WorksheetsCh.10-12 Contracts Next Level
Total questions: 18
Worksheet time: 13mins
Kay, an art collector, promised Harry, an art student, that if Harry could obtain certain rare artifacts within two weeks, Kay would pay for Harry's post‐graduate education. Harry obtained the specified artifacts within two weeks at considerable effort and expense. When Harry requested payment, Kay refused, claiming his consideration was absent. Harry would __ based on __:
Win; Unilateral Contract because his performance was the consideration and his acceptance
Lose; Bilateral Contract because he did not accept Kay's offer.
Zoe hired Randy to sand and stain her dining room table for $4,000. However, Zoe then canceled the contract, causing a breach. After spending $100 on advertising and travel to several farmers' markets, Randy found another repair job for $3,000. If Randy sues Zoe for breach and wins, he can likely recover:
$4,000 compensatory damages
$1,000 compensatory damages
$1,100
($1,000 compensatory damages plus $100 incidentals equal to the amount he spent to find the other job)
When the local bakery, Acme, eliminated 45-year-old Janet's position as the head baker, they entered into a separation agreement. In this agreement, Janet agreed not to bake for any other local bakery or disclose Acme's secret recipes for 12 months in exchange for Acme giving her $735,000. After 12 months, Janet went to work for RPG, Acme's competitor, at a salary of $125,000 and disclosed Acme's secret recipes to RPG. If Acme successfully sues Janet, it will likely obtain:
$0
$735,000 (the severance payment)
$125,000 (her new salary)
$860,000 (severance plus her new salary)
In March 2021, Lily had a contract to sell her apartment to Priya for $239,000 with closing set for June 30, 2021. In April 2021, Priya demanded that the contract to buy Lily's apartment be made contingent on sale of Priya's current apartment. Lily refused to amend the contract. Priya stopped responding to Lily's communications and did not close on the apartment. Lily relisted the apartment for $219,000 and Anika purchased it for that price. Lily then sued Priya and won. If expert testimony concludes that factors including 1) other sales in the neighborhood and 2) the actual sale price support a fair market value of $219,000, what amount will Lily's damages likely be?
$0
$239,000
$20,000
$219,000
Evelyn purchased a house at a foreclosure sale for $193,000 but later breached the contract. The court relisted the property, and Sophia, the first-resale buyer, also breached her $163,000 contract. The court relisted the property again, and Aria, the second resale buyer, breached her $130,000 contract. For what amount of damages is Evelyn, the first buyer, liable?
$193,000
$30,000
$63,000
$93,000
Zoe agreed to buy Abigail's lakeside home for $1.5M and deposited $25K as a down payment. Later, after a dispute over terms and contingencies arose between them, Abigail sent Zoe a time-is-of-the-essence notice to preserve the issue for the court. Zoe failed to respond to the notice or appear at closing and instead bought Henry's home for a similar amount. Zoe then sued Abigail for the $25K down payment. Will a court award Zoe her $25K down payment, and what equitable remedy is Zoe requesting?
Yes
Restitution
No
Restitution
Yes
Specific Performance
No
Rescission
Ames County contracted with Luten Construction Co. to construct a bridge at a cost of $100,000. Luten had expenses of $80,000, which meant its net profit from the contract would be $20,000. The contract specified that Luten would earn $50,000 at the halfway point and another $50,000 at completion, but that payment would only be made upon its satisfactory completion. Luten met the first, halfway point deadline. During the second stage, the County anticipatorily breached/repudiated the contract. However, Luten kept working. What are Luten's damages?
$100,000
$50,000
$60,000
$40,000
Len granted Nate a written option to buy a tract of land in an industrial park. The option stated that it was irrevocable for 11 days and was given for $20 and other valuable consideration. Nate does not give Len $20 or any other other valuable consideration. Which of the following is a correct statement regarding the option in question?
Since real property is involved, Nate’s acceptance must be contained in a signed writing if Nate desires to enforce it against Len.
It is a valid option contract enforceable for the 11‐day period.
Nate's acceptance must be received at Love’s place of business before the expiration of the 11 days.
It is unenforceable because it lacks consideration.
The text of the letter from Bridge Builders, Inc. to Allied Steel Co. is as follows:
"We offer to purchase 10,000 tons of steel pipe at today's quoted price for delivery two months from today. Your acceptance must be received in five days." Bridge Builders intended to create a(n):
UCC bilateral contract
UCC unilateral contract
Common Law bilateral contract
Common Law unilateral contract
Under the UCC, if a buyer wrongfully rejects goods, the aggrieved seller may:
Do nothing.
Resell the goods.
Sue for any damages.
Rescind the contract.
Bob's Gas and Valero Energy contracted to have Valero be the exclusive provider of Bob's oil for 3 months. The stated price was subject to increases capped at 10% if the market price increased. The market price rose 25%, and Bob's tripled its normal order from Valero. If Valero sought to avoid performing on Bob's 3x order, Valero's best argument would be that:
The parties lacked a meeting of the minds.
The contract was unconscionable.
The quantity was not definite/certain enough.
Bob ordered amounts of oil unreasonably greater than its normal requirement.
On Monday, Accountant Dan entered into a written contract with Kingsley to perform certain tax services for Kingsley and she gave asset and liability reports to assist him perform those services. On Thursday, Kingsley received an assessment for additional taxes. Kingsley wished to appeal the assessment, and the government required her to file her appeal by Friday at 5:00 PM. The work papers given to Dan were necessary to appeal, so she called him to request them. Dan refused to furnish Kingsley with the work papers unless he was paid a substantially higher fee than was outlined in the contract. Reese reluctantly agreed to the higher fee to meet the filing deadline. The contract as revised is:
Voidable by Kingsley and unenforceable based on undue influence.
Voidable by Kingsley and unenforceable based on duress.
Void based on undue influence.
Void based on duress.
If a seller was reasonably unaware that a stereo was old, the buyer who relied would be entitled to __.
If a seller told a buyer that a stereo was practically new to induce them to purchase even though it was five years old and heavily used, the buyer would be entitled to __.
Compensatory damages in addition to rescission and restitution;
Rescission and restitution only.
Rescission and restitution only;
Rescission, restitution, and compensatory damages.
Accountant Gil entered into a contract with Bic Corp to perform management advisory services for Bic. If Lark repudiated the contract before the date performance was due to begin, which of the following is FALSE?
Bic can successfully maintain an action for breach of contract before the date performance is due to begin.
Bic can obtain a judgment for the monetary damages it incurred as a result of the repudiation.
Bic must mitigate damages by attempting to find a replacement accountant advisor.
Bic can obtain a judgment ordering Gil to perform.
Orange, a computer manufacturer, contracted to sell 15 computers to Worst Buy, a computer retailer. The contract specified delivery would be by truck to Worst Buy's warehouse. Orange instead shipped the computers by rail. Worst Buy refused to pay for the shipment despite Orange meeting the delivery date, arguing that Orange did not comply with the contract. If Orange chose rail because of a trucker’s strike in its area, Worst Buy:
Is obligated to pay for the computers because Yost made a valid substituted performance.
Is obligated to pay because title passed to Worst Buy upon receipt.
May return the computers and avoid paying for them because of the way Orange delivered them.
May return the computers and avoid paying for them because the contract was void under the theory of commercial impracticability.
Fred leased 10 drones from drone manufacturer HiCorp. The lease provided for monthly payments of $2,000 per month for 60 months. Fred had an option to purchase the 10 drones for $200 upon completion of the 60 payments. Assuming Fred makes all payments and exercises the option, which of the following statements is TRUE/CORRECT?
Fred lacks an insurable interest in the drones until he exercises the option to purchase them.
Title to the drones passes to Fred after Fred exercises the option.
Fred obtains an insurable interest when existing goods are identified to the lease contract.
HiCorp retains an insurable interest until Fred exercises the option to buy and risk of loss passes to Fred.
Ben telephoned CoolCorp to order a specially manufactured air conditioner for $1,900. Later, Ben realized that he miscalculated the area which was to be cooled and concluded that the air conditioner would be insufficient and unacceptable. CoolCorp had already completed work on the air conditioner, demanded payment, and was unable to resell the unit at a reasonable price. If Ben refuses to pay and CoolCorp brings an action seeking as damages the price plus reasonable storage charges of $50, CoolCorp will recover:
Nothing, because of the Statute of Frauds
Only $1,900 (compensatory damages).
The full $1,950 ($1,900 compensatory, plus $50 incidental)
On April 5, Acer, Inc. furnished Bob Corp. with Acers financial statements dated March 31. The financial statements contained misrepresentations that indicated Ace was solvent when it was insolvent. Based on Acer’s financial statements, Bob agreed to sell Acer 90 computers, “FOB—Bob’s loading dock.” On April 14, Acer received 60 of the computers. The remaining 30 computers are in transit with a common carrier. Regarding the 30 computers in transit, which of the following statements is correct if Acer refuses to pay Bob in cash and Acer does not have a negotiable document of title covering the computers?
Bob may stop delivery of the computers to Acer since their contract is void due to Acer’s false financial statements.
Bob may stop delivery of the computers to Acer even though title already passed to Acer.
Bob must deliver the computers to Acer on credit since Acer has not breached the contract.
Bob must deliver the computers to Acer since the risk of loss had passed to Acer.
