Law 4 - The Legal Environment of Business » Spring 2020 » Midterm Exam 2
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Question #1
A valid contract can legally be voided by either party.
A.
FALSE
B.
TRUE
Question #2
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 stretches her hand towards him attempting to hand Sven $2,000 cash. Sven does nothing. A contract exists.
A.
FALSE
B.
TRUE
Question #3
If a court finds as a matter of law that a clause of a contract was unconscionable at the time the contract was made, the court must refuse to enforce the contract.
A.
TRUE
B.
FALSE
Question #4
An offeror can require that the offer be accepted in a specific manner.
A.
TRUE
B.
FALSE
Question #5
Roger, a minor, buys a stereo from Tuneland, Inc. Roger uses the stereo for a few months, returns it to Tuneland, and demands his money back. Roger may return the stereo and he does not have to pay for the use of the stereo or the damages
A.
TRUE
B.
FALSE
Question #6
A partnership is a taxable entity, separate from the partners.
A.
TRUE
B.
FALSE
Question #7
An agreement may violate public policy even if the agreement does not require a party to commit a crime, tort, or violate a statute.
A.
TRUE
B.
FALSE
Question #8
Invitations to bargain are not offers.
A.
FALSE
B.
TRUE
Question #9
In seeking to determine whether there is a meeting of the minds, the courts look to how a reasonable person would objectively view the language or actions of the parties.
A.
FALSE
B.
TRUE
Question #10
Three types of consideration that one can give are promise, exchange, and actions.
A.
TRUE
B.
FALSE
Question #11
A party injured by fraud generally has the choice of suing for damages or rescinding the contract.
A.
FALSE
B.
TRUE
Question #12
Upon the recommendation of a friend, Hope hires Joey to rewire her kitchen and he completes the work within the time agreed. Then Hope finds out that Joey is not a licensed electrician, and she refuses to pay him for the work. A court will enforce the agreement because otherwise Hope would be unjustly enriched.
A.
TRUE
B.
FALSE
Question #13
Generally, a contract may include language that limits or alters the damages recoverable, as long as the restrictions do not include intentional acts or gross negligence.
A.
FALSE
B.
TRUE
Question #14
Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is executory.
A.
FALSE
B.
TRUE
Question #15
Ron and Don make a written agreement for Ron to wash Don’s car every week. They agree on price, schedule and payment terms. After Ron washed Don’s car the first week, Don refused to pay because he claimed that Ron had agreed to wax the car as well. There is no mention of waxing in the written agreement. What is true?
A.
Don must pay the value of the benefit received, but doesn’t have to pay the full price because Ron did not wax the car.
B.
If waxing had been discussed, Ron must wax the car before he can get paid.
C.
Don must prove that Ron was supposed to wax the car by showing the notes he took during their negotiations.
D.
Ron is under no obligation to wax the car, even if Ron and Don had discussed the possibility.
Question #16
The offeror is the master of her offer means that the offeror can:
A.
ensure the contract is legally enforceable.
B.
revoke the offer any time before acceptance.
C.
provide consideration as a substitute for the offer.
D.
accept the offer any time before termination.
Question #17
Eintz Corp. hired Jose to bribe a foreign government official into awarding a $3 million contract to Eintz. Eintz gave Jose $10,000 in cash to make the bribe payment and $2000 for Jose's efforts. Bribes are illegal. Instead of paying the bribe, Jose kept all of the money. If Eintz sues Jose, Eintz will:
A.
Be able to recover the $3 million lost on the contract.
B.
Be able to recover the $2,000 but not the $10,000.
C.
Not be able to recover the $12,000.
D.
Be able to recover the $12,000.
Question #18
Larry goes to his barber who has cut his hair for the past several years. Larry walks in, sits down, and the barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area. When the barber was done, Larry paid him and left. Larry did not tell the barber the style of cut he wanted nor did they discuss price. This is an example of a:
A.
unilateral, express contract.
B.
bilateral, express contract.
C.
unilateral, implied contract.
D.
bilateral, implied contract.
Question #19
Bernie owes a disputed amount to Wilde’s Heating & Air Conditioning. Which of the following is true?
A.
If the parties agree to settle for less than the full amount, there is no consideration to make the agreement enforceable.
B.
If Wilde’s agrees to accept less than the full amount, the agreement is only binding if it is in writing and signed by Bernie.
C.
The disputed amount is also known as an unliquidated amount.
D.
If Wilde’s agrees to accept less than the full amount as full payment, the agreement is not binding.
Question #20
"I'll sell you my car if I decide to sell it" is an example of:
A.
a unilateral contract.
B.
an unliquidated offer.
C.
an illusory promise.
D.
a conditional offer.
Question #21
Walter worked nights as a clerk in a fast-food store. On his last work shift, Walter's boss told him, "I'm really grateful for the year that you have worked here. I am going to give you a bonus of $1,000 in your last paycheck, but I need you to cover Johnny’s shift for me and stay a little later." In response, Walter stayed later and covered Johnny’s shift. When Walter got his last paycheck, there was no bonus. If Walter sues, the likely result will be:
A.
Walter will lose based upon the preexisting duty rule.
B.
Walter will win, as the promise is enforceable.
C.
Walter will win, as no consideration is required to modify an employment contract.
D.
Walter will lose because he can’t use past acts to satisfy consideration.
Question #22
Debra and Lawrence have an equal partnership. This year, after expenses, the partnership had a profit of $200,000. Debra and Lawrence will each pay taxes on:
A.
whatever they receive from the partnership.
B.
$50,000
C.
$100,000.
D.
None of the above. The partnership itself will pay the taxes on the business’s profit.
Question #23
The common law governs contracts for:
A.
real estate.
B.
services.
C.
employment.
D.
All of the above.
Question #24
Which of the following relationships will ordinarily not create an insurable interest?
A.
Debtor and creditor.
B.
Husband and wife.
C.
Chief executive officer and corporation.
D.
Doctor and patient.
Question #25
Which of the following is an example of an exculpatory clause?
A.
Buyer agrees to pay any costs of litigation.
B.
Creditor charges 38% interest on a loan.
C.
Employee agrees to never work for a competing company.
D.
Seller is not responsible for property damage regardless of the cause of the injury.
Question #26
Myrtle comes home from work one evening. While cooking dinner, she sees a man outside cutting her lawn and waves hello to him and gives him a thumbs up. Later, the man comes to collect for the yard work done. Myrtle refuses to pay for the work since she has never seen the man before that night and did not hire him to do her yard work. Which of the following answers is most accurate?
A.
This is an express, voidable contract that either party may avoid.
B.
The court would order Myrtle to pay the reasonable value of the yard work because of the benefit conferred on her.
C.
Myrtle would not have to pay for the yard work.
D.
This is an implied, unilateral contract and she must pay the price requested by the man.
Question #27
All the business forms listed below have limited liability except the:
A.
corporation.
B.
general partnership.
C.
S corporation.
D.
limited liability company.
Question #28
Which of the following is NOT an element to a valid contract?
A.
Offer
B.
Consideration
C.
Legality
D.
Performance
Question #29
A minor can disaffirm a contract:
A.
at any time so long as the contract was created when they were a minor.
B.
if they misrepresent their age.
C.
when it provides them with necessities.
D.
as long as they are they age of minority.
Question #30
A full integration means:
A.
the contract was a full and final oral explanation of the parties’ agreement.
B.
the contract has been fully performed by both parties.
C.
the written agreement is a full and final expression of the parties’ agreement.
D.
the Statute of Frauds applies.
Question #31
If Becky promises not to drink alcohol until she becomes a legal adult in exchange for Ben's promise of $1,000, the agreement is:
A.
enforceable because Becky is giving up the right to do something she would otherwise be entitled to do.
B.
not enforceable because Becky is a minor and could disaffirm the contract.
C.
not enforceable because Becky does not have a legal right to drink alcohol.
D.
enforceable because the agreement accomplishes Ben's goal of keeping Becky from drinking.
Question #32
Rachel and Cyndi started a retail business called Zebra Toy Company. The business is operated as a partnership. Under partnership law:
A.
Cyndi is personally liable for any negligent act committed by Rachel in the scope of the business activity.
B.
Rachel is personally liable for any business debts, regardless of whether she or Cyndi created the obligation.
C.
Rachel is personally liable for any business contracts entered into by Cyndi.
D.
All the above.
Question #33
The Mailbox Rule states:
A.
acceptance is deemed when received.
B.
acceptance must mirror the offer.
C.
acceptance is deemed when dispatched.
D.
written contracts must be signed and mailed.
Question #34
Which of the following is most likely to constitute fraud?
A.
A false prediction that a painting’s value will rise.
B.
Silence as to a toxic waste problem on real property that the buyer would not reasonable be able to find or see after investigating.
C.
A false statement that a $30,000 car attracts members of the opposite sex.
D.
A false statement that a used car is “the best deal in town.”
Question #35
The business form that is taxed as a partnership and gives all owners limited liability, is:
A.
A limited partnership.
B.
A close corporation.
C.
A limited liability company.
D.
A general partnership.
Question #36
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?
A.
The law would not enforce Jane's promise, as it does not have a lawful purpose.
B.
Jane would win as this is a voidable contract.
C.
The law would enforce this valid, enforceable contract.
D.
Shelly would win as this is a unilateral contract.
Question #37
The basic distinction between a bilateral contract and a unilateral contract is that:
A.
one is enforceable, the other is not.
B.
only one promise is involved in a bilateral contract.
C.
only one promise is involved in a unilateral contract.
D.
the Statute of Frauds applies to one and not the other.
Question #38
The courts will find an implied contract when:
A.
justice demands it.
B.
there is undue influence.
C.
conduct of the parties indicates they intended an agreement.
D.
there is promissory estoppel.
Question #39
Mona co-signs a promissory note with her daughter Beth so Beth can purchase her first car. Mona will be discharged from her obligation on the note:
A.
Only if Mona pays half of the value of the note.
B.
If Beth pays the obligation in full under the terms of the note.
C.
When Beth turns 18.
D.
Only if Mona dies before Beth’s obligation is discharged.
Question #40
Mike owns a house in a poor area of a large city. Mike is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Mike signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Mike thought he was signing a permission slip allowing the salesman to conduct a free water test to determine the toxins in the water. How would a court most likely describe this contract?
A.
The contract is unenforceable because it is exculpatory.
B.
The contract is unenforceable because it is unconscionable.
C.
The contract is fully enforceable as written.
D.
The contract is enforceable, but only up to the value of the water system.
Question #41
All of the following are characteristics of a closely held corporation EXCEPT:
A.
the corporation can typically operate without a board of directors.
B.
the shareholders usually restrict share transfer.
C.
the shares are publicly traded.
D.
minority shareholders are provided more protection than in regular corporations.
Question #42
On January 16, Deb offers to sell her waterbed to Colleen for $600. Colleen accepts and agrees to pay Deb $600 on January 27. Which of the following is correct?
A.
On January 16, the contract was executed.
B.
On January 16, the contract was executory.
C.
This contract is a unilateral contract.
D.
There is no contract until January 27.
Question #43
Walter enters a dentist office and points to a damaged tooth. The dentist, Matt, treats the tooth. If Walter refused to pay and Matt sued:
A.
Matt would win in quantum meruit.
B.
Walter would win because of the UCC.
C.
Walter would win as there was no contract.
D.
Matt would win; this is an implied contract.
Question #44
Which of the following would not typically be personally liable for the debts of the business?
A.
A sole proprietor.
B.
A partner in a general partnership.
C.
A limited partner in a limited partnership.
D.
A general partner in a limited partnership.
Question #45
Jill was a limited partner in a retail business that was sued by a customer who fell in the store. The customer claimed the business was negligent in caring for its floors. Which statement best describes Jill's potential personal liability?
A.
Jill is personally liable, but the woman must first collect from the general partners before collecting from Jill.
B.
Jill can only be liable to the amount of her investment.
C.
Jill can be held personally liable to the customer since she is a partner.
D.
Jill has no potential liability to the customer.
Question #46
Jennifer has offered to sell her laptop computer for $750 to Jack. She tells Jack that the computer is only six months old but, in fact, it is three years old, and Jennifer wants to unload the bad computer. Jack agrees to buy the computer based on Jennifer's representations. This contract is:
A.
a void contract because of the UCC.
B.
a voidable contract, one that Jennifer can void.
C.
a void agreement because of the fraud involved.
D.
a voidable contract, one that Jack can void.
Question #47
Pierre left a message on Shayna’s voicemail stating, “Hey Shayna. Regarding that painting we talked about. I changed my mind and I do want to sell it. So I’ll let you have it for a steal at $350. There are lots of people that want it so let me know if you don’t ASAP. I’ll assume you do want it if I don’t hear from you within an hour. Thanks!” This is not a valid contract and Shayna would not be required to purchase painting due to the lack of a(n):
A.
It does not lack any elements. It is a valid contract
B.
Acceptance
C.
Offer
D.
Consideration
Question #48
A principle that creates a contract out of fairness and justice, even though the contract elements are not present is called:
A.
Mailbox Rule.
B.
Utilitarian.
C.
Perfect Tender.
D.
Quasi Contract.
Question #49
The principle that allows for discharge of Xi’s contract with Wen because they both agreed that Xi could deliver the fruit on Thursday instead of the original requirement of Tuesday delivery is called:
A.
Substantial performance.
B.
Rescission.
C.
Accord and Satisfaction.
D.
Substitution.
Question #50
Chuey is paying Serafina to detail and wash his car. In the contract, he wanted both of them to agree beforehand that if Serafina scratched the paint, Chuey would have to get a completely new paint job and Serafina would owe him $3,500, the reasonable estimated cost of a new paint job. This predetermined $3,500 payment in the contract is an example of:
A.
Liquidated Damages.
B.
Special Damages.
C.
Compensatory Damages.
D.
Statutory Damages.
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