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WorksheetsCh.11 CommonLaw Contract Defs & Discharge
Total questions: 26
Worksheet time: 14mins
A contract that gives one party the right, but not the obligation, to purchase a property within a specified time frame is called a(n):
Sales contract
Option contract
Contract for deed
Gross lease
In September, Peter assumed the good economy of the last three years would continue; he thus contracted with John to buy John's stock shares in exchange for $10,000 U.S. on November 12. However, after the sale, the market crashed in December, and Peter lost heavily. Peter:
can rescind/cancel the contract based on bilateral mistake and request restitution to get his money back.
can reform the contract.
can rescind/cancel the contract based on unilateral mistake.
cannot rescind/cancel the contract based on his unilateral mistake.
Legend Corp., a construction contractor, put in a bid to construct a high-rise commercial tower at a price of $109 million for ABC, Inc., which ABC accepted. The bid was prepared by a secretary who typed the incorrect price of $101 million rather than $109 million, making it the lowest bid by far. What is the likely result?
ABC or Legend can rescind/cancel the contract because a bilateral mistake exists.
Legend can rescind the contract if ABC should have recognized the error in the bid amount OR Legend made the error inadvertently and without gross negligence.
ABC can rescind/cance the contract because Legend made a unilateral mistake.
Legend cannot rescind/cancel the contract because ABC accepted it.
Which of the following is an example of fraudulent misrepresentation (fraud)?
The owner of a horse states, "I am selling the horse to raise funds for my ranch."
A homeowner paints a room's ceiling to conceal a leak stain from a recent roof leak, then tells the buyer, "I got all the ceilings painted recently."
A broker says to her client, " I think that this car's engine has been overhauled."
About a car he is showing a customer, the salesman asks, "Isn't she a beauty?"
Homeowner Samantha answered "no" when home inspector Isaac, on behalf of buyers Bob and Betty, asked whether her home had any termite damage pursuant to the parties' contract. One day later, Bob and Betty visited the property and discovered that the floor had collapsed from termite damage. Bob and Betty ____ the contract because of Samantha's fraudulent misrepresentation (fraud).
may not rescind, i.e., cancel
must enforce
should proceed with
may rescind, i.e., cancel
David entered into a contract to sell land to Roberta, knowing that she intended to build a high-rise commercial tower. David was aware that the subsurface soil condition would prevent high-rise construction. That condition was not readily discoverable from Roberta's visual inspections, i.e., latent. David did not disclose the condition to Roberta. David's silence as to the condition:
forces Roberta to proceed with the sale because she knew about the soil condition.
does not affect the validity of the sale.
entitles Roberta only to compensatory damages.
renders the contract voidable by Roberta and unenforceable by David.
Bob's threat -- to breach his existing contract with Lauren unless she agrees to enter into another contract with Bob -- is considered ___.
duress
undue influence
mistake
fraudulent misrepresentation
Harry threatened Jane that he would harm her family if she did not enter into a contract with him $5,000 over the normal price for his roofing service. Jane reluctantly agreed to pay the extra money. The contract as revised is ___.
voidable by either party because of bilateral mistake
voidable by Jane because of undue influence
voidable by Jane because of duress
voidable by Jane because of unilateral mistake
Hally took advantage of a confidential, trusting relationship with Gwen when they entered into a contract that benefited Hally but not Gwen. Now, upon finding out that truth, Gwen can seek to rescind the contract based on ____.
fraudulent misrepresentation
duress
dastardliness
undue influence
Harry is required to complete the roof on Jeff's house by May 5th. However, Harry would have to complete the roof within a reasonable time if ___.
the value of the contract was high
one of the parties was a government agency
no time for performance was expressly stated in the contract
a specific time was implied in the contract
If Nina in good faith performed substantially all of the terms of her contract with Mark, he ___.
can sue only for damages directly related to the breach if Nina fails to cure
is excused from further performance and can sue Nina immediately
cancel the contract
can suspend his performance until the breach is cured but not withhold performance
On October 1st, Andrew agreed to start painting a life-size portrait of Ina on November 20. However, on October 28, Andrew emailed Ina to say another commitment would prevent him from painting the portrait. Andrew's act is ___, and Ina can sue Andrew ___.
1. accord and satisfaction
2. after Nov. 20
1. quasi-contract
2. after Nov. 20
1. anticipatory repudiation
2. before Nov. 20
1. promissory estoppel
2. before Nov. 20
Kyle promised to mow Heidi's small front lawn for $60 and clean Heidi's gutters for $200 on Friday. But he only mowed the lawn on Friday, left the property, and never returned. Kyle ___.
cannot be sued by Heidi because he has substantially performed.
can recover the portion of the contract price representing the mowing but not the portion for the gutters.
risks being directed by a court to complete the gutter cleaning for free.
has no ability to recover any portion of the contract.
On March 1, Kevin contracts with Bob to buy his house for $325,000 on May 4. Which of the following would most likely be an example of the doctrine of impossibility that a court could use to terminate the contract?
A sinkhole swallowed Bob's house on May 1
The mortgage lender was so slow that Kevin missed his mortgage contingency deadline on April 10
Kevin cannot make payment on May 4 because his bank is closed for the day.
A tornado tore off a few roofing shingles and accompanying rain loosened a young tree's root system to the extent that it fell over and a limb broke through the living room window on May 1
Fred is behind on monthly payments to DuPont Credit Union regarding $5,000 he charged on his credit card. If he makes a reasonable argument to formally dispute the amount owed, and if DuPont then agrees to take 30% less than the $5,000 amount from Fred as payment in full, the parties have used ___ to discharge their obligations under contract.
novation
assignment
delegation
accord and satisfaction
Mary and Mac had 30 days to finalize their mortgage under a contract to buy Bob's home, but they failed to meet that deadline. Fifteen days after the deadline passed, Bob still had not confronted Mary & Mac about their failure to meet the contract's mortgage requirement deadline. Bob likely ___.
waived his right to enforce that deadline or any other deadline in the contract
acquiesced to impossibility
acquiesced to impracticability
waived his right to enforce that deadline
On April 2, Winston contracted to sell his house to Perry for $500,000 on July 1. Between April 2 and May 20, economic conditions caused the house and comparable houses nearby to decrease to a fair market value of $450,000. On May 20, seller Winston breached the contract. If Perry sues Winston, he can recover ___.
$525,000
$500,000
$50,000
nothing, for he hasn't really suffered any harm
On February 26, Maria contracted with Joe to fix a hole in his house's roof for $500 by March 1, and he gave her a $500 check. Maria cashed Joe's $500 check on February 27. Maria did not appear on March 1 and failed to respond to Joe's multiple voicemails and emails. To prevent spring rains from pouring into the hole, Joe rented a tarp on March 1 at $5 per day for 20 days ($100 total) until he could find a replacement contractor to fix the roof. He found a new contractor to fix the room by March 18 at a greater cost of $700. On March 7, Joe sued Maria for breach of contract, requesting restitution of ____, compensatory damages in the amount of ____ and incidental damages in the amount of _____.
1. $500
2. $200
3. $100
1. $500
2. $500
3. $100
1. $700
2. $0
3. $0
1. $700
2. $0
2. $1005
Wyatt contracted with Pete to buy Pete's farmland for $90,000. The entire sales price was not payable until the closing. Before closing, Pete changed his mind, decided to keep the land, and refused to sell to Wyatt. If Wyatt sues Pete, and if Pete has not yet sold the land to a third party, what remedy will Wyatt request? What remedy will he request if Pete already sold the land to a third party before receiving service of process?
1. Rescission and restitution
2. Compensatory damages equaling the difference between the contract price and market price
1. Compensatory damages equaling the difference between the contract price and market price
2. Specific performance
1. Specific performance
2. Compensatory damages equaling the difference between the contract price and market price
1. Compensatory damages equaling the difference between the contract price and market price
2. Rescission and restitution
Lana agrees to work as Michelle’s personal assistant for one year but dies in the ninth month of the contract. Lana’s death...
discharges the contract.
breaches the contract.
requires Lana’s estate to pay damages.
suspends performance of the contract.
Dwelling Inc. enters into a contract with Estate Management to manage and maintain Dwelling’s apartment complex. Their contract contains a clause that limits Estate’s liability except in cases of gross negligence or willful misconduct. With respect to this clause, a court would most likely...
enforce it.
reform it.
refuse to enforce it.
reallocate the risk expressed in it.
Commercial Rebuild LLC enters into a contract to remodel Dockside Marina, agreeing to use only products from Eagle Supplies. Halfway through the project, Commercial refuses to finish the job. The contract can be enforced against Commercial by...
Dockside only.
Eagle only.
Dockside or Eagle.
any interested third party, including a contracting party’s employee.
County Title Company processes information furnished by others to transfer title to real estate from Dali to Ezra. The furnished information is mistaken. The contract between Dali and Ezra may be rescinded because the mistake...
is about a material fact.
is subject to only one interpretation.
was avoidable.
affects a third party.
Reed agrees to sell his Sports Equipment store to Jantae. As part of the sale, Reed promises not to open a similar, competing store anywhere ever. This promise is most likely...
invalid because it is part of a sale of an ongoing business.
invalid because of the unreasonable terms of area and time.
valid because it is part of a sale of an ongoing business.
valid if both parties are justifiably ignorant of the facts.
Title to real estate is best defined as:
The right to occupy the property
The legal evidence of ownership
A claim against the property
Permission to use the property
What grade do you think you will get?
A
B
C
I am cooked.
