Question: 1. Google and Facebook enter into a contract. Exxon, which will indirectly benefit from the deal, is prevented from having rights under the contract because:

1. Google and Facebook enter into a contract. Exxon, which will indirectly benefit from the deal, is prevented from having rights under the contract because:

A.

Exxon is an unintended 3rd party beneficiary.

B.

it is an assignment.

C.

it is a delegation.

D.

Exxon's rights have not vested yet.

2.

Ellie enters into a contact with Richard. Under the contract Ellie is giving Richard her solid gold crown in exchange for Richard's favorite horse. The crown is worth far more than the horse. If the parties end up in court over the contract the fact that the crown is worth far more than the horse will likely:

A.

render the contract unenforceable because of the inadequacy of consideration.

B.

lead the court to order Richard to pay Ellie money to compensate her for the unequal consideration exchanged under the contract.

C.

lead the court to engage in a lengthy process aimed at making sure each side received consideration of at least roughly equivalent cash value under the contract.

D.

not matter because court's do not generally concern themselves with the adequacy of the consideration given by parties to a contract.

3.

An award of damages by a court to a non-breaching party that is intended to compensate the non-breaching party for the loss of the bargain are known as:

A.

compensatory damages which are the damages a non-breaching is most likely to be awarded by a court.

B.

nominal damages.

C.

punitive damages.

D.

consequential damages.

4.

Kramer agrees orally to lease George a parking spot in downtown New York City in exchange for $10,000 per year for a ten year period. If the parties have issues over the life of the agreement and one sues the other what is one of the biggest obstacles to convincing the court to enforce the conract?

A.

There is no reason for the court not to enforce the agreement because agreements to lease real property do not have to be in writing to satsify The Statute of Frauds.

B.

The price of the parking spot is too high.

C.

The agreement is an adhesion contract.

D.

The Statute of Frauds requires all contracts involving an interest in real property to be in writing in order to be enforceable by a court.

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