D216 Unit 4 Walk-Thru Guide - Contracts.docx, Lecture notes of Business Accounting

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D216
Walk-Thru Guide for Unit 4
(Contracts)
Directions:
1) The following questions are NOT practice exam questions. Instead, they are
specifically designed to be completed open book as you are reading through
the online textbook material.
2) Read page by page through the Unit without skipping around. The questions
will flow right in order as you read page by page through the Units.
3) Make sure you answer the questions very thoroughly. By doing this, you will
have a very robust review guide for the Units when you are finished.
1) What is a contract?
2) What is the objective theory of contracts?
3) What are the 4 legal requirements for a valid contract?
4) What are the 2 defenses to the enforceability of a contract?
5) What is the difference between a bi-lateral and a uni-lateral contract?
6) Give an example of a formal contract.
7) Give an example of an informal contract.
8) Give an example of an express contract.
9) Give an example of an implied contract.
10) What are the 3 requirements of an implied contract?
11) You go to the grocery store and buy milk. You are taking it to your car.
Is this contract executed or executory?
12) Give an example of an executory contract.
13) Can a valid contract be unenforceable? Give an example.
14) Give an example of a voidable contract vs a void contract.
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D

Walk-Thru Guide for Unit 4

(Contracts)

Directions:

1) The following questions are NOT practice exam questions. Instead, they are

specifically designed to be completed open book as you are reading through

the online textbook material.

2) Read page by page through the Unit without skipping around. The questions

will flow right in order as you read page by page through the Units.

3) Make sure you answer the questions very thoroughly. By doing this, you will

have a very robust review guide for the Units when you are finished.

  1. What is a contract?
  2. What is the objective theory of contracts?
  3. What are the 4 legal requirements for a valid contract?
  4. What are the 2 defenses to the enforceability of a contract?
  5. What is the difference between a bi-lateral and a uni-lateral contract?
  6. Give an example of a formal contract.
  7. Give an example of an informal contract.
  8. Give an example of an express contract.
  9. Give an example of an implied contract.
  10. What are the 3 requirements of an implied contract?
  11. You go to the grocery store and buy milk. You are taking it to your car. Is this contract executed or executory?
  12. Give an example of an executory contract.
  13. Can a valid contract be unenforceable? Give an example.
  14. Give an example of a voidable contract vs a void contract.
  1. Agreement requires an offer. What are the 3 requirements of an offer?
  2. When are preliminary agreements binding?
  3. Offers must contain definite terms. What does this mean exactly? List the 4 items.
  4. Offers must be communicated (obviously). What does a communicated offer terminate?
  5. What are the requirements of termination of an offer by the offeror (the person making the offer)?
  6. When is an offer terminated by action of an offeree?
  7. When are offers terminated automatically by operation of law? List the 4 circumstances.
  8. Offers must be accepted in order for a contract to arise. What is unequivocal acceptance?
  9. Can silence or inaction be acceptance?
  10. Acceptance can certainly be communicated verbally or in writing. How else can it be communicated?
  11. What is the mailbox rule?
  12. What if the offeror makes known that acceptance must occur a specific way?
  13. What is consideration? Give an example.
  14. What is the rule regarding pre-existing duty?
  15. What is recission? Give an example.
  16. Is past consideration acceptable in forming a contract?
  17. Can an illusory promise be valid consideration?
  18. Give an example of an illusory promise.
  19. What is an accord an satisfaction?
  20. What is the difference between a liquidated an unliquidated debt?
  1. What are the rules regarding performance to the satisfaction of another?
  2. What is anticipatory repudiation? Give an example.
  3. Contracts can be discharged by mutual recission. What is this? Give an example.
  4. Contracts can be discharged a novation. What is this? Give an example.
  5. Contracts can be discharged by a settlement agreement. What is this? Give an example.
  6. Contracts can be discharged by an accord and satisfaction. What is this? Give an example.
  7. Contracts can be discharged by operation of law. List the 6 types of discharge due to operation of law (ie - material alteration of the contract, statute of limitations, etc).
  8. What is waiver of breach? Give an example. Sale and Lease Contracts
  9. Article 2 of the UCC sets for the requirements for what type of contracts? Note: it does not cover real estate. And also the UCC rules change depending on whether the parties are merchants. Keep an eye out for this in the exam!!
  10. How does the UCC define a sale?
  11. How does the UCC define goods?
  12. What if the contract involves goods and services combined, sold by a merchant?
  13. How does the UCC set forth who a merchant is? Is Home Depot “a merchant”? Yes.
  14. What are leases under the UCC?
  15. What are the UCC rules when it comes to making an offer?
  1. What is a merchants firm offer? Give an example.
  2. What are the rules for acceptance when it comes to the UCC?
  3. What are the rules regarding communication of acceptance under the UCC?
  4. What are the rules regarding additional terms under the UCC?
  5. What are the rules regarding acceptance when both parties are non- merchants?
  6. What are the rules of acceptance when both parties are merchants?
  7. What are the rules regarding consideration under the UCC?
  8. What is the rule regarding the Statute of Frauds under the UCC?
  9. When does the Statute of Frauds NOT apply under the UCC (what is the exception)?
  10. Under the UCC when are existing goods “identified”?
  11. When are future goods “identified”?
  12. Once goods are identified, when does title pass from seller to buyer according to the UCC in shipment contacts?
  13. Once goods are identified, when does title pass from seller to buyer according to the UCC in destination contacts?
  14. The UCC covers “risk of loss” in the event that goods are damaged or destroyed during shipment. What are the rules in “carrier cases” (when the goods are being delivered)?
  15. What are the UCC rules when the contract does not require the goods to be shipped or delivered anywhere?
  16. What is an express warranty made by a seller or lessor?
  17. The implied warranty of merchantability applies ONLY in situations where a merchant sells the item. What is this warranty about?
  18. The implied warranty of fitness applies to all sales of goods (merchant or non-merchant) when the seller or lessor knows what 2 items?