CONTRACTS_MCQS_81-90 - GOULDS MCQs in the MORNING Multiple Choice Program CONTRACT LAW QUESTIONS 81-90 2012 GOULDS ALL RIGHTS RESERVED 81 Homeowner was

CONTRACTS_MCQS_81-90 - GOULDS MCQs in the MORNING Multiple...

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GOULD’S “MCQ’s in the MORNING”Multiple Choice Program:CONTRACT LAW QUESTIONS, 81-90© 2012 GOULD’S, ALL RIGHTS RESERVED.
© 2012 GOULD’S, ALL RIGHTS RESERVED.81. Homeowner was so overjoyed with the wonderful job Landscaper was performing for Homeowner under their contract, that Homeowner went out one day and pushed a wheelbarrow for four hours, in appreciation of the work that Landscaper was performing. After Homeowner had finished with the wheelbarrow, Landscaper was enamored at the work of Homeowner, and promised Homeowner tickets to an upcoming baseball game, and Homeowner accepted the offer.If Landscaper fails to give the baseball tickets to Homeowner, and Homeowner sues for breach of contract, what is the likely result?
© 2012 GOULD’S, ALL RIGHTS RESERVED.81. CORRECT ANSWER: D.A promise to make a gift is a gratuitous promise, and lacks consideration. Giftsdo not constitute valuable consideration because there is no bargained forexchange, and the promisor gets nothing in return for their promise to act. In thissituation, Homeowner pushed a wheelbarrow out of appreciation for the workLandowner had already performed, and therefore Homeowner’s work was a gift,lacking consideration. Further, a promise to make a gift is a gratuitous promise,and lacks consideration. It appears as though Landscaper promised to make givetickets to Homeowner in consideration of the work that Homeowner hadperformed.However, consideration must relate to future performance, not priorperformance. In effect, Landscaper made a promise to give a gift to Homeowner,and Landscaper later reneged on his promise, by failing to give the tickets toHomeowner.Therefore, Homeowner’s will lose, because his work was notsufficientconsiderationforLandscaper’spromisetogiveHomeownerthebaseball tickets.
© 2012 GOULD’S, ALL RIGHTS RESERVED.82. Seller owns some property, and he wanted to sell some of the property to Buyer. The written contract stated, “Seller agrees to sell and Buyer agrees to buy, part of the property owned by Seller, such that Buyer will be able to farm enough produce to meet his needs at some farmer markets in the area.” If Buyer anticipatorily repudiates, and Seller seeks specific performance, what is the likely result?
© 2012 GOULD’S, ALL RIGHTS RESERVED.

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