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Class 10

Authored by Randy Robinson

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Professional Development

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Class 10
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2 questions

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1.

MULTIPLE CHOICE QUESTION

2 mins • 1 pt

Owner offers a $1000 reward for the return of his lost dog Sparky. Jogger, unaware of Owner's offer, happens across Sparky while out on his run, corrals Sparky and returns him to Owner. Owner thanks Jogger and they part ways. On the way home, Jogger sees a flier advertising the $1000 reward for return of Sparky. Upset, she returns to Owner's home and asks for the reward. Owner refuses and Jogger brings suit for breach of contract, who prevails?

Owner, because offers are reward are not legally enforceable contracts.

Owner, because Offeree could not have assented to the terms of an offer she did not know existed.

Jogger, because she completed the performance required by the offer.

Jogger, because Owner received the benefit he bargained for.

2.

MULTIPLE CHOICE QUESTION

2 mins • 1 pt

Collector and Broker enter into a written agreement for the sale of Collector's extensive collection of clown paintings. As part of the agreement, Collector agrees to compensate Broker by paying her a 5% commission on the sale price.The agreement states that Broker has seven days to accept Collector's offer, and can only do so by securing a buyer who tenders the full asking price of $2 million.Broker immediately goes to work soliciting potential buyers.Unknown to Broker, the next day Collector sells his collection to his nephew for $2 million.The following day, Broker secures a buyer and presents Collector with a fully executed sales contract complete with payment.Collector tells Broker, "I'm sorry, I already sold the art collection, and I will not be paying your commission."If Broker sues Collector for breach of contract in a jurisdiction that applies the modern Restatement rule, who would prevail?

Collector, because there was no consideration given for the promise to hold the offer open for seven days.

Collector, because the sale to his nephew indirectly revoked the offer.

Broker, because she detrimentally relied on Collector's promise.

Broker, because Broker's beginning performance created a binding option contract making Collector's offer irrevocable for seven days.

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