Question: QueSTION 1 A contract is unenforceable unless it has a legal purpose. Which of the following would be considered to be an unenfoceable contract? An
QueSTION 1
- A contract is unenforceable unless it has a legal purpose. Which of the following would be considered to be an unenfoceable contract?
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| An agreement to do a friend's law homework for $25. | |
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| An agreement to pay interest on a credit card at 2% above the prime rate | |
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| An agreement between two companies to co-operate in reasearch. | |
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| An agreement between two companies to fix prices to force a competitor out of business. |
1 points
QUESTION 2
- What is the Parol Evidence Rule?
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| Contracting parties cannot alter the meaning of their contract through use of contemporaneous oral declarations | |
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| Contracting parties mutually accept the validity of oral changes to a contract if all parties witnessed the changes. | |
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| Contracting parties must clearly set out all major terms of the contract, in writing. | |
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| Contracting parties must mutually provide evidence of any changes they agree to in a contract. |
1 points
QUESTION 3
- A mistake made by only one party to a contract and the other party knows of the mistake, or must be assumed to know is:
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| A common mistake | |
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| A unilateral mistake | |
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| A fraudulent mistake | |
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| A mutual mistake |
1 points
QUESTION 4
- Restraint of trade contracts are those that curtail certain business activities. Why are they generally not enforced by Courts?
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| They are against public policy | |
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| They are secret | |
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| They are always prohibited by statute | |
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| They are not specific enough |
1 points
QUESTION 5
- When interpreting a contract, which one of the following will NOT be considered by the Courts?
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| How the parties have previously conducted similar contracts. | |
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| What the parties intended the contract to mean. | |
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| Normal practices within the industry. | |
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| Intent of the contract as a whole and as written |
1 points
QUESTION 6
- Specific performance should be ordered by the Courts when:
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| Monetary damages are insufficient or inadequate to compensate the plaintiff. | |
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| Substantial performance has occurred. | |
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| Contractual warranties have been breached. | |
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| The limitation period has expired. |
1 points
QUESTION 7
- A legal principle under which a party should not be obligated to pay, nor should another be allowed to receive, more that the value of the goods and services exchanged, is called:
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| Quantum meruit | |
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| Liquidated damages | |
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| Substantial performance | |
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| Specific performance |
1 points
QUESTION 8
- What is one necessary element of a contract?
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| It is fair to all parties. | |
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| It is written in clear, plain language. | |
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| Mutual agreement, demonstrated by an offer, acceptance and meeting of the minds. | |
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| All parties are adults. |
1 points
QUESTION 9
- A contract which can be rescinded or affirmed by one of the parties, at their option is:
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| Bilateral contract | |
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| Void contract | |
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| Implied contract | |
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| Voidable contract |
1 points
QUESTION 10
- Which of the following may have limited legal capacity to enter into contracts?
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| All of the options | |
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| Labour unions | |
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| Corporations | |
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| Minors |
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