Question: MATCH (EACH LETTER IS ONLY USED ONCE!) ______1. Express contract ______2. Implied contract ______3. Quasi-contract ______4. Void Contract ______5. Voidable Contract ______6. Unenforceable Contract ______7.

  1. MATCH (EACH LETTER IS ONLY USED ONCE!)

______1. Express contract

______2. Implied contract

______3. Quasi-contract

______4. Void Contract

______5. Voidable Contract

______6. Unenforceable Contract

______7. Mirror image

______8. Statute of Frauds

CHOICES:

  1. Illegal contract
  2. Contract exists but cannot be enforced in court
  3. One party has the option of avoiding or enforcing a contract
  4. Imposed by law to prevent unjust enrichment
  5. Formed by parties conduct
  6. The office and acceptance match
  7. Formed either by oral or written words or both
  8. Certain contracts involving interests in real property or performance that takes more than one year are required to be written to be valid

  1. MATCH ( EACH LETTER IS ONLY USED ONCE!)

_____1. Counter-offer

_____2. Rejection

_____3. Option contract

_____4. Meeting of the minds

_____5. Revocation

_____6. Consideration

CHOICES:

  1. Both a rejection and a new offer
  2. Reliable person gives reliable information that offer is rejected
  3. Manifestation of mutual assent
  4. For consideration offeror sells power to revoke
  5. Bargained for valued
  6. Cancellation of offer

III.MATCH (EACH LETTER IS ONLY USED ONCE!)

_____1. Accord & satisfaction

_____2. Adequacy of the consideration

_____3. Preexisting duty

_____4. Promissory estoppel

_____5. Illusory contract

_____6. Donative intent

CHOICES:

  1. Generally courts will not inquire into this aspect of the contract
  2. Court prevents/stops performer from going back on his promise
  3. Promisor is already bound to do matter promised
  4. Conscious desire to make a gift
  5. Unenforceable contract due to indefiniteness, such as Seller agrees to sell all the ice cream he wants to sell
  6. Fully executed contract between debtor and creditor to settle disputed claim.

IV.MATCH(EACH LETTER IS ONLY USED ONCE!)

_____ 1. Ratification

______2. Disaffirm

______3.Necessaries/Necessities

______4. Undue Influence

______5. Lack of Capacity

______6. Unilateral mistake

______7. Bilateral mistake

______8. Fraudulent misrepresentation

______9. Duress

CHOICES:

  1. A fiduciary or someone in close family relationship exerts pressure
  2. What a minor may choose to do upon reaching majority
  3. Usually involves physical threats
  4. Minor must pay for their reasonable value of essential services or goods
  5. A false statement used to trick a person into an agreement
  6. Misconception of material fact by all parties
  7. Ground to invalidate a contract if one party made a mistake about a material fact and other party knew or had reason to know about the mistake
  8. Upon reaching majority, minor keeps consideration and does nothing more.
  9. Person who is unable to understand an agreement due to mental incompetency or being a minor

IV.MATCH (EACH LETTER IS ONLY USED ONCE!)

______1. Usuary

_____ 2. Adhesion contract

_____ 3. Unconscionability

_____ 4. Exculpatory clause

_____5. Unlicensed practice of law

______6. Covenant not to compete

CHOICES:

A.Clause that disclaims liability

B. Lender receives more interest than allowed by statute

C. Cannot recover fee for services and may violate criminal law

D. Must be reasonable in time and geographic scope to be legal

E. Extremely unjust contract to justify setting it aside

F. Take it or Leave it contract in which terms are set by one party and other party has little to no ability to negotiate more favorable terms

  1. MULTIPLE CHOICE

_____ 1. Richard offers $100 to anyone who finds his lost dog Spot. His offer is accepted when:

  1. Waldo starts looking for the dog.
  2. Waldo actually locates the dog.

_____2. Tom promises to repair Harrys car for $200. Harry promises to pay Tom $200 to repair his car. A promise for a promise is:

  1. Valid consideration to form an agreement
  2. Not valid consideration to form an agreement

_____3. Wallys Wrecker passes Gomers broken down car on the side of the road. Neither Wally nor Gomer discuss the towing fee or sign any documents. Wally sends Gomer a bill for the towing.

  1. Gomer is obligated to pay the bill because they have an implied contract
  2. Gomer is not obligated to pay the bill because they do not have a contract

_____4. Bert hired Ernie to paint his house. Ernie incorrectly added up the fees and materials and told Bert that the total bill was $1,987. The correct sum is $1, 879.

  1. The parties are bound by the mistaken amount of $1,987.
  2. The parties can correct the math error and still have a valid contract.

_____5. Daddy Moneybags promises to give Annie $20,000 upon her graduation from college. Annie went to college and spent far more than $20,000 for tuition and living expenses. As her graduation date neared, Annie reminded Daddy Moneybags of his promise to pay her $20,000 upon her graduation, and he responded, I revoke the promise.

  1. Daddys revocation of the promise is valid.
  2. Daddy is estopped from revoking his promise because Annie relied upon the promise to her detriment.

_____6. Barney used water provided by Tennessee Waterworks for several years. Barney never contracted with the utility company to obtain water, but paid the water bill each month. Tennessee Waterworks imposed a rate hike, and Barney refused to pay.

  1. Even though there is no contract, the court will impose the concept of quasi-contract because it is unfair for Barney to be unjustly enriched at the expense of Tennessee Waterworks.
  2. Because there is no contract, Barney is not required to pay the bill, and Tennessee Waterworks cannot seek recovery of damages.

_____7. Betsy buys an old dusty painting at a junk store for $50. Months later Betsy discovers that the painting was done by Grandma Moses(a famous artist) and is worth thousands of dollars.

  1. The contract will be rescinded and the painting returned to the junk store because the parties were wrong about the value of the painting.
  2. The contract is valid because at the time because mistake in value typically is not a sufficient reason to rescind a contract.

_____8. Annabelle, who is old and in poor health, relies on her daughter Tootie to take care of her. Tootie threatened to stop taking care of her mother and to put her in a nursing home unless Annabelle signed over the deed to her house to Tootie.

  1. The deed is valid because Annabelle made a gift of the house to Tootie.
  2. The court is likely to set aside the deed because Annabelle was under duress at the time she made the transfer.

_____9. Annabelle, who is old and in poor health, relies on her daughter Tootie to take care of her. Tootie is in a position of trust over her mother. Tootie took Annabelle to a lawyer to have her will re-drawn and to cut her brother Toby out of the will.

  1. It is likely that Tootie exerted undue influence over her mother which would be a basis to set aside the new will.
  2. The new will is valid.

_____10(A). Opie, age 16, is a minor , contracted to purchase a motorbike from his friend Jimmy Paul who is an adult.

  1. Opie can disaffirm the contract as he is a minor. He will have to return the bike to Jimmy Paul.
  2. Jimmy Paul has the right to disaffirm the contract because Opie is a minor.

_____10(B) If Opie continues to make the payments on the motorbike after he turns 18.

  1. He ratified the contract, and the contract remains in force.
  2. He disaffirmed the contract, and the contract does not remain in force.

_____11. Roy sold a house to Dale, but did not tell her that the house had been painted with lead paint, which is dangerous to ones health, even though Dale asked Roy to tell her of any problems with the house. After the purchase of the house, Dale discovered the lead paint.

  1. Dale cannot recover damages from Roy for fraudulent misrepresentation.
  2. Dale can recover damages from Roy for fraudulent misrepresentation.

______12. For Summer Break, I would like to:

  1. Remain Covid free
  2. Get a new blinged out mask

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