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QUESTION 6 Alex orally agrees to pay Bob to seed and harvest a…
QUESTION 6
Alex orally agrees to pay Bob to seed and harvest a quarter of Alex’s farm acreage for four years of crops. After Bob prepares the land and plants the first year’s crop, Alex says that the deal is off. Bob can most likely recover on a theory of
a.
restitution.
b.
reformation.
c.
specific performance.
d.
quasi contract.
4 points
QUESTION 7
George and Betty enter into a contract for piano lessons. George accidentally types the price for lessons to be $3.00 each instead of $30.00 each. Betty wishes to enforce the contract at $3.00 per lesson. Which remedy should George ask for in this case?
a.
Compensatory damages
b.
Injunction
c.
Specific performance
d.
Reformation
4 points
QUESTION 8
John and Mary enter into a contract for the mowing Daisy’s 100-acre tract for which she agrees to pay $1,000. John and Mary transfer their mowing duties under this contract to Darwin. With respect to the mowing duties under the original contract, this transfer
a.
is an invalid transfer of a non-transferable obligation.
b.
requires a special form to constitute a valid transfer.
c.
does not relieve John and Mary of their potential obligation to perform.
d.
extinguishes John and Mary’s obligation to perform.
4 points
QUESTION 9
Anna’s father had a Volkswagen Beetle when she was a little girl. Many years later, Anna sees a Beetle that is the same style and color and offers the owner double the market price to sell her for the car. The owner did not want to sell her car, but accepts the high offer. Later, Anna decides the price is too high and wants to get out of the contract. What is the likely result?
a.
In general, courts will examine the value of the consideration exchanged and if, as here, Anna’s offer for the car is more than the market price she will not be bound by the contract.
b.
In general, courts do not question the value of the consideration exchanged. Here, however, Anna’s sentimental value is inadequate past consideration so she will not be bound by the contract.
c.
In general, courts do not question the value of the consideration exchanged. Here, however, the consideration was inadequate because there is a preexisting duty not to sell a car for more than its market value, so Anna will not be bound by the contract.
d.
In general, courts do not question the value of the consideration exchanged. Anna decided what the sentimental value of the car was worth to her when she made the offer and is now bound by the contract.
4 points
QUESTION 10
What three elements are necessary for an effective offer?
a.
Preexisting Duty, Past Consideration, Contractual Capacity
b.
Agreement, Consideration, Contractual Capacity
c.
Issue, Decisions, Reason
d.
Intent, Definiteness, Communication
4 points
QUESTION 11
Dale’s Uncle Ed tells Dale, “If I feel you deserve it at the time, I will give you a new car when you graduate from college.” Ed’s promise is
a.
unenforceable
b.
enforceable.
c.
a forbearance.
d.
a preexisting duty.
QUESTION 12
Barry tells Olivia, his neighbor’s daughter, that he will pay her $50 if she pulls weeds and trims the bushes in his yard. When Olivia comes to Barry’s house and completes the work _________.
a.
Olivia has accepted Barry’s offer with her action and Barry is obligated to pay her $50 under the unilateral contract formed by her acceptance.
b.
Olivia has not accepted Barry’s offer because there was no exchange of promises, so no contract was formed and Barry is not obligated to pay her $50.
c.
Olivia has accepted Barry’s offer with her action and Barry is obligated to pay her $50 under the bilateral contract formed by her acceptance.
d.
Olivia has not accepted Barry’s offer because there was no exchange of promises but, though no contract was formed, Barry is obligated to pay her the reasonable value of her work to avoid being unjustly enriched.
