Question 6:The apparent intent to enter into a contract is determined by reference to:

(a)The objective theory of contracts

(b)The subjective theory of contracts

(c)The conscious intent theory of contracts

(d)The reasonable person theory of contracts

Question 7:In deciding whether a valid contract was formed, the courts will not look at:

(a)The statements by the parties when they entered into the contract

(b)The ways the parties acted when they entered into the contract

(c)The circumstances surrounding the transaction

(d)The subjective beliefs of the contractual parties Question 8:The freedom of every individual to enter into contracts is:

(a)A highly valued principle in American law

(b)An ambiguous precept that relates to contractual intent

(c)Society's recognition of the importance of enforcing moral obligations

(d)A philosophical concept that no longer applies Question 9:Defenses to the enforcement of a contract include:

(a)The form of the contract

(b)The lack of the genuineness of assent of all of the parties

(c)Both (a) and (b)

(d)None of the above

Question 10: A bilateral contract is created when:

Question 11:

(a)One party gives a promise in exchange for the other party' s promise

(b)One party gives a promise in exchange for the other party's performance of a particular act

(c)Both (a) and (b)

(d)None of the above

John offers to pay Mary $100 if she walks across the Brooklyn Bridge. Mary can accept the offer only by walking across the bridge. If Mary walks across the bridge, she and John will have formed:

(a)A bilateral contract

(b)A unilateral contract

(c)A performance contract

(d)A surety contract

Question 12: In an implied-in-fact contract, the conduct of the parties - rather than their words

- is examined to:

(a)Detennine whether they intended to form a contract

(b)Define the tenns of the contract

(c)Both (a) and (b)

(d)None of the above

Question 13: The doctrine of unjust enrichment holds that persons:

(a)Who acquire ill-gotten gains should give them to less fortunate persons

(b)Should not be allowed to profit inequitably at the expense of others

(c)Who profit through unlawful means should be punished

(d)None of the above

Question 14: Which of the following elements is not necessary to establish an implied-in-fact contract?

(a)The furnishing by the plaintiff of some service or property

(b)The expectation by the plaintiff that he or she will be paid for providing a service or property and the defendant's knowledge that payment was expected

(c)The defendant's failure to reject the services or property even though he or she was given ample opportunity to do so

(d)A fictional promise imposed by a court in the interest of fairness and justice

Question 15: What sorts of contracts do not arise from mutual agreement but are imposed by a court to avoid unjust enrichment?

(a)Express contracts

(b)Implied contracts

(c)Quasi contracts

(d)Unilateral contracts

Question 16: Alec mistakenly pays property taxes that should have been assessed against Bart, the adjacent landowner. Alec will be able to recover the amount from Bart:

(a)Only ifBart knew of the error

(b)Only if Bart tried to conceal the error

(c)Even if Bart had no knowledge of the error

(d)None of the above

Question 17: Under a voidable contract, avoiding legal obligations is an option of:

(a)Neither party

(b)Both parties

(c)One of the parties

(d)Both (b) and (c)

Question 18: Under the plain meaning rule, the meaning of a contract must be detennined by reference to:

(a)The face of the instrument

(b)Any available extrinsic aids

(c)Both (a) and (b)

(d)None of the above Question 19: An offeror is also:

(a)A promisor

(b)A promisee

(c)A beneficiary

(d)A legatee

Question 20: When ambiguities appear in a contract, they will be construed against:

{a) The party with the greater bargaining power

(b)The promisor

(c)The promisee

(d)The party who drafted the contract Question 21:Which of the following statements is true?

(a)Express tenns are given less weight than the course of dealing by the parties

(b)The course of dealing by the parties is given less weight than the trade usage in that particular industry

(c)Express tenns are given more weight than the course of performance by the parties

(d)The trade usage in that particular industry is given greater weight than the

course of dealing

Question 22: Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise in exchange for Gail's:

(a)Payment of money only

(b)Performance of a particular act only

(c)Promise only

(d)Prudent awareness only

Question 23: Alpha Corporation and Beta, Inc., enter into an express contract. Carl and Dina's contract is partially executed and partially executory. Eagle Company's contract with First State Bank is voidable. The categories in which these contracts are placed involve legal distinctions as to:

(a)Enforceability only

(b)Formation only

(c)Performance only

(d)Enforceability, formation, and performance

Question 24: Alpha Design Company and Beta Products, Inc. sign a document that states Alpha agrees to design a Web page for Beta and Beta agrees to pay Alpha for this service. Alpha and Beta have made:

(a)An express contract

(b)An implied-in-fact contract

(c)An implied-in-law contract

(d)A quasi contract

Question 25: Sam and Tiffany enter into an implied-in-fact contract. The parties' conduct:

(a)Defines the contract's tenns

(b)Finds the contract's facts

(c)Tenninates any unintended consequences

(d)Undercuts any tenns based on the facts

Question 26: Federal Oil Company and Great Apartments, Inc. sign a contract in which Federal agrees to deliver heating oil in exchange for Great's promise to pay for it. Federal delivers the oil. The contract is:

(a)Executory on the part of Federal

(b)Executory on the part of Great

(c)Fully executed

(d)Neither executed nor executory on the part of either party

Question 27: Pete, a judge,can applythe doctrine of quasi contract to a disputebetween Quality Service Company and Regulated Office Systems:

(a)Only if there is a valid contract covering the area in question

(b)Only if there is not a valid contract covering the area in question

(c)Whether or not there is a valid contract covering the area in question

(d)Under no circumstances

Question 28: Phil enters into a contract with Quality Resorts, Inc. to work as a chef. Under the plain meaning rule, the meaning of this contract must be determined by reference to:

(a)Any available evidence

(b)Any relevant extrinsic evidence

(c)The face of the instrument

(d)The later testimony of the parties

Question 29: Eve and Frank enter an express contract for the construction of an office building.

Express contract tenns are given:

(a)Less priority than the parties' prior dealing

(b)Less priority than the trade usage in that particular industry

(c)Less priority than the parties' course ofperfonnance

(d)More priority than the prior dealing, course ofperfonnance, and trade usage

TRUE- FALSE:

Question 30: A contract may be formed when two or more parties each promise to perform or to refrain from performing some act now or in the future . (T or F)

Question 31: Contract law assures the parties to private agreements that the promises they make will be enforceable. (T or F)

Question 32:All promises are legal contracts. (Tor F)

Question 33: Under the objective theory of contracts, the intention to enter into a contract is judged by outward, objective facts as interpreted by a reasonable person. (T or F)

Question 34:An offeree is a person who makes an offer. (Tor F)

Question 35: A unilateral contract is formed when the one receiving the offer completes the requested act or performance. (T or F)

Question 36: A promisee is a person who makes a promise, and a promisor is a person to whom a promise is made. (T or F)

Question 37: The party that breaches a contract will be subject to legal but notequitable penalties because a contract is a legal document. (T or F)

Question 38: An offer to make a bilateral contract can only be accepted by a promise to perform. (T or F)

Question 39:An express contract may be written or oral. (T or F) Question 40: A contract is an agreement that a court will enforce. (T or F)

Question 41: An executory contract is one that has not yet been fully performed. (T or F)

Question 42: A voidable contract is a valid contract that can be avoided at the option of at least one of the parties to it. (Tor F)

Question 43: An otherwise valid contract may be unenforceable if it is not in writing. (T or F)