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Chapters 6-9 TEST

Total questions: 55

Worksheet time: 28mins

Name
Class
Date
1.

Indicate whether the statement is true or false. The person to whom an offer is made is termed the offeror.

a)

True

b)

False

2.

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.

a)

True

b)

False

3.

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.

a)

True

b)

False

4.

Indicate whether the statement is true or false. Minors are not usually liable for their torts.

a)

True

b)

False

5.

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?

a)

offer and accommodation

b)

genuine assent

c)

capacity

d)

consideration

6.

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?

a)

Is contractual intent present in the offer?

b)

Are the essential terms of the offer complete and definite?

c)

Is made in anger, terror or jest?

d)

All of the above are tests that a valid offer must pass.

7.

Identify the choice that best completes the statement or answers the question. Which of the following statements about a firm offer is not true?

a)

It is good for the stated time but no longer than three months.

b)

It is binding whether or not the offeree paid anything to hold it open.

c)

The firm offer rules only apply to merchants who make offers in writing.

d)

All of the above statements are true.

8.

Identify the choice that best completes the statement or answers the question. Which of the following circumstances might render an acceptance invalid?

a)

The offer is accepted by someone other than the offeree.

b)

The acceptance does not match the offer.

c)

both a and b

d)

none of these

9.

A contract in which performance alone is acceptance is termed a(n) _____.

a)

unilateral contract

b)

bilateral contract

c)

multilateral contract

d)

none of these

10.

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.

a)

executed

b)

executory

c)

quasi or implied-in-law

d)

unilateral

11.

The Uniform Commercial Code makes firm offers binding for the stated period of time in the offer but not to exceed

a)

thirty days.

b)

three months.

c)

six months.

d)

one year.

12.

Capacity to contract means that the person

a)

has a genuine need for the goods or services purchased.

b)

has ample room to store goods that are purchased.

c)

has the ability, according to law, to understand the contract and the consequences thereof.

d)

all of these.

13.

Nearly all offers must, at a minimum, identify

a)

the price, subject matter, and date of contracting.

b)

the price, subject matter, and quantity.

c)

the subject matter, date of closing, and quantity.

d)

the price, quantity, and date of closing.

14.

The withdrawal of an offer before it is accepted is known as a(n)

a)

revocation.

b)

rejection.

c)

counteroffer.

d)

termination.

15.

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)

a)

consolidation.

b)

counteroffer.

c)

option.

d)

none of the above

16.

In economic duress cases, the courts look at

a)

both the threat and the size of the threatened party.

b)

both the threat and the place where the threat occurred.

c)

both the threat and the alternatives available to the threatened party.

d)

only the alternatives available to the threatened party.

17.

When a contract arises because of undue influence, the contract is voidable by the

a)

dominated party.

b)

dominating party.

c)

court.

d)

none of these.

18.

Fraud renders the contract ____ by the victim.

a)

void

b)

voidable

c)

valid

d)

none of the above

19.

When both parties have an incorrect belief about material facts relating to a contract, what may result?

a)

unilateral mistake

b)

mutual mistake

c)

bilateral mistake

d)

both b and c

20.

Which of the following need not be shown to prove misrepresentation?

a)

resultant injury

b)

materiality of the statement

c)

reliance on the statement by the victim

d)

untruthful nature of the statement

21.

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

a)

duress.

b)

undue influence.

c)

ratification.

d)

unilateral mistake.

22.

Which of the following makes a contract voidable?

a)

mutual mistake of fact

b)

mutual mistake of law

c)

innocent misrepresentation

d)

ratification

23.

"The tires were replaced after 30,000 miles."

a)

statement of fact

b)

puffery

c)

opinion

d)

prediction

24.

"The engine is in top shape."

a)

statement of fact

b)

puffery

c)

opinion

d)

prediction

25.

"These collectibles should increase in value at least 15 percent next year."

a)

statement of fact

b)

puffery

c)

opinion

d)

prediction

26.

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

a)

actual damages

b)

compensatory damages

c)

nominal damages

d)

punitive damages

27.

What are the three possible forms of consideration?

a)

an act, a forbearance, or a promise

b)

an act, a promise, or a donation

c)

an act, a donation, or a promise

d)

a donation, a forbearance, or a promise

28.

If a contract contains a clause that allows you to escape the legal obligation, the promise is said to be

a)

adequate consideration

b)

illusory

c)

adequate consideration

d)

none of these

29.

An important exception to the general rule that mutual consideration is necessary for a valid contract or binding promise is

a)

promissory estoppel

b)

option contract

c)

firm offer

d)

none of these

30.

When Marty agrees to take possession of her uncle's gift to her, Marty becomes a(n)

a)

promisor

b)

promisee

c)

donor

d)

donee

31.

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

a)

compensatory

b)

nominal

c)

illusory

d)

liquidated

32.

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

a)

option

b)

release

c)

accord

d)

satisfaction

33.

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)

a)

output contract

b)

illusory promise

c)

requirements contract

d)

adequate consideration

34.

Parties who may, because of their status, have the right to disaffirm a contract include

a)

minors

b)

the intoxicated

c)

the mentally incapacitated

d)

all of these

35.

When a court decrees a minor emancipated, it is referred to as

a)

formal emancipation

b)

informal emancipation

c)

adult designatory

d)

all of these

36.

In most states minors can get back everything they put into a contractual bargain even if

a)

they are unable to return exactly what was received under the contract

b)

the goods have been used or damaged

c)

the goods have been lost, consumed, or destroyed

d)

all of these

37.

Contracts of a minor that cannot be disaffirmed include

a)

court-approved contracts

b)

enlistment in the armed services

c)

educational loans

d)

all of these

38.

The severance of the child-parent relationship is referred to as

a)

disaffirmance

b)

emancipation

c)

ratification

d)

none of these

39.

Employees acting outside of their _________________ do not have the power to bind the employer.

a)

power range

b)

scope of authority

c)

both and b

d)

none of these

40.

Which of the following are rights given to those who lack capacity?

a)

right to disaffirm contracts for necessaries

b)

right to pay the contract price for necessaries

c)

right to disaffirm contracts for non-necessaries

d)

none of these

41.

The ability to understand the _________________ of a contract is required for contractual capacity.

a)

exact wording

b)

laws controlling the making

c)

consequences

d)

consideration

42.

When a person reaches the age of majority, which of the following does not occur?

a)

the person's parents' duty to support him or her ends

b)

he or she becomes formally emancipated

c)

he or she must start paying taxes

d)

both a and b

43.

Acting toward a contract as though one intends to be bound by it is considered

a)

scope of authority

b)

contractual capacity

c)

ratification

d)

affirmance

44.

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 _____.

a)
consideration
b)

trade

c)

equal value

d)

balance

45.

Individuals who regularly deal in the goods, or tangible personal property, being bought or sold are labeled _____.

a)

traders

b)

pirates

c)

merchants

d)

dealers

46.

After an offer is rejected, unless renewed by the original _____, the offeree can no longer accept the original offer.

a)
offeror
b)

buyer

47.

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)   .

48.

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.

49.

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)  

50.

Complete each statement. If fraud is proven, an additional remedy beyond rescission becomes available to the injured party. That remedy is (a)   .

51.

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 _____.

a)
duress
b)

fraud

c)

tax evasion

52.

A(n) _____ is one in which an inordinate amount of trust and confidence is placed by a dependent party in the dominant party.

a)

extortion

b)

bribery

c)

undue influence

53.

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 _____.

a)
debtor
b)

loaner

c)

creditor

d)

servant

54.

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.

a)

end clause

b)

counter clause

c)

termination clause

d)

santa clause

55.

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.

a)
firm offer
b)

counteroffer

c)

proffer