WorksheetsChapters 6-9 TEST
Total questions: 55
Worksheet time: 28mins
Indicate whether the statement is true or false. The person to whom an offer is made is termed the offeror.
True
False
Indicate whether the statement is true or false. You will not be bound to a contract you have not read, even if you sign it.
True
False
Indicate whether the statement is true or false. If a contract's termination clause gives a party the right to terminate for any reason whatsoever, that party's promise to perform would be illusory and non-binding as consideration.
True
False
Indicate whether the statement is true or false. Minors are not usually liable for their torts.
True
False
Identify the choice that best completes the statement or answers the question. Which of the following is not one of the major requirements for a contract?
offer and accommodation
genuine assent
capacity
consideration
Identify the choice that best completes the statement or answers the question. Which of the following is a test that a valid offer must pass?
Is contractual intent present in the offer?
Are the essential terms of the offer complete and definite?
Is made in anger, terror or jest?
All of the above are tests that a valid offer must pass.
Identify the choice that best completes the statement or answers the question. Which of the following statements about a firm offer is not true?
It is good for the stated time but no longer than three months.
It is binding whether or not the offeree paid anything to hold it open.
The firm offer rules only apply to merchants who make offers in writing.
All of the above statements are true.
Identify the choice that best completes the statement or answers the question. Which of the following circumstances might render an acceptance invalid?
The offer is accepted by someone other than the offeree.
The acceptance does not match the offer.
both a and b
none of these
A contract in which performance alone is acceptance is termed a(n) _____.
unilateral contract
bilateral contract
multilateral contract
none of these
A(n) ____ contract is not really a contract but a legal fiction created by the law to allow the enforcement of a contractual remedy where justice alone warrants such a remedy.
executed
executory
quasi or implied-in-law
unilateral
The Uniform Commercial Code makes firm offers binding for the stated period of time in the offer but not to exceed
thirty days.
three months.
six months.
one year.
Capacity to contract means that the person
has a genuine need for the goods or services purchased.
has ample room to store goods that are purchased.
has the ability, according to law, to understand the contract and the consequences thereof.
all of these.
Nearly all offers must, at a minimum, identify
the price, subject matter, and date of contracting.
the price, subject matter, and quantity.
the subject matter, date of closing, and quantity.
the price, quantity, and date of closing.
The withdrawal of an offer before it is accepted is known as a(n)
revocation.
rejection.
counteroffer.
termination.
A contract between the offeree and the offeror where the offeree gives something of value in return for a promise to keep the offer open is known as a(n)
consolidation.
counteroffer.
option.
none of the above
In economic duress cases, the courts look at
both the threat and the size of the threatened party.
both the threat and the place where the threat occurred.
both the threat and the alternatives available to the threatened party.
only the alternatives available to the threatened party.
When a contract arises because of undue influence, the contract is voidable by the
dominated party.
dominating party.
court.
none of these.
Fraud renders the contract ____ by the victim.
void
voidable
valid
none of the above
When both parties have an incorrect belief about material facts relating to a contract, what may result?
unilateral mistake
mutual mistake
bilateral mistake
both b and c
Which of the following need not be shown to prove misrepresentation?
resultant injury
materiality of the statement
reliance on the statement by the victim
untruthful nature of the statement
Ima has a neighbor named Judy, who works for Kevin. Ima threatens Judy that she will tell Kevin that Judy lied about her job experience on her resume unless Judy buys one of the $1,000 vacuum cleaners Ima sells. Ima's threat is an example of
duress.
undue influence.
ratification.
unilateral mistake.
Which of the following makes a contract voidable?
mutual mistake of fact
mutual mistake of law
innocent misrepresentation
ratification
"The tires were replaced after 30,000 miles."
statement of fact
puffery
opinion
prediction
"The engine is in top shape."
statement of fact
puffery
opinion
prediction
"These collectibles should increase in value at least 15 percent next year."
statement of fact
puffery
opinion
prediction
Michelle was a victim of fraud. The $40,000 portion of her court award that Michelle received in order to punish the party who committed fraud against her is known as
actual damages
compensatory damages
nominal damages
punitive damages
What are the three possible forms of consideration?
an act, a forbearance, or a promise
an act, a promise, or a donation
an act, a donation, or a promise
a donation, a forbearance, or a promise
If a contract contains a clause that allows you to escape the legal obligation, the promise is said to be
adequate consideration
illusory
adequate consideration
none of these
An important exception to the general rule that mutual consideration is necessary for a valid contract or binding promise is
promissory estoppel
option contract
firm offer
none of these
When Marty agrees to take possession of her uncle's gift to her, Marty becomes a(n)
promisor
promisee
donor
donee
Marissa agrees to purchase Danny's land. Both parties sign the contract, which states she will purchase the property for "one dollar ($1) and other good and valuable consideration." This type of consideration is referred to as
compensatory
nominal
illusory
liquidated
Will disagrees with his bank over the money due to pay off a loan. After some negotiations, they agree that if Will pays 75% of the amount the bank believes it is due, the debt will be canceled. This agreement is termed an
option
release
accord
satisfaction
Dwight signed a contract to begin his own home-based business to distribute health care products. The clause at the end of the distributor agreement gives him or the parent company the right to end the contract for any reason. This clause is an example of a(n)
output contract
illusory promise
requirements contract
adequate consideration
Parties who may, because of their status, have the right to disaffirm a contract include
minors
the intoxicated
the mentally incapacitated
all of these
When a court decrees a minor emancipated, it is referred to as
formal emancipation
informal emancipation
adult designatory
all of these
In most states minors can get back everything they put into a contractual bargain even if
they are unable to return exactly what was received under the contract
the goods have been used or damaged
the goods have been lost, consumed, or destroyed
all of these
Contracts of a minor that cannot be disaffirmed include
court-approved contracts
enlistment in the armed services
educational loans
all of these
The severance of the child-parent relationship is referred to as
disaffirmance
emancipation
ratification
none of these
Employees acting outside of their _________________ do not have the power to bind the employer.
power range
scope of authority
both and b
none of these
Which of the following are rights given to those who lack capacity?
right to disaffirm contracts for necessaries
right to pay the contract price for necessaries
right to disaffirm contracts for non-necessaries
none of these
The ability to understand the _________________ of a contract is required for contractual capacity.
exact wording
laws controlling the making
consequences
consideration
When a person reaches the age of majority, which of the following does not occur?
the person's parents' duty to support him or her ends
he or she becomes formally emancipated
he or she must start paying taxes
both a and b
Acting toward a contract as though one intends to be bound by it is considered
scope of authority
contractual capacity
ratification
affirmance
Complete each statement. What the promisor demands and generally must receive in order to make his or her promise legally enforceable against him or her is called _____.
trade
equal value
balance
Individuals who regularly deal in the goods, or tangible personal property, being bought or sold are labeled _____.
traders
pirates
merchants
dealers
After an offer is rejected, unless renewed by the original _____, the offeree can no longer accept the original offer.
buyer
Complete each statement. Victor places a sign in his pickup truck stating, "Truck for Sale." Alfredo notices the sign and discusses the matter with Victor. Victor offers to sell his truck to Alfredo for $1200 agreeing that Alfredo can pay him $300 payments on the 30th for the next two months. Alfredo thinks about it and offers $600 now and then $200 payments on the 30th of the next three months. Alfredo's proposal to Victor is considered a(n) (a) .
Complete each statement. Rhonda's favorite cat disappeared one day from her backyard. In an attempt to find her cat, Rhonda placed pictures of her cat throughout the neighborhood offering $50 to anyone who finds her cat and returns it to her. Within two days, a neighbor located the cat and returned it to Rhonda to claim the reward. Rhonda gladly paid her neighbor the agreed upon sum. This is a good example of a(n) (a) contract.
Tania agrees to purchase one of Kim's formal dresses for $45 to wear to her company's Christmas Party. The next day she is fired and will not need the dress. She agrees to return the dress and Kim returns the $45. Their actions are an example of the contract remedy of (a)
Complete each statement. If fraud is proven, an additional remedy beyond rescission becomes available to the injured party. That remedy is (a) .
While working for Joe as a legal secretary, Doris discovers that Joe has taken a piece of land in lieu of a client's payment for legal fees. Joe, however, notifies the other partners in his law firm that this client's legal fees are uncollectible. The firm then absorbs the loss resulting from the uncollectible fees. Joe later sells the land for $80,000 and secretly pockets the money. Doris then threatens Joe into giving her a pay raise of $25,000 to "keep her mouth shut." If Joe does so, Doris' new employment contract would be voidable due to legal _____.
fraud
tax evasion
A(n) _____ is one in which an inordinate amount of trust and confidence is placed by a dependent party in the dominant party.
extortion
bribery
undue influence
Heath cannot afford to purchase a new refrigerator, but his brother, Jim, agrees to purchase the $800 fridge for Heath as long as Heath pays Jim $100 a month for the next eight months. Under this arrangement since Heath owes Jim $800, Jim is the creditor and Heath is the _____.
loaner
creditor
servant
Complete each statement. The statement at the end of the contract reads, "Either party can cancel this agreement for any of the above stated reasons provided that 30 day's written notice is given to the other party." This is the _____ of the contract.
end clause
counter clause
termination clause
santa clause
Complete each statement. Derrick, a merchant, offers in writing to sell another merchant, Garry, 25 handmade, wrought iron patio furniture sets. Although no payment or other consideration was given, under the UCC Derrick must honor this _____ for a certain period of time not to exceed three months.
counteroffer
proffer
