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Engler BLAW Exam 3

Total questions: 135

Worksheet time: 1hrs 8mins

Name
Class
Date
1.

All contracts must have mutual ______ or _________ in any contract.

(a)  

2.
Unilateral vs. Bilateral Contracts
4 lines
3.
Formal vs. Informal contracts
4 lines
4.
Can a formal contract be not stated?
4 lines
5.

All contracts are _________, _______ __ ____ or _______ __ ___

(a)  

6.
Example of implied in fact contracts
4 lines
7.

Contracts implied in law are (a)   contracts.

8.
Contracts implied in law...
4 lines
9.
Example of contract implied in law
4 lines
10.
Executed vs. Executory contracts
4 lines
11.
Valid vs. Void vs. Voidable and/or unenforceable
4 lines
12.
UCC (Uniform Commercial Code) deals with...
4 lines
13.
T/F: The UCC is the same/uniform in all 50 states
4 lines
14.
CLCL (Common Law Contract Law) deals with
4 lines
15.
Formula for CLCL contracts
4 lines
16.
Who has the power of acceptance in an offer?
4 lines
17.
3 Requirements to an offer
4 lines
18.
8 ways to terminate an offer
4 lines
19.
A counter offer is also a...
4 lines
20.
Can you have a contract under CLCL if you do not include the price/quantity?
4 lines
21.
2 components of acceptance (CLCL)
4 lines
22.
Does silence constitute acceptance under CLCL
4 lines
23.
Does silence constitute acceptance under UCC
4 lines
24.
Mailbox Rule (Effective Moment) (Only deals with physical mail, not things like email) (2 parts)
4 lines
25.
CLCL does not have a firm offer. This means...
4 lines
26.
If you put an offer in writing under the UCC can it be taken back?
4 lines
27.
4 things that can mess up mutual assent
4 lines
28.
Contracts made with undue influence are...
4 lines
29.
What is undue influence.
4 lines
30.

Contracts made through physical duress are _____. Contracts made through emotional/psychological duress are _____.

(a)  

31.
What is duress
4 lines
32.

Fraudulent contracts are _____ if in the execution and _____ if in the inducement.

(a)  

33.
2 types of fraud
4 lines
34.
Fraud in the execution means...
4 lines
35.
Fraud in the inducement of a contract means/involves...
4 lines
36.
Is exaggeration fraud?
4 lines
37.
2 types of mistakes
4 lines
38.

Unilateral mistakes can be _____ or _____. Bilateral mistakes are _____.

(a)  

39.
Consideration consists of...
4 lines
40.
Consideration is only binding if...
4 lines
41.
Money is not always consideration, money can also be...
4 lines
42.
T/F: A promise for a promise can't be consideration
4 lines
43.
2 ways consideration is looked at
4 lines
44.
Legally sufficient deals with...
4 lines
45.
Two areas of inquiry with regards to legal sufficiency
4 lines
46.
Consideration with regards to pre-existing duty.
4 lines
47.
Consideration with regards to past consideration
4 lines
48.
Legally adequate consideration deals with...
4 lines
49.
If courts find legal sufficiency, they generally (will/will not) question adequacy.
4 lines
50.
Illegal agreements are...
4 lines
51.
Some agreements aren't illegal, but the courts do not like them because they are against good public policy and limit people's rights. Two of these are...
4 lines
52.
What is a covenant not to compete?
4 lines
53.
What is an exculpatory provision
4 lines
54.
3 areas where you do not have the mental capacity to enter a contract
4 lines
55.
Contracts made with drunks and incompetents are...
4 lines
56.
Contracts made with minors are...
4 lines
57.

A age 18 you have full ___________ ________.

(a)  

58.
If a minor avoids a contract, this is called...
4 lines
59.
If a minor avoids or dis-affirms a contract, they must...
4 lines
60.
Minors can sign and be held to contracts that apply to...
4 lines
61.
Oral agreements/contracts are every bit as valid and enforceable as written contracts unless...
4 lines
62.
4 areas where fraud can be easily committed (all of these areas must have contracts in writing to be enforceable) (Statute of Frauds (Law to prevent frauds))
4 lines
63.
What contracts must be in writing under the UCC?
4 lines
64.
Problem with verbal/oral agreements.
4 lines
65.
What constitutes a breach of a contract
4 lines
66.
4 ways to terminate a contract
4 lines
67.

CLCL is (a)   compared to the UCC in its application of performance standards.

68.
Doctrine of substantial performance
4 lines
69.
What constitutes a material breach?
4 lines
70.
Is 99% completion of a contract a breach?
4 lines
71.
Performance is the objective when it comes to law. Performance is...
4 lines
72.
Ways to discharge a contract
4 lines
73.
3 types of conditions used in discharge
4 lines
74.
Conditions Precedent
4 lines
75.
Conditions Subsequent.
4 lines
76.
Contract remedies help when what happens?
4 lines
77.
3 contract remedies
4 lines
78.
Contract Remedy: Money Damages
4 lines
79.
Contract Remedy: Specific Performance
4 lines
80.
Contract Remedy: Rescission
4 lines
81.
Does contract law like punitive damages (punishment damages)
4 lines
82.
The UCC deals with the sale of goods. This includes...
4 lines
83.
Goods are...
4 lines
84.
Compared to CLCL, the UCC is...
4 lines
85.
UCC Covenant
4 lines
86.
UCC deals with the sale of goods. What does sale mean?
4 lines
87.
What is a good?
4 lines
88.
The UCC is predicated on good faith and fair dealings. This is the entire basis of the law. In CLCL you can rest on what?
4 lines
89.
What are held to a higher standard under the UCC?
4 lines
90.
What is a Merchant? (3 parts)
4 lines
91.

The UCC is more _____ in _____.

(a)  

92.

In contract formation under the UCC, _____ = _____

(a)  

93.
Can you be missing price and/or quantity and have a contract under the UCC?
4 lines
94.
Courts agree you can determine price or quantity under the UCC because...
4 lines
95.
Course of dealing
4 lines
96.
Output Contract
4 lines
97.
Requirements contract
4 lines
98.
Under the UCC, silence (can/cannot) constitute acceptance
4 lines
99.
Unconscionablility
4 lines
100.
New, additional, or different (changes) terms contained in the acceptance become part of the contract automatically under the UCC unless...
4 lines
101.
Mirror Image Rule
4 lines
102.
The UCC did away with what rule?
4 lines
103.
The UCC (has/doesn't have) a firm offer
4 lines
104.
Firm offer
4 lines
105.
Under the UCC, the seller has __ remedies in the event of a breach of a buyer. The buyer has __ remedies if the seller breaches.
4 lines
106.
Under the UCC, additional consideration is not required to modify a contract if...
4 lines
107.
1 requirement under the UCC with regard to putting contracts in writing
4 lines
108.
In order to perform under the UCC, obligations of the seller...
4 lines
109.
Perfect tender rule (UCC)
4 lines
110.
Cure meaning (UCC)
4 lines
111.
Two parts to Cure (UCC)
4 lines
112.
Curing does what?
4 lines
113.
Example of Cure
4 lines
114.
Anticipatory Repudiation
4 lines
115.
Buyer obligations under the UCC
4 lines
116.
If something is discovered to be wrong during the inspecting of a shipment, there are 3 options. They are... (UCC)
4 lines
117.
Can the buyer revoke acceptance if something is wrong under the UCC.
4 lines
118.
Acceptance under the UCC
4 lines
119.
Rejection under the UCC
4 lines
120.
9 Remedies for the seller (know 7)
4 lines
121.
11 Buyer Remedies (Know 8)
4 lines
122.
What does: Resell the Goods and Recover Damages mean in terms of seller remedies under the UCC
4 lines
123.
What does: Recover Damages for Nonacceptance or Repudiation mean in terms of seller remedies under the UCC
4 lines
124.
What does: Recover the price mean in terms of seller remedies under the UCC
4 lines
125.
What does: Recover Incidental Damages mean in terms of seller remedies under the UCC
4 lines
126.
What is Cover in terms of buyer remedies under the UCC
4 lines
127.
What does: Recover Damages for Nondelivery or Repudiation mean in terms of buyer remedies under the UCC
4 lines
128.
What does: Sue for specific performance mean in terms of buyer remedies under the UCC
4 lines
129.
What does: Recover Damages for Breach in Regard to Accepted Goods mean in terms of buyer remedies under the UCC
4 lines
130.
What are Consequential Damages in terms of buyer remedies under the UCC.
4 lines
131.
Why does the seller not get to recover lost profit under the UCC remedies?
4 lines
132.
4 Elements of a contract
4 lines
133.
Can you omit the price and quantity in a contract under the UCC?
4 lines
134.
What does voidable mean?
4 lines
135.
What is a void contract?
4 lines