BLAW 3201 FRY EXAM 2 QUSTIONS 2025, Exams of Social Sciences

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BLAW 3201 FRY EXAM 2

In order to have a valid contract, in addition to the four basic requirements of a contract, which of the following must also occur? a. The consideration that one party is giving the other must be of the same value as the consideration that is being received. b. There must be the sale of goods from one party to another. c. There must be an absence of invalidating conduct, such as duress. d. Both parties must already have performed (done what they promised to do). - Answers- c. There must be an absence of invalidating conduct, such as duress. Which of the following is NOT always necessary in order for a valid contract to be formed? a. Mutual assent b. Legality of purpose c. A writing d. Consideration - Answers- c. A writing Another name for a quasi contract is: a. promissory estoppels. b. an implied in fact contract. c. an implied in law contract. d. an unenforceable contract. - Answers- c. an implied in law contract. Which of the following contracts is covered by Article 2 of the Uniform Commercial Code? a. The sale of a building. b. The sale of new furniture. c. An agreement to have the sidewalk shoveled. d. A sale of stock in ABC, Inc. - Answers- b. The sale of new furniture. Which of the following is required in order to recover in quasi contract? a. An implied or express promise b. A valid contract c. Acceptance or retention of a benefit conferred on the defendant by the plaintiff d. A voidable contract - Answers- c. Acceptance or retention of a benefit conferred on the defendant by the plaintiff What is a requirement of an express contract? a. It is written and signed. b. It is based on the conduct of the parties. c. The terms are stated in words. d. It consists of a promise in exchange for an act. - Answers- c. The terms are stated in words. Any property other than an interest in real property, is/are:

a. tangible property. b. intangible property. c. goods. d. personal property. - Answers- d. personal property. Contracts that are implied in law: a. are obligations imposed by law on grounds of justice and equity. b. are really contracts. c. are also called implied in fact contracts d. require the assent of the contracting parties - Answers- a. are obligations imposed by law on grounds of justice and equity. If both parties exchange promises, the contract is: a. bilateral. b. void. c. implied. d. executed. - Answers- a. bilateral. Molly signs a contract with a publishing company to edit text manuscripts. This contract is governed by a. the law of quasi contract. b. federal statute. c. Article 2 of the UCC. d. state common law - Answers- d. state common law Susie told Kelly, "If you wash my car, I promise to pay you $20." Kelly does not reply. This exchange is an example of: a. Promissory Estoppel. b. Promisee's Obligation. c. Unilateral Contract. d. Bilateral Contract. - Answers- c. Unilateral Contract. When might a contract might be unenforceable? a. If the purpose of the contract was to commit a tort. b. If one party has not yet performed, but the other party has fully performed. c. If the statute of limitations has passed. d. If the parties could not reach an agreement. - Answers- c. If the statute of limitations has passed. The doctrine of promissory estoppel: a. is a doctrine enforcing contractual promises. b. applies even if the promisor should not have expected the promisee to rely on the promise. c. applies even if the promisee does not rely on the promise. d. is a doctrine that relies on justice and not contractual rights. - Answers- d. is a doctrine that relies on justice and not contractual rights.

d. a unilateral contract. - Answers- a. not a contract. Sonny promises Maria not to foreclose for a period of six months on a mortgage that Sonny owns on Maria's real property. Relying on this promise, Maria begins to build a home on the land. If Sonny forecloses in two months, can Maria seek to enforce Sonny's promise?uestion a. No, Sonny's promise was illusory. b. Yes, Sonny made a non-contractual promise and Maria reasonably relied on such promise and began building a home on the land. c. No, this contract is illegal. d. Yes, Maria can argue that she was under duress by Sonny. - Answers- b. Yes, Sonny made a non-contractual promise and Maria reasonably relied on such promise and began building a home on the land. Sid makes a material representation of fact regarding his car to Barbara while out driving one day. The next day, Barbara calls Sid and offers to buy his car. Sid accepts Barbara's offer without correcting the misrepresentation of fact that he made the previous day. What is the effect of the material representation on the agreement between Sid and Barbara? a. There is no effect because it was made the day before the offer was made. b. Sid may avoid the contract. c. Either Barbara or Sid may avoid the contract. d. Barbara may avoid the contract. - Answers- d. Barbara may avoid the contract. Bill enters into a contract with Harry. The terms are that Bill will build an addition to Harry's home, replace the roof on Harry's garage, and make repave Harry's driveway in exchange for Bill's payment to Harry of several thousand dollars once all of the projects have been completed. If the driveway repavement has not yet been completed, but the addition and the roof have been completed, which term describes the type of contract in existence? a. Executory b. Voidable c. Implied-in-fact d. Quasi-contract - Answers- a. Executory Daniel is a self-made millionaire, but he has been medically committed to a mental health facility. A court also ordered Daniel's sister, Michelle, to preside over Daniel's business affairs. Once inside the mental health facility, Daniel befriends his nurse, Amanda. One day, Amanda tells Daniel about her invention to help identify stray dogs and cats. Daniel was so impressed by Amanda's invention that he offers to buy it for $500,000. Amanda accepts Daniel's offer. Did Daniel and Amanda form a contract? a. No, because Daniel lacks the capacity to contract. b. Yes, because Daniel offered to buy Amanda's invention, and Amanda accepts the offer. c. No, because the agreement lacks consideration.

d. Yes, because the contract is perfectly legal. - Answers- a. No, because Daniel lacks the capacity to contract. Mary induces James to enter into a contract. James subsequently discovers that Mary intentionally misrepresented the terms of their contract. Upon this discovery, James tells Mary that he will not perform his promise under the contract. If Mary sues James for breach of contract, will Mary win? a. No, because the contract was not in writing. b. Yes, because Mary and James have a valid agreement. c. Yes, so long as consideration exists. d. No, because Mary induced James into the contract by fraudulent misrepresentations, which makes the contract voidable. - Answers- d. No, because Mary induced James into the contract by fraudulent misrepresentations, which makes the contract voidable. Joe sends for a MBA catalog from State University. According to the catalog, the MBA applications are evaluated on the basis of undergraduate grades, GMAT (the appropriate standardized test) scores, and references. Joe has a 3.1 GPA, scores very well on the GMAT, and has excellent references. Based on the criteria listed in the catalog, Joe applies and pays the $100 application fee. His application is rejected. Later he finds out that others with low grades and test scores were accepted based on their family connections with the University. If Joe followed all of the guidelines in the college catalog and paid the required application fee, then according to the court in Steinberg v. Chicago Medical School: a. there is a valid contract. b. there is a quasi contract. c. there is not a contract. d. there is a voidable contract - Answers- a. there is a valid contract. Joe takes his car into the repair shop to have his tires realigned. While he is waiting for his car, he sees the repairmen take his car to the area where they change the car's oil. Joe says nothing as he is hoping he can get a free oil change. Joe watches while the oil in his car is changed. The car is then taken to the area where the tires are realigned. Joe watches while the tires are realigned. The employees next take Joe's car to be washed. Joe did not know his car would be washed, but knows that many car repair businesses have a practice of cleaning the cars at no additional cost to the customer after completing the repair work. When Joe is presented with the bill, there is a charge for the oil change, the realignment, and the car wash.If challenged in court, the court is most likely to make Joe pay for: a. the entire bill (oil change, realignment, and the car wash) because he had a contract with the repair sho - Answers- d. the realignment because that is what he contracted for and the oil change under the doctrine of quasi contract Joe sends for a MBA catalog from State University. According to the catalog, the MBA applications are evaluated on the basis of undergraduate grades, GMAT (the appropriate standardized test) scores, references, and other factors that the University, in its discretion, believes will enhance the standing of the University. Joe has a 3.1 GPA,

c. Both the offer and the acceptance. d. Only to acceptances in contracts subject to UCC. - Answers- b. The acceptance. According to general (common) contract law, the __________ must be the __________ of the offer. a. counteroffer; acceptance b. acceptance; mirror image c. acceptance; consideration d. contract; revocation - Answers- b. acceptance; mirror image Which of the following offers cannot be revoked? a. Any offer by a merchant under the UCC. b. Any offer that is in writing that promises to leave the offer open for three months or less. c. Any offer that is in writing, signed, and promises to leave the offer open whether it is made by a merchant or not. d. All of these are incorrect. - Answers- d. All of these are incorrect. Who would likely be considered a merchant under the UCC with respect to the goods in question? a. An authorized Apple computer dealer selling accessories for Apple computers and Apple-related products. b. An authorized Apple computer dealer selling the old shelving in the Apple store that was used to display the Apple products before the store was redecorated. c. An authorized Apple computer dealer selling household goods at a yard sale at his home. d. All of these are correct. - Answers- a. An authorized Apple computer dealer selling accessories for Apple computers and Apple-related products. How do parties usually show mutual assent? a. By one party making an offer and the other party making a counteroffer. b. By one party making an offer in writing and the other party accepting in writing. c. By one party making an oral offer and the other party accepting by performing. d. By one party making an offer in words or by conduct and the other party accepting in words or by conduct. - Answers- d. By one party making an offer in words or by conduct and the other party accepting in words or by conduct. Retail stores typically put advertisements in newspapers describing goods and stating prices. These ads are generally considered to be: a. offers only if they are made by merchants b. offers only if they are not made by merchants. c. invitations to buyers to make an offer to buy the goods described. d. firm offers. - Answers- c. invitations to buyers to make an offer to buy the goods described. When is there an effective acceptance of an offer to enter into a unilateral contract?

a. When the offeree says he probably will do what was asked of him in the offer. b. When the offeree begins to do what was asked of him in the offer. c. When the offeree has substantially but not fully performed what was asked of him in the offer. d. When the offeree has fully performed what was asked of him in the offer. - Answers- d. When the offeree has fully performed what was asked of him in the offer. Which of the following will terminate an offer? a. Rejection by the offeror. b. Subsequent illegality of the purpose but not of the subject matter of the offer. c. Destruction of the subject matter of the offer. d. Death of the offeree but not of the offeror. - Answers- c. Destruction of the subject matter of the offer. Which is NOT a correct about the UCC's "Battle of the Forms" rule? a. The UCC battle of the forms rule is what common law calls the mirror image rule. b. The UCC battle of the forms rule changes the common law's mirror image rule. c. The UCC battle of the forms rule may result in a contract with terms that are not identical to the terms included in the offer. d. What gets included in the final contract terms may depend upon whether the parties are merchants. - Answers- a. The UCC battle of the forms rule is what common law calls the mirror image rule. For purposes of general contract law (common law), an offer must: a. be sufficiently definite and certain. b. be made to only to one person. c. be intended by the offeror to be an offer. d. All of these are correct. - Answers- a. be sufficiently definite and certain. Betty is looking at the grocery ads in the newspaper and sees that canned tuna is on sale for 6 cents. Because this is an amazingly low price, she rushes off to the grocery store. She loads 10 cans into her cart, goes to the checkout counter and hands the cashier 60 cents. The cashier asks for $6.90 and tells her that the tuna is 69 cents per can and that the ad was a misprint. Betty demands that the tuna be sold to her for 6 cents a can. Which of the following statements about the ad is correct? a. The ad is an invitation for others to make offers. Betty has made an offer to buy the tuna for 6 cents a can and the grocer has rejected Betty's offer, but countered with an offer to sell it to Betty for 69 cents per can. b. The ad is a contract and the store has a contractual obligation to sell the tuna to Betty for 6 cents a can. c. The ad is a firm offer made by a merchant and the grocer must sell Betty the tuna f - Answers- a. The ad is an invitation for others to make offers. Betty has made an offer to buy the tuna for 6 cents a can and the grocer has rejected Betty's offer, but countered with an offer to sell it to Betty for 69 cents per can.

a. 9 a.m. Monday; 3 p.m. Tuesday b. 9:02 Monday; approximately 9 a.m. Wednesday c. Tuesday noon; Friday morning d. Tuesday noon; 9 a.m. Wednesday - Answers- b. 9:02 Monday; approximately 9 a.m. Wednesday Bill offers to sell his house to Harry for $90,000. Harry tells Bill he will buy the house for $90,000 if Bill will fix the roof. Bill says he is not interested in fixing the roof. Harry then tells Bill he will still buy the house. Bill tells Harry the house is no longer for sale to Harry. Which statement is true? a. Harry's counteroffer terminated Bill's offer, and Bill's rejection of both Harry's counteroffer ($90,000 plus fix the roof) and offer ($90,000) leave Bill free to make a new offer to sell the house to anyone he chooses, including Harry, and under any terms he chooses as long as the terms are not illegal. b. Bill must sell the house to Harry because Harry accepted his offer to sell the house for $90,000. c. Harry's counteroffer terminated Bill's offer; however, Bill can still change his mind and accept either Harry's counteroffer or Harry's offer to buy Bill's house for $90,000. d. If Bill will not - Answers- a. Harry's counteroffer terminated Bill's offer, and Bill's rejection of both Harry's counteroffer ($90,000 plus fix the roof) and offer ($90,000) leave Bill free to make a new offer to sell the house to anyone he chooses, including Harry, and under any terms he chooses as long as the terms are not illegal. Bill offers to sell his house to Harry for $90,000. Harry tells Bill he will buy the house for $90,000 if Bill will fix the roof. Which statement is true? a. Harry has made a counteroffer. Unless Bill accepts the counteroffer, there is no contract. b. Harry has made a counteroffer. If Bill does not accept the counteroffer, Harry can still accept Bill's original offer unless Bill revokes it. c. Under the UCC, Harry has accepted the offer even though his acceptance was not the mirror image of the offer. d. Harry has revoked Bill's offer. - Answers- a. Harry has made a counteroffer. Unless Bill accepts the counteroffer, there is no contract The Jones' have always admired a house that sits on the top of a hill owned by the Smiths. Martin is a mutual friend of both the Jones and the Smiths. One day, Martin mentions to the Smiths how much the Jones would love to buy the Smith home. The Smiths say that if they sell the house, they would be happy to sell it to the Jones. Martin relays this conversation to the Jones and the Jones immediately call the Smiths to accept the Smith's offer to sell. Have Smiths made an offer to sell their home to the Jones? a. No. The Smiths did not objectively intend to make an offer because they did not clearly state they were willing to sell the house. b. No. The Smiths did not include a selling price in their conversation with Martin so the offer would fail for lack of specificity and definiteness. c. None of these are correct.

d. All of these are correct. - Answers- d. All of these are correct. Chase and Tyler are best friends and fellow police officers. One day, Chase came home with a brand new, top-of-the-line Ford F-150 4x4 pickup valued at $38,000 and showed it to Tyler. Tyler told Chase that he wanted a truck just like his. Jokingly, Chase says, "Sure thing, buddy. I'll sell you my new pickup for $100 and a six-pack of beer!" If Tyler seeks to accept Chase's offer, what is Chase's best defense? a. Chase's terms were open. b. Chase intended the offer as a joke and a reasonable person would understand it to be a joke. c. Chase was merely advertising a price to Tyler. d. Chase's offer is undervalued. - Answers- b. Chase intended the offer as a joke and a reasonable person would understand it to be a joke. Which of the following offers cannot be revoked? a. An offer to pay the high school student next door if he takes in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is prior to leaving for vacation. b. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before any mail has been delivered. c. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before your return from vacation but after he has collected your mail for all the days that you have been on vacation up until the revocation. d. None of these are correct. - Answers- c. An offer to pay the high school student next door if he will take in your mail when you go on vacation regardless of whether he promises to take in the mail, if the revocation is before your return from vacation but after he has collected your mail for all the days that you have been on vacation up until the revocation. Furniture Store runs an ad in the local Sunday newspaper announcing a special sale on a Brandname chairside table. The ad states the price of the table, the dimensions, the SKU#, and what the table is made of. Other parts of the ad indicate the store's location, the hours, and a website where purchases may be made online. Joe goes to the store to purchase the table but sees another very similar table that is not on sale ("the regularly priced table"). He offers to buy the regularly priced table from the store for the sale price of the Brandname table. The store says that it cannot sell it at the sale price, but it can sell it for 10% off the listed price. Joe says that is too much money to spend for the regularly priced table. Joe continues to shop around. Seeing nothing he likes, he decides to buy the regularly priced table for 10% off. When he goes to pay for the table, the store charges him full price. If challeng - Answers- a. find that the Joe's initial rejection of the store's offer to sell the regularly price table for 10% off effectively terminated that offer; that Joe is now making an offer to purchase the regularly priced table for 10% less than the asking price; and the store is free to accept or reject Joe's offer.

b. the store is not likely to be in breach of contract because Joe wasn't the first person to accept the offer made in its ad. c. the store is not likely to be in breach of contract because an ad made to the generalpublic can never be an off - Answers- d. the store is not likely to be in breach of contract because the facts and circumstances regarding its ad indicate that the ad was intended to be like most ads—an invitation for the public to make an offer—and the store did not accept Joe's offer. Sometimes the law imposes a duty of disclosure. When a fiduciary is silent, silence may constitute fraud. A fiduciary is one who: a. has the same duty of disclosure to the other party to the relationship as one who is not a fiduciary. b. must deal at arm's length with the other party to the relationship. c. is in a confidential relationship who owes a duty of trust and loyalty to another. d. All of these are correct. - Answers- c. is in a confidential relationship who owes a duty of trust and loyalty to another. Contracts induced by threats of __________ are not voidable, unlike threats of __________ regardless of whether the coerced party had committed an unlawful act. a. civil prosecution; criminal prosecution b. criminal prosecution; civil prosecution c. tortious conduct; civil prosecution d. None of these are correct. - Answers- a. civil prosecution; criminal prosecution Which of the following would be material to the sale of a racehorse? a. The horse's coloring is chestnut. b. The horse's running time in the last race was the fastest in the circuit. c. The horse was ridden by Josh Jockey in the last race. d. All of these are correct. - Answers- b. The horse's running time in the last race was the fastest in the circuit. A resulting contract is void when it is brought about by: a. fraud in the execution. b. fraud in the inducement. c. innocent misrepresentation. d. All of these are correct. - Answers- a. fraud in the execution. A person should not be held to an agreement he has not entered voluntarily. Accordingly, the law will not enforce any contract induced by: a. puffery. b. duress. c. mistake. d. All of these are correct. - Answers- b. duress.

The law very carefully scrutinizes contracts between those in a relationship of trust and confidence that is likely to permit one party to take unfair advantage of the other. Which of the following is not an example of that type of relationship? a. Agent and principal. b. Hair dresser and client. c. Parent and child. d. Doctor and patient. - Answers- b. Hair dresser and client. To establish fraud, the misrepresentation must have been known by the one making it to be false and must be made with an intent to deceive. That knowledge is known as: a. scienter. b. negligent misrepresentation. c. sales puffery. d. All of these are correct. - Answers- a. scienter. When only one party is mistaken as to a fact or facts of the transaction, it is termed: a. negligent misrepresentation. b. unilateral mistake. c. subjective concealment. d. mutual mistake. - Answers- b. unilateral mistake. __________ is an intentional misrepresentation of material fact by one party to the other, who consents to enter into a contract in justifiable reliance on the misrepresentation. Fraud in the inducement renders the contract __________ by the defrauded party. a. Silence; void b. Fraud by concealment; void c. Fraud in the execution; voidable d. Fraud in the inducement; voidable - Answers- d. Fraud in the inducement; voidable Which of the following, if any, are requisites for fraud in the execution? a. False representation as to the very nature of the contract. b. Signing party does not know the character or essential terms of the contract. c. Renders the transaction void. d. All of these are correct. - Answers- d. All of these are correct. Sometimes a party makes misrepresentations, which if untrue, could constitute a material misrepresentation. Which of the following fits that description? a. "This is the one that I would buy." b. "This is the best tablet on the market." c. "These tires will wear like iron." d. "This car has a new engine." - Answers- d. "This car has a new engine." A person is not entitled to relief from fraud, unless she can show that she: a. was unduly influenced. b. justifiably relied on the misrepresentation.

contract for the job, even though the city engineer is of the opinion the job cannot be done for less than $650,000. In this case: a. Baxter must perform for the agreed upon price, because he has made a unilateral mistake. b. the city was aware of Baxter's mistake. When it accepted the bid, with knowledge of Baxter's mistake, the city sought to take an unconscionable advantage of Baxter's error. c. there is a case of mutual mistake. d. All of these are correct. - Answers- b. the city was aware of Baxter's mistake. When it accepted the bid, with knowledge of Baxter's mistake, the city sought to take an unconscionable advantage of Baxter's error. Sam agrees to sell Gina a BMW automobile, both believe to be inoperable, purely for parts. The contract price is $500. Prior to the delivery of the BMW, Sam discovers that the car was simply out of fuel, runs like a dream, and refuses to deliver the automobile to Gina. The value of the operable BMW is now at $3,000. if the court allows Sam to rescind the contract, what would be the reason? a. All of these are correct. b. This is a case of material mistake by both parties. c. This is a case of unilateral mistake on Sam's part. d. Sam was under duress. - Answers- b. This is a case of material mistake by both parties. Annie wants to buy a vehicle that will tow a camper. She gives the specific measurements and weight of the trailer to the salesman. The salesman tells her that the SUV Annie sees on the car lot would be just perfect to tow the trailer. Annie test drives the vehicle and then buys it. In this case: a. Annie has a valid cause of action for fraud. b. the element of scienter is missing. c. Annie was not justified in relying upon the salesman's representation that the car would tow the trailer. d. the salesman is in a confidential relationship with Annie. - Answers- c. Annie was not justified in relying upon the salesman's representation that the car would tow the trailer. Sam agrees to sell Gina a BMW automobile, both believe to be inoperable, purely for parts. The contract price is $500. Prior to the delivery of the BMW, Sam discovers that the car was simply out of fuel, runs like a dream, and refuses to deliver the automobile to Gina. The value of the operable BMW is now at $3,000. If the court allows Sam to rescind the contract, what would be the reason? a. This is a case of unilateral mistake on Sam's part. b. Sam was under duress. c. This is a case of material mistake by both parties. d. All of these are correct. - Answers- c. This is a case of material mistake by both parties. Francisco is a concert violinist who is scheduled to perform at the Kennedy Center for the first time. He buys what he is told is a Stradivarius violin from a well-known,

reputable dealer in quality violins, and he pays the going rate for a Stradivarius. He later learns the violin is an imitation, sold by the dealer who was trying to make quick money. In this case: a. the sale may be rescinded, because the dealer has made a nonfraudulent misrepresentation. b. the dealer has committed fraud in the inducement. c. the sale is voidable by the seller for mutual mistake. d. Francisco has made a unilateral mistake and cannot avoid the contract - Answers- b. the dealer has committed fraud in the inducement. Patrick held a baseball bat to Eric's head to compel him to sign a contract advantageous to Patrick. This contract was entered under: a. false representation. b. undue influence. c. physical duress. d. improper threats. - Answers- c. physical duress. Debra delivers a package to Jackie and requests Jackie to sign a receipt for the package, holds out a simple sheet of paper that says "Receipt," and shows a line where Jackie is supposed to sign. The line, which appears to be at the bottom of the receipt, is actually a promissory note for a $10,000 loan. Jackie signed the line, as indicated by Debra and did not know that she was signing a note. This scenario is an example of: a. Duress. b. Fraud in the execution. c. Undue Influence. d. Fraud in the inducement. - Answers- b. Fraud in the execution. Mike, a 75-year-old mechanic, returned Carrie her car after fixing the brakes. Mike told Carrie: "I put some new brakes on her—she should brake with complete ease!" When Carrie drives away, she cannot stop her car and crashes into a dumpster. It is later discovered that Mike failed to reconnect one of the brake lines. There is no indication that Mike knew that he failed to reconnect the brake line. If Carrie sues Mike for fraud, and the court sides with Mike, what would be the court's reason? a. Mike lacked scienter because he did not make the statement with the intent to deceive. b. Mike was puffing. c. Mike's statement was not a fact. d. Carrie did not experience duress. - Answers- a. Mike lacked scienter because he did not make the statement with the intent to deceive. In the Maroun v. Wyreless Systems, Inc. case, the court considered which of the following reason to grant summary judgment in Wyreless Systems' favor? a. Wyreless Systems is not liable for duress. b. Wyreless Systems' complained-of statements by Maroun were based on future events, and thus could not be a basis for misrepresentation. c. Wyrless Systems properly exercised the business judgment rule.