Questions: TRUE OR FALSE

1. Under the UCC, a contract will generally fail because one or more terms are left open.

2. A contract without a quantity term is valid.

3. SKIP QUESTION

4. A contract for services is specifically covered by the UCC.

5. Whether there has been an offer is determined by a subjective standard.

6. A says to B: I am going to sell my car for $2,000. B says: I accept, here is my check. There is a contract.

7. Offers made in jest are always invalid.

8. B agrees to buy all her requirements from S. S agrees. The contract fails for lack of a definite quantity term.

9. A write to B: I will offer you $20 a week if you give violin lesson to my son. You have 30 days in which to reply to this offer. B is still thinking about it when A purports to revoke 15 days later. B can nonetheless accept.

10. When an offeree learns from a third party that the offeror has sold the goods the offer is revoked.

11. The modern view is that once the offeree of a unilateral contract begins to perform the offeror may not revoke his promise.

12. An offer continues until there is an express revocation of the offer.

13. A offers to sell his watch to B for $100. B says she will take it for $75. B may latter accept the offer for $100.

14. A offers to sell his watch to B for $100. B gives A $5 to keep the offer open. A may not revoke.

15. Under the UCC, a non-merchant may make her offer irrevocable without consideration.

16. In general, an offeree must affirmatively convey his or her intention to accept an offer to enter into a bilateral contract.

17. A says to B: If you paint my house, I will give you $100. B promises to paint As house. There is a contract.

18. At common law, an offeree may request additional terms in accepting the offer.

19. Merchant S accepts Merchant Bs offer with an additional clause providing for reasonable interest for overdue invoices. The additional clause is part of the contract.

20. Revocation of an offer sent by mail is effective upon receipt.

21. Bargained for forbearance of a legal right will constitute consideration.

22. B agrees to buy a house offered by S if B gets a bank loan. There is a contract.

23. A promise to do what the promisor is legally obligated to do, but has indicated will not be done, is valid consideration.

24. Promissory estoppel requires justifiable reliance.

25. Under the UCC, a seal has no effect.

26. An agreement for a one-year lease, to begin one month after the agreement, must be in writing.

27. A buyer who receives and accepts goods worth any amount must pau the price if the agreement is oral.

28. A and B enter into an oral agreement under which A agrees to assign to B the rights to all future revenue from his movie in return for a promise from B to pay him 53,000. A afterwards refuses to go through with the deal, in view of the fact that his revenue is greatly in excess of $3,000. B will be successful if he sues him for breach of contract.

29. SKIP QUESTION

30. A orally promises to sell Blackcre to B immediately, in return for Bs promise to pay $1.000 a year A for the next fifteen years. A now purports to evict him for A wishes to sell the property to C. B can successfully resist.

31. SKIP QUESTION

32. If the parties intended their written contract to be a final and complete expression of their agreement, the parol evidence rule will exclude both prior oral and written agreements that vary the written agreement.

33. Parol evidence is admissible to show defects in formation.

34. A offers to sell his bicycle to B for $150. B refuses to accept. A strikes B until B accepts. The contract is void.

35. SKIP QUESTION

36. A hires B to kill C for $1,000. B kills C. A must pay B.

37. B, age 1, buys necessary clothing from S. B subsequently disaffirms the contract. S may nevertheless bind the minor for the reasonable value of the clothes.

38. B enters into, an oral contract to buy goods from S for $1,000. When S seeks payment for the goods, B refuses to pay because that contract is within the Statute of Frauds. B owes S nothing.

39. B, believing she is buying an original painting, offers S $5,000 for it. S accepts, knowing that the painting is a copy worth $50. B owes S $5,000.

40. The non-occurrence of a condition precedent is a breach of contract giving rise to positive relief.

41. Builder enters into a contract with Owner requiring the personal satisfaction of Owner. Owner may be unsatisfied for any reason.

42. A agreed to build a house for B for $20,000. A builds the house strictly according to the specifications, except that he has used Brand X bricks around the fireplace, instead of Brand Y bricks, which were called for by the contract. There is no difference in quality or appearance between Brand X and Brand Y, and they are both the same price. However, since A has deviated from the contract, B refuses to pay him the contract price. A sues B for the contract price less nominal damages. A will win.

43. SKIP QUESTION

44. A contract may be discharged by mutual recission.

45. A owes B $1,000. Subsequently, A promises to give B a painting worth $850 in full satisfaction of the debt. B accepts. Upon delivery of the painting, B sues A for an additional $150. B will lose.

46. A agrees to pay B $500 by September 1 if B paints As house. B paints the house. On August 20, A tells B that he doesnt have the money, but that he can give B a sofa. B agrees. A does not tender the sofa. B can sue A only for the sofa.

47. A owes B $150. A, B, and C meet at As house. C offers to pay B the $100 owed by A if B will agree to relieve A of all liability. B agrees. C subsequently fails to pay the $100 as agreed. B then sues A on the original debt. B will win.

48. S and B enter into a contract whereby S is to deliver goods to B by June 1. On May 20, S tells B that he will not deliver the goods. B must wait until June 1 to bring a suit for breach.

49. SKIP QUESTION

50. A contract with B for the sale of a prize horse. Before delivery, the horse dies. The contract is discharged.

51. A agrees to print programs for a carnival to be held on September 1. Before the programs have been printed, the carnival is cancelled. The order to print is cancelled. A has an action for breach of contract.