SMC Business Law Sec 1059 Week 3 Ex. Chp.1,2,4-7 Quiz (2015)

Week 3 Ex.Chp.1,2,4-7Grade Details – All QuestionsQuestion 1. Question : Interrogatories are a form of discovery requiring a party to the lawsuit to file written answers – under penalty of perjury – to questions submitted to him. Student Answer: True False Question 2. Question : Which of the following motions is made at trial, and if successful, essentially “takes the case away from the jury” and gives a judgment to one party? Student Answer: The motion to dismiss The motion for a new trial The motion for summary judgment The motion for a directed verdictQuestion 3. Question : Paul sues Dan for “aesthetic pollution.” The basis for his suit is Dan’s habit of wearing clothes Paul considers ugly. Paul’s complaint offers details of Dan’s “ugly” clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul’s claim as fast as possible. The best procedural device for doing so is: Student Answer: The motion to dismiss for failure to state a claim upon which relief can be granted or a Demurrer. The motion for summary judgment The motion for judgment not withstanding the verdict The motion for a directed verdictQuestion 4. Question : Depositions are: Student Answer: Written questions directed to a party, answered in writing, and signed under oath Documentary evidence introduced at trial Oral examinations of a party or a party’s witness by the opposing party’s attorney Written statements made during arbitrationQuestion 5. Question : To which of the following contracts does Article 2 of the UCC most likely apply? Student Answer: A service contract for a computer A contract for the purchase and installation of a bug deflector on the hood of a sport-utility vehicle A contract to install a new transmission in a sport-utility vehicle. Assume that the transmission was purchased from a different person than the person who agreed to install it. A contract to install a pacemaker in someone’s heartQuestion 6. Question : The Restatements usually state common law rules. Student Answer: True False Question 7. Question : The doctrine of stare decisis: Student Answer: Says that courts should follow the plain meaning of statutes and not worry about anything else Says that courts should look at legislative history when interpreting statutes Says that common law rules, once established, can never change Says that, in common law cases, like cases should be decided alikeQuestion 8. Question : Some of the rules of contract law are derived from the common law which is several hundred years old and came to the United States from England. Student Answer: True False Question 9. Question : The body of law that is concerned with the obligations that private parties owe to one another is: Student Answer: Procedural law Civil law Private law B and C None of the aboveQuestion 10. Question : The common law: Student Answer: Came to America with the first English settlers Was applied by the courts during the colonial period Has been codified in some instances Is often referred to a judge-made law All of the aboveQuestion 11. Question : Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars. Student Answer: True False Question 12. Question : In general, courts in the 20th and 21st centuries place more importance on the principle of ‘freedom of contract’ than did the courts in the 19th century. Student Answer: True False Question 13. Question : At common law, an acceptance that materially deviates from the terms of the offer: Student Answer: Is an acceptance if it reaches the offeror within a reasonable time Is an acceptance if it is a definite and seasonable expression of acceptance Is not an acceptance but a counter-offer Cannot be accepted by the offerorQuestion 14. Question : To constitute an offer, an advertisement must be highly specific (nature and number of items offered for sale, model and sometimes serial number) and must bargain for performance (i.e. “buyer must purchase a coupon and provide the requested information”). Student Answer: True False Question 15. Question : In response to the plaintiff’s complaint, the defendant’s only option is to file a pleading called the answer . Student Answer: True False Question 16. Question : Originally, the courts tended to hold that offerees were bound by all the terms of the offer on the theory that every person had a duty to protect herself by reading agreements carefully before signing them. Student Answer: True False Question 17. Question : An express in fact contract must be in writing and must set forth all of the express terms and promises to which the parties agree. Student Answer: True False Question 18. Question : A contract whose enforcement is barred by a statute of limitations is called an unenforceable contract. Student Answer: True FalseQuestion 19. Question : The Battle of Forms provisions of the UCC recognizes that parties – in today’s business world – often use their own forms and that the respective forms of the offeror and offeree frequently differ in their terms. The Code provides flexibility under these circumstances by allowing the parties to begin performance expediently rather than wait for all contract details to be ironed out and resolved. Student Answer: True False Question 20. Question : An offeror has both the legal right and power to revoke his/her offer without exception. In other words, there are no circumstances – recognized in law – that would deprive the offeror of the right to revoke. Student Answer: True False Question 21. Question : A promises to pay B $50 if B will mow A’s lawn. B completely and satisfactorily mows A’s lawn. This is a unilateral contract. Student Answer: True False Question 22. Question : A contract is traditionally thought of as protecting agreements (bargains), while promissory estoppel – on the other hand – protects reliance on promises that are broken thereby producing hardship. Student Answer: True False Question 23. Question : In his offer, the offeror stipulates that by remaining sillent the offeree has accepted the offer. The offeree ignores the offer. The parties have never before done business with one another. According to the general rule, a contract has been formed. Student Answer: True False Question 24. Question : If the offeree alleges that she did not intend to accept a particular offer, then the offeror can succeed in proving an acceptance did in fact occur – if the offeror can prove that the offeree’s words, conduct and the surrounding circumstances demonstrate that an acceptance was indeed intended. Student Answer: True False Question 25. Question : In a civil lawsuit, the plaintiff must normally prove each element of her case by a preponderance of the evidence. Student Answer: True FalseQuestion 26. Question : Santa Monica Toyota ordered 10 new cars from Japan Auto Inc. Japan Auto Inc. transmitted its standard form contract to Santa Monica Toyota. The contract was signed and contained promises by each side to perform. Per the terms of the contract, delivery was to occur three weeks after the signing of the contract. Student Answer: The above contract is bilateral The above contract is a standardized form contract The above contract is valid, express and executory All of the aboveQuestion 27. Question : In return for services that B performed for A in the past, A promises to pay B $1000. There is no consideration for A’s promise. Student Answer: True FalseQuestion 28. Question : So-called charitable subscriptions (promises to pay money to a charity) are not ever binding unless the charity gives the promisor some consideration for the promise. Student Answer: True FalseQuestion 29. Question : A and B have a written contract whereby A agrees to sell B a plot of land for $100,000. Later, without terminating the first contract or changing any of the other terms or conditions, the parties modify the deal so that A sells B the same plot of land for $125,000. The modification agreement: Student Answer: Is invalid because there is no consideration coming to A for A’s promise Is invalid because there is no legal value in A’s promise Is invalid because A’s promise is illusory Is invalid because written contracts for the sale of land cannot be modifiedQuestion 30. Question : Some of the most important pre-existing duty cases are those involving preexisting contractual duties. In these cases, the overwhelming majority of courts refuse to enforce an agreement to modify an existing contract even if the modification resutled from unforeseen circumstances that a party could not have reasonably been expected to have foreseen. Student Answer: True FalseQuestion 31. Question : The test for legal value requires the court to carefully consider whether there exists equal monetary value in what is exchanged between the offeror and the offeree. In other words, the quid must be equal in value to the quo for the agreement to be enforceable. Student Answer: True False Question 32. Question : Contracts: Student Answer: Give us the ability to enter into agreements with others with confidence that we may call on the law (courts) and not merely the good faith of the other party to make sure that the agreements will be honored Give a person who is the victim of a breach by the other party the right to call on the government (courts) to enforce the contract Facilitate the planning that is necessary in a modern, industrialized society All the aboveQuestion 33. Question : Which of the following normally comes latest in the course of a civil case? Student Answer: The answer The motion for summary judgment The motion to dismiss The motion for a directed verdictQuestion 34. Question : A contract – that is preprinted by one party who it favors – and presented to the other party for signing is: Student Answer: A standardized form contract A quasi contract A void contract Illegal None of the aboveQuestion 35. Question : Where an offer requires that the offeree use a certain means of acceptance, the offeree’s acceptance is effective upon dispatch if he uses that means. Student Answer: True FalseQuestion 36. Question : A promises to pay B $100 per week in exchange for B’s promise to not ‘beat up’ A. B’s promise has no legal value and therefore does not constitute consideration. Student Answer: True False Question 37. Question : Assume that Debtor owes Creditor $10,000.00 and the debt is liquidated. Creditor agreed to accept less than $10,000.00 – as payment in full – in exchange for Debtor’s promise to pay before the due date for payment. This agreement would be supported by consideration. Student Answer: True False Question 38. Question : Just prior to her retirement, Employer promises to pay Retiree a $10,000 per year pension for the remainder of Retiree’s life. Retiree relies on the promise by taking out a mortgage on her home. Assume that the Retiree’s reliance was foreseeable. Later Employer, who never intended to pay the pension, unfairly reneges on his promise. Employer’s promise: Student Answer: Is not binding because there is no bargained-for exchange here. Is not binding because Retiree provided no tangible benefit to his employer Is not binding because it is illegal. Is binding if the retiree can prove all of the elements of promissory estoppel.Question 39. Question : Speaking generally, quasi-contract applies where there has been foreseeable reliance on an express promise. Student Answer: True False Question 40. Question : Jones stated to Brown, “I’d like to buy your house,” and Brown responds, “You’ve got a deal.” An enforceable contract has been formed between Jones and Brown. Student Answer: True FalseQuestion 41. Question : In determining whether consideration exists, the law is not concerned with any disproportion in value between the things exchanged in a contract, unless of course the consideration on one side is nominal and it is obvious that no true bargain was intended Student Answer: True FalseQuestion 42. Question : Under the UCC, an order requesting prompt or current shipment of the goods may be accepted either by a prompt promise to ship, or by a prompt or current shipment of the goods. Student Answer: True FalseQuestion 43. Question : Consideration can be either an act or a promise that involves either promising to do something one had no prior legal duty to do or promising to refrain from doing something that one had a legal right to do. Student Answer: True False Question 44. Question : Which of the following is true regarding promissory estoppel? Student Answer: It requires that the promisor should reasonably expect to induce the promisee’s action or forbearance Damages awarded for promissory estoppel always equal the value of the promise relied upon by the promisee It requires consideration It applies only when one or both parties is a merchantQuestion 45. Question : Indefiniteness of the terms in an offer bears on intent because it can indicate that the parties are still in the process of negotiation. Indefiniteness can also leave the court with insufficient information to calculate a remedy if an agreement based on an indefinite offer is breached Student Answer: True False Question 46. Question : X and Y have a contract which obligated X to sell Y 100 boxes of screws for $100. The parties orally modify the contract so that X will sell Y the same 100 boxes of screws for $125 but will deliver the same one month earlier than originally agreed. The second agreement: Student Answer: Is not binding because it is oral Is not binding because X has only promised to perform a preexisting legal obligation Is not binding because it is an output contract Is bindingQuestion 47. Question : Offers that fail to provide a specific time for acceptance are invalid because they are deemed to be indefinite. Student Answer: True False Question 48. Question : Painter paints Smith’s home by mistake, thinking it belongs to Reed. Smith knows that Painter is painting his house but does not inform him of his error. Painter can recover from Smith the reasonable costs for painting the house. Student Answer: True False Question 49. Question : The offeror’s death automatically terminates an offer, but the offeree’s death does not. Student Answer: True False Question 50. Question : A bilateral contract involves the exchange of a promise for a promise. Student Answer: True False