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LAW200: MCQ CONSIDERATION & MUTUAL AGREEMENT

Total questions: 33

Worksheet time: 26mins

Name
Class
Date
1.

In order for the consideration requirement in contracts to be met:

a)

the consideration given by each party must be of roughly equal value.

b)

each party must give consideration.

c)

the consideration must have monetary value.

d)

the consideration must consist of some form of property

2.

Which of the following meets the requirements of consideration?

a)

A promise without a binding obligation

b)

A promise not to engage in a crime or tort

c)

A promise to do a preexisting duty

d)

A promise that involves the exchange of a legal value

3.

Consideration can be a(n) _____ in the case of a unilateral contract.

a)

act

b)

security

c)

guarantee

d)

promise

4.

In deciding whether consideration necessary to form a contract exists, a court must determine whether:

a)

the consideration conforms to the subjective intent of the parties.

b)

the consideration has sufficient monetary value

c)

there is mutuality of consideration

d)

A. the consideration given by each party is of roughly equal value.

5.

In order to satisfy the consideration requirement to form a contract, the consideration exchanged by the parties must:

a)

have a monetary value

b)

conform to the parties' subjective intent

c)

have approximately the same value

d)

be legally sufficient

6.

Daniel is a senior at State University. Brian, Daniel's father, is concerned about Daniel's study habits, given that Daniel spends most of his evenings at the campus pub instead of the library. Brian promises Daniel that he will send him on an expense-paid trip to Europe after his graduation if Daniel spends at least five evenings a week studying in the campus library for the remainder of his senior year. After returning home from his graduation, Daniel asks Brian about the European trip. Brian replies, "Your education was your reward. I don't owe you a trip to Europe." Brian is:

a)

correct; Daniel has already gained the benefit of the bargain

b)

correct; Daniel did not give anything of legal value

c)

incorrect; Brian owes Daniel a trip to Europe because Daniel's acts are consideration

d)

incorrect, but only if Daniel's acts are adequate consideration for such an expensive trip

7.

Consideration can be a(n) _____ in the case of a bilateral contract

a)

act

b)

promise

c)

gift

d)

exchange

8.

Dan, President of BAZ Co., is happy with the extraordinary performance of Naomi, a BAZ Co. senior accountant. Dan informs Naomi that because of her superlative work in the past fiscal year, he is going to give her a 5 percent raise effective next month. Naomi, who has never heard of anyone at BAZ Co. getting a raise, is thrilled and thanks Dan. Later that day, Dan realizes that giving Naomi this raise might cause all senior accountants to demand salary increases. Dan decides not to give Naomi a raise after all. He believes that his promise to give her a raise is not legally binding. Dan is correct because:

a)

there was no bargained-for exchange for the raise

b)

of the "preexisting duty" rule

c)

past consideration is not an act or promise

d)

past consideration is not liquidated

9.

Joe and Jack have a written contract whereby Joe agrees to sell Jack a plot of land for $100,000. Later, without terminating the first contract, the parties modify the deal so that Joe sells Jack the same plot of land for $125,000. The second agreement is not a contract because:

a)

the first contract was not terminated

b)

there is no consideration for Jack's promise

c)

Joe's promise is illusory

d)

written contracts for the sale of land cannot be modified

10.

Can a local businessman pay a police officer $50 a week to watch the business more closely?

a)

Yes, as long as the contract is registered with the Secretary of State

b)

Yes, as long as $50 is reasonable amount to watch the business

c)

No, Public Officials cannot give consideration on duties already supposed to perform

d)

Yes, as long as a court reviews the contract within 30 days

11.

The general common law rule on contract modifications holds that an agreement to modify an existing contract requires a(n):

a)

new and independent consideration

b)

inclusion of a new party to the contract

c)

necessary increase in the value of the exchange

d)

economic exchange of substantial value

12.

Why is past consideration not a consideration in a present promise?

a)

It involves an issue of moral obligation.

b)

It falls under exceptions to consideration

c)

It is not covered under the UCC codes for consideration

d)

It does not pertain to the present exchange

13.

Helen worked for ABC Motors for 25 years. The president of ABC said to her: "In consideration of your past service for 25 years, I promise to give you a new car next week." However, he did not give the car. Is this promise legally enforceable?

a)

Yes, a contract was formed

b)

No, legal consideration is absent

c)

Yes, promissory estoppel requires enforcement of the promise

d)

No, legal capacity is absent

14.

Gift promises are not generally enforceable because they lack:

a)

consideration

b)

capacity

c)

legality

d)

agreement

15.

Which of the following is an exception to a consideration requirement?

a)

Bargained-for exchange

b)

Adequacy of consideration

c)

Nominal consideration

d)

Charitable subscription

16.

Mr. Blue gave Mr. Green $1000 to help his family out. Later Mr. Blue entered into a sales contract with Mr. Green and wanted the consideration to be in part the $1000. What is the term for the $1000?

a)

Equitable exchange

b)

Past Consideration

c)

Future Consideration

d)

Present Intent

17.

Contracts that are induced by misrepresentation are considered:

a)

fraudulent

b)

enforceable

c)

voidable

d)

material

18.

One of the differences between fraud and misrepresentation is that:

a)

in fraud cases, the injured party has the option of suing for monetary damages

b)

there is a requirement of materiality in fraud cases

c)

misrepresentation requires scienter

d)

a false statement of opinion cannot be the basis for a claim of misrepresentation

19.

Which of the following is often taken to be the equivalent of an assertion?

a)

Oversight

b)

Materiality

c)

Reliance

d)

Concealment

20.

A fact is considered to be material in a misrepresentation case when:

a)

the misrepresentation is considered to be innocent

b)

it plays an important role in inducing a person to enter into a contract

c)

it is relied upon by a person, even though it could not possibly be true

d)

it is similar to an opinion or promise about some future happening

21.

The main difference between concealment and nondisclosure is that:

a)

punitive damages are available in a nondisclosure case, but not a concealment case

b)

a tort suit is possible in a concealment case, but not in a nondisclosure case

c)

nondisclosure is always regarded as an assertion of fact, while concealment may or may not be an assertion of fact

d)

concealment is always regarded as an assertion of fact, while non disclosure may or may not amount to such an assertion

22.

Which of the following statements, if false, is most likely to create liability for fraud or misrepresentation?

a)

"This crane will lift a 10,000-pound load."

b)

"This rare antique chair probably is worth $10,000."

c)

"This car is a perfect gem."

d)

"In my opinion, this car is in flawless mechanical condition."

23.

Joe sells his business to Shirley. During the negotiations, Joe negligently tells Shirley that the business has earned a profit for the last five years. In reality, the business operated at a loss for each of those years. However, Shirley did not hear Joe's misstatement. Shirley cannot rescind the contract because:

a)

Joe's misstatement was not material

b)

Joe's false statement was negligent rather than intentional

c)

Shirley did not actually rely on Joe's misstatement

d)

an untrue assertion of fact was made

24.

David entered into a contract to sell Ruth a parcel of land fully aware that Ruth's intention of purchase was to construct a high-rise commercial building. David was also aware that the subsurface soil condition of the property would prevent such construction. The soil condition was not readily discoverable in the course of normal inspections or soil evaluations. David did not disclose the existence of the condition to Ruth, nor did Ruth make any inquiry of David as to the suitability of the land for the intended development. David's silence as to the soil condition:

a)

entitles Ruth only to monetary damages

b)

renders the contract voidable at Ruth's discretion

c)

makes the contract a case of a mutual mistake

d)

does not affect the validity of the contract

25.

_____ is a wrongful coercion that induces a person to enter or modify a contract.

a)

Duress

b)

Mistake

c)

Deceit

d)

Fraud

26.

Which of the following elements establishes a case of duress?

a)

An assertion was made with knowledge of its falsity

b)

There is an untrue assertion of a fact

c)

The contract was induced by improper threat

d)

There is a mistake about the basic assumption of the contract

27.

Bob's threat to breach an existing contract unless Lauren makes another contract with Bob is considered:

a)

an element of duress, because breach of an existing contract violates a criminal statute

b)

not an element of duress, because it does not involve physical force

c)

an element of duress, depending mainly on the coerciveness of the threat

d)

not an element of duress, because breaking a contract normally does not violate a criminal statute

28.

In order for a purchaser of land to avoid a contract with the seller based on duress, it must be shown that the seller's improper threats:

a)

influenced the purchaser to assent as there were no reasonable alternatives

b)

actually induced the purchaser to assent to the contract

c)

were due to his position of dominance with the purchaser

d)

were due to his relationship with the purchaser

29.

Geometry Co. manufactures microchips for electrical products. Jojoba monopolizes the supply of gallium arsenide, which is used heavily in the manufacturing of microchips. Because of this monopoly and the demand for microchips, Geometry enters into a long-standing agreement with Jojoba for 20 years. For the first couple of years, due to the huge demand for the microchips, Geometry insisted on timely delivery of the raw material. However, once the demand slumped, Geometry asserted economic duress to avoid the contract. Will Geometry be successful?

a)

Yes, because Geometry was forced to enter the contract due to Jojoba's monopoly over the supply of the raw material. The consent was not free

b)

No, because the facts prove that Jojoba had not caused any undue duress

c)

Yes, because there was economic duress and thus the contract is voidable at Geometry & Co.'s discretion

d)

No, because Geometry has already taken benefits under the contract for two years

30.

An important difference between duress and undue influence is that:

a)

duress is wrongful coercion, while undue influence is unfair persuasion

b)

duress involves physical compulsion, while undue influence involves economic compulsion

c)

duress occurs in a relationship of trust, while undue influence employs improper threat

d)

the scope of duress has contracted since the 19th century, while the scope of undue influence has expanded since the 19th century

31.

Which of the following is most likely to constitute undue influence?

a)

A firm demanding more in terms of pricing by withholding essential supplies

b)

A clergyman using a parishioner's emotional susceptibility to get the parishioner to contract with the clergyman

c)

Threatening to commence a frivolous criminal prosecution against someone, in order to get them to contract with you

d)

Grabbing someone's hand and forcing them to sign on a contract you have prepared

32.

Hally took advantage of a confidential, trusting relationship with Gwyn when they entered into a contract. Now, Gwyn can seek remedy based on:

a)

undue influence

b)

unconscionability

c)

fraud in the execution

d)

duress

33.

Jerry owns a parcel of land. Nate, one of Jerry's closest friends and an attorney, has persuaded Jerry to sell the land to Nate at a price substantially below fair market value. At the time Jerry sold the land, he was resting in a nursing home recovering from a serious illness. If Jerry desires to set aside the sale, which of the following causes of action is most likely to be successful?

a)

Duress

b)

Undue influence

c)

Fraud

d)

Misrepresentation