0% been committed. 100% 3. Miles committed an intentional Correct Answer
Feedback
YES
tort. 4. Miles is strictly liable. Score: 3/3
0%
63. MT 063
Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. The most likely result would be: Student Value Response 1. Kyle will 100% not collect any damages since he did not sustain any damages. 2. Kyle will 0% collect damages as bones in chowder are common. 3. Kyle will 0% collect damages if he proves it Correct Answer YES
Feedback
was possible to prevent tiny fish bones from being present in clam chowder. 4. Kyle will 0% collect damages, as res ipsa loquitur applies. Score: 3/3
64. MT 064
A customer in a restaurant would be considered: Student Value Response 1. a 0% licensee. 2. a social 0% guest. 100% 3. an invitee. 4. none of 0% the above Score: 3/3 Correct Answer
Feedback
YES
65. MT 065
Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Student Value Response 1. If Roger is 0% convicted of criminal assault, Jim is not allowed to sue him for money damages that since would violate the double jeopardy clause of the Constitution. 2. Roger can 100% be prosecuted by the state for a criminal offense and Jim may sue him for money damages. 3. Jim can 0% elect to sue for money damages or proceed with criminal charges. Correct Answer
Feedback
YES
4. If Jim 0% refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him. Score: 3/3
66. MT 066
A misdemeanor is distinguished from a felony based upon: Student Value Response 1. the burden of 0% proof. 2. the type of 0% intent. 3. the rules of 0% evidence. 4. the length and 100% place of possible imprisonment. Score: 3/3 Correct Answer
Feedback
YES
67. MT 067
The primary purpose of RICO was: Student Value Response 1. to raise 0% revenue. 2. to 0% prosecute illegal aliens 3. to 0% prosecute those engaged in tax fraud. 100% 4. to be a tool against organized crime. Score: 3/3 Correct Answer
Feedback
YES
68. MT 068
Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. Student Value Response 1. Since Sarah 0% was found guilty of committing Correct Answer
Feedback
the crime, the court erred in fining the company since that violates the Double Jeopardy Clause of the Constitution. 0% 2. The court acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding. 3. The court 0% acted properly if this were a state proceeding but not if this were a federal case. 4. The court 100% acted properly in this case. Score: 0/3
NO
69. MT 069
Miles purchased a lawnmower with an attached warning that said "The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely: Student Value Response 1. lose, as he 0% agreed to not hold the lawnmower manufacturer liable. 2. lose, as he 0% assumed the risk. 3. win, as this 100% warning would be unenforceable. 0% 4. win, as all lawnmower manufacturers are strictly liable. Score: 0/3 Correct Answer
Feedback
NO
70. MT 070
What is not required to establish promissory estoppel? Student Value Response 1. A promise 0% made by the Correct Answer
Feedback
defendant. 2. A promise 100% made by the plaintiff in response to the defendant's promise. 3. Reliance 0% on the defendant's promise. 4. Enforcing 0% the promise is the only way to avoid injustice. Score: 3/3
YES
71. MT 071
Shelly offers to sell Jane goods both parties know are stolen. Jane accepts the offer, and agrees to pay for the goods. Later, Jane refuses to accept or pay for the goods. If Shelly sues Jane for breach of contract, what is the probable result? Student Value Response 1. Shelly 0% would win as this is a valid, enforceable contract. 2. Jane would 0% win as this Correct Answer
Feedback
is a voidable contract. 3. Shelly 0% would win as this is a unilateral contract. 100% 4. The law would not enforce Jane's promise, as it does not have a legal purpose. Score: 3/3
YES
72. MT 072
Robert, a minor, buys a stereo from Jane for $200. State law allows a minor to disaffirm contracts within a reasonable time after turning 18. Robert disaffirms the contract the day after turning 18 and returns the stereo. Student Value Response 1. This contract 0% is a valid contract, Robert cannot disaffirm. 2. This contract 100% is a voidable contract, Robert can disaffirm. 3. This contract 0% Correct Answer
Feedback
YES
is a void contract. 4. This contract 0% is unenforceable because it needs to be in writing to be enforceable. Score: 3/3
73. MT 073
Sources of contract law include all EXCEPT: Student Value Response 1. state 0% common law. 2. the Uniform 0% Commercial Code. 3. the 0% Restatement (Second) of Contracts. 100% 4. federal common law. Score: 3/3 Correct Answer
Feedback
YES
74. MT 074
Which of the following types of property would be goods under the Uniform Commercial Code? Student Value Response 1. A 100% computer. 2. A 0% promissory note. 3. A stock. 0% 4. A patent. 0% Score: 0/3 Correct Answer
Feedback
NO
75. MT 075
John owns a thoroughbred horse named Prince Charming that just ran in the Kentucky Derby. Prince Charming came in last, much to John's frustration and embarrassment. John exclaims in a loud voice, " I'm selling that horse to the first person who hands me $100 bucks!" John has: Student Value Response 1. made an offer 0% to anyone within hearing distance and will be bound by his offer to the first person who produces $100. 2. made a firm 0% offer and will Correct Answer
Feedback
be bound by his offer for a reasonable period of time. 3. made an 0% acceptance to the first person who can produce $100. 4. not made an 100% offer because under the circumstances a reasonable person would not conclude that John had intent to make an offer. Score: 3/3
YES
76. MT 076
The intent of the offeror to extend an offer to the offeree is generally determined by reference to: Student Value Response 1. the words 100% and conduct of the offeror. 2. the 0% assumptions of the Correct Answer YES
Feedback
offeror. 3. the 0% subjective intention of the offeror. 4. the beliefs 0% of the offeror. Score: 3/3
77. MT 077
Floyd offers to sell his 1967 Ford Mustang convertible to Tim. Before they conclude their negotiations, Floyd dies. Which of the following is true? Student Value Response 1. Floyd's heirs 0% must sell the car to Tim. 2. Floyd's heirs 0% must continue to negotiate the offer and sell the car, if a reasonable price can be determined. 100% 3. The offer terminates automatically upon Floyd's death. 4. There is a 0% contract if Tim accepts before Correct Answer
Feedback
YES
learning of Floyd's death. Score: 3/3
78. MT 078
Collector Carl displays his beer can collection at the local swap meet. Millionaire Mary sees the collection and is interested in buying the collection. Carl says he will sell the collection for $1500. Mary says she really likes the collection but is only willing to pay $1000. Which of the following is correct? Student Value Response 1. Mary's 100% counteroffer terminates Carl's offer of $1500. 0% 2. If Carl rejects Mary's counteroffer, she can still accept Carl's offer of $1500. 3. Neither offer 0% is valid. Who would ever pay $1000, let alone $1500, for a beer can collection? 4. Mary's offer 0% is a firm Correct Answer
Feedback
NO
offer. Carl has an exclusive right to consider her offer for a reasonable period of time. Score: 0/3
79. MT 079
If an offer specifies no time limit in which to accept: Student Value Response 1. the 0% offeree has 10 days to respond. 2. the 0% offeree has 30 days to respond. 100% 3. the offeree has a reasonable period during which to accept. 4. the offer 0% is not valid and Correct Answer
Feedback
YES
therefore it does not matter when the offeree responds. Score: 3/3
80. MT 080
Jaime offered to buy Kevin's bike. Jamie is the: Student Value Response 1. offeree. 0% 100% 2. offeror. 3. mortgagor. 0% 4. acceptor 0% Score: 3/3 Correct Answer YES
Feedback
81. MT 081
Cowboy Bob signed an agreement with Farmer Joe under which Cowboy Bob agreed to purchase all the hay that Farmer Joe grew during the coming growing season. This contract will be: Student Value Response 1. unenforceable 0% due to its vagueness. Correct Answer
Feedback
2. unenforceable 0% due to the difficulty of devising an appropriate remedy for a breach. 3. enforceable 100% as long as both parties act in good faith and Cowboy Bob doesn't suddenly demand more hay than what was reasonably estimated. 4. unenforceable 0% unless state real estate law makes an exception. Score: 3/3
YES
82. MT 082
Linda wanted to start her own business. Her Uncle Mike told her that he would give her $25,000 by the end of the year for her business venture. Lucy rented office space and purchased office equipment. Lucy was counting on the $25,000 to pay these bills. Mike died before the end of the year, and his estate refused to pay the money. Which of the following is correct? Student Response 1. Linda can Correct Answer
Value 0%
Feedback
recover the amount of her indebtedness under a theory of express contract. 2. Linda cannot 0% enforce Uncle Mike's promise because he died. 100% 3. Linda can probably enforce Uncle Mike's promise based upon promissory estoppel. 4. Linda may 0% recover because of past consideration. Score: 3/3
YES
83. MT 083
In January, Alex promised to pay Y2K Inc. $5,000 if it would refrain from filing suit against him on a breach of contract action. Y2K agreed and accepted a $5,000 check from Alex. Which of the following statements is correct? Student Response 1. Y2K's promise to Correct Answer
Value 0%
Feedback
refrain from suing Alex was not supported by legal consideration. 2. Y2K's 100% promise to refrain from suing Alex was supported by legal consideration and is enforceable. 0% 3. This is an accord and satisfaction, and Y2K cannot sue. 4. The courts 0% would apply promissory estoppel in this situation. Score: 0/3
NO
84. MT 084
If Rudy offers Oscar $200 for his $600 stereo and Oscar agrees, a court will probably: Student Value Response 1. set aside the 0% agreement as being unfair. 2. set aside the 0% Correct Answer
Feedback
agreement because the consideration is inadequate. 3. not set aside 100% the agreement based on the adequacy of the consideration. 4. not set aside 0% the agreement because of the UCC. Score: 3/3
YES
85. MT 085
An agreement in which a buyer agrees to buy all the goods produced by a manufacturer is known as: Student Response Correct Answer
Value
Feedback
1. a 0% requirements contract. 2. an option 0% contract. 100% 3. an output contract. 4. an exclusive 0% dealing contract. Score: 3/3
YES
86. MT 086
Barbie has been a children's day care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within 25 miles of Sallton for a period of one year. After six months of the big city life, Barbie is broke and moves back to Sallton. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result? Student Value Response 1. Barbie 0% wins. The agreement is denying her the right to do the only thing she knows how to do. 2. Barbie 0% wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain. 0% 3. Barbie wins. The agreement is not reasonable as to time. 4. Ken wins. 100% The agreement is Correct Answer
Feedback
NO
enforceable. Score: 0/3
87. MT 087
A contract most likely will be declared unconscionable if: Student Value Response 1. it is unfair to 0% one party. 2. it contains a 0% cancellation clause. 100% 3. it is oppressive and the weaker party did not fully understand the consequences of the agreement. 4. it is signed 0% by a minor. Score: 3/3 Correct Answer
Feedback
YES
88. MT 088
Which of the following would involve a bailment?
Student Value Response 1. Judith 0% leases an apartment for 6 months. 2. Judith 0% purchases a fur coat from Minks Unlimited. 100% 3. Judith leaves her fur coat with Minks Unlimited to be cleaned. 4. Judith 0% gives her fur coat to a local charity. Score: 3/3
Correct Answer
Feedback
YES
89. MT 089
Public policy means: Student Value Response 1. the law that 0% comes from the state legislature. Correct Answer
Feedback
2. the law that 0% comes from the executive branch of the government. 3. the law that 100% comes from the courts that decide what would have a negative impact on society. 4. none of the 0% above Score: 3/3
YES
90. MT 090
Marty, a 16-year-old, contracts with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle. Marty agrees to pay monthly payments until the purchase price plus interest are paid in full. Which of the following is correct? Student Value Response 100% 1. The contract is voidable by Marty. 2. The 0% contract is void as soon as it is made. Correct Answer YES
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3. The 0% contract is voidable by Creamof-theCrop Cycles. 4. The 0% contract is voidable by either Marty or Creamof-theCrop Cycles. Score: 3/3
91. MT 091
Assume the same facts as above except that it is two years later and Marty has reached the age of majority. Marty has not disaffirmed the contract and has made payments on the cycle since turning 18. Which of the following is correct? Student Value Response 1. The 0% contract is void and Marty has no obligation. 2. The 0% contract is now Correct Answer
Feedback
voidable by Creamof-theCrop Cycles. 3. Marty has 100% ratified the contract and is now bound by its terms. 4. Marty has 0% ratified the contract but can still get a return of the payments made while he was a minor. Score: 0/3
N0
92. MT 092
Which of the following is most likely to constitute fraud? Student Value Response 1. A false 0% prediction that a painting's Correct Answer
Feedback
value will rise. 2. A false 0% statement that a used car is "the best deal in town." 3. A false 0% statement that a $20,000 car attracts members of the opposite sex. 4. Silence as 100% to a toxic waste problem on real property that the buyer would not reasonably find. Score: 3/3
YES
93. MT 093
Marty's home had burned to the ground. When he met with his insurance adjuster, she accused him of burning down the house, and said she would have him criminally prosecuted if he didn't settle the claim for much less than the house was worth. Marty agreed to the settlement. If he changed his mind, he can probably rescind the settlement on the basis of:
Student Value Response 1. fraud. 0% 2. duress. 100% 3. undue 0% influence. 4. mistake. 0% Score: 3/3
Correct Answer YES
Feedback
94. MT 094
If Jane persuades Linda to buy her horse by telling Linda that the horse runs "like the wind," then Jane's statement is: Student Value Response 1. fraud. 0% 2. misrepresentation. 0% 3. a unilateral 0% mistake. 100% 4. puffery. Score: 3/3 Correct Answer
Feedback
YES
95. MT 095
Which of the following contracts may be assigned? Student Value Response 1. An 0% Correct Answer
Feedback
assignment that would substantially change the obligator's rights or duties under the contract. 2. An 0% assignment that violates public policy. 100% 3. An assignment involving the right to receive payment of money. 4. An 0% assignment that violates a contractual provision. Score: 3/3
YES
96. MT 096
Robert hired James, a CPA, to prepare his tax returns. James was too busy and delegated the work to Sara, also a CPA. This delegation is: Student Value Response 1. enforceable, 0% as Sara is also a CPA. Correct Answer
Feedback
2. enforceable, 0% as there was no expectation James would do the work. 100% 3. not enforceable, as Robert hired James to perform personal services. 4. not 0% enforceable, as this violates public policy. Score: 3/3
YES
97. MT 097
Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000. Nothing in the contract itself prohibits a delegation. If Johann delegates his obligation to Eugene, a second-year musical student and enthusiastic guitar player, then the delegation will probably be: Student Value Response 1. permitted 0% because contracts may be freely delegated. 2. permitted 0% Correct Answer NO
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because the contract is just for music lessons. 3. prohibited 100% because Johann and Eugene have very different skill levels. 4. prohibited 0% by the UCC. Score: 0/3
98. MT 098
Which of the following duties can probably be delegated? Student Value Response 1. An 0% agreement to perform an operation. 2. A 0% contract to paint a picture. 3. An 0% agreement Correct Answer
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by an attorney to draft a contract. 100% 4. An agreement to paint a house. Score: 3/3
YES
99. MT 099
M & E contracted to sell 500 music stands to Coda, Inc. M & E shipped the stands in accordance with the agreement. Coda paid for the stands as promised. The contract between M & E and Coda is discharged by: Student Value Response 100% 1. full performance. 2. agreement. 0% 3. rescission. 0% 4. accord and 0% satisfaction. Score: 3/3 Correct Answer YES
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100. MT 100
Which of the following events would probably excuse performance of a contract based on commercial impracticability?
Student Value Response 1. The price of 0% a raw material increases slightly so that the contract will not be as profitable. 100% 2. An unforeseeable trade embargo causes prices to triple. 3. The promisor 0% of personal services dies. 4. The subject 0% matter of the contract is destroyed. Score: 3/3
Correct Answer
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YES