Contractual Theories: Questions and Answers

The right to confront your accuser.

D. All of the above. 3. If one party to a contract intentionally lies to the other party regarding a material fact, the contract may be voided for which of the following: A. Undue influence B.

Misrepresentation C. Fraud D. Mutual mistake 4. Sergei and Ginger enter into a contract.

Two month later Ginger assigns her rights under the contract to Larry. Is Ginger still potentially liable to Sergei under the original contract? A. Yes, unless Ginger and Sergei execute a Innovation. B. Yes, a party assigning a contract to a third party can never avoid potential liability under the original contract.C.

No, unless the contract was for personal services, in which case Ginger would always remain liable after assigning the contract to a third party. D. No, a party assigning a contract never remains liable under the original contract. 5.

Whish method of acquiring property is most common? A. Acquisition through accession. B. Acquisition through exchange.

C. Acquisition through possession. D. Acquisition through confusion.

6. Rachel owns a beach house and wants to build a 144 square foot deck. Zoning build the 144 square foot deck, because the government can't make her tear it down once it's completed. B.She should ask for a nonconforming exemption. C.

She should ask for a variance. D. She must lobby the local government to pass a new law, because once zoning ordinances are enacted no exception may be granted. 7.

To prove a pattern of racketeering the government must show: A. Five predicate acts in a five year period. B. Two predicate acts in a five-year period.

C. Five predicate acts in a ten year period. D. Two predicate acts in a ten year period.

8. You're lying in bed in your dorm room when an asteroid from outer space enters the Earth's atmosphere and flies through your window landing in your lap.Who owns he asteroid? A. GAG owns the asteroid because it landed on their property. B. You may keep the asteroid because you were the first to possess it.

C. You and GAG must shave the asteroid as equal co-owners. D. The US government has a right to claim the asteroid for the good of the public. 9.

Fred has orally hired a world famous artist to paint his portrait. The cost is going to be $5,000 and the portrait is scheduled to take nine months to paint. Due to delays, the portrait takes thirteen months to complete. A.

The contract is unenforceable because it took over a year to complete. B.The contract is unenforceable because it as for over $500 C. He contract is enforceable.

D. Both A and B make the contract unenforceable. 10. A copyright owned by an individual lasts: A. Forever.

B. For 95 years. C. For the author's lifetime plus 95 years.

D. For the author's lifetime plus 70 years. 11 . Which of the following is a bailsmen for the sole benefit of the bailed? A. Borrowing a pencil. B.

Renting a car. C. Babysitting for free. D.

Finding lost or misplaced property. 12. Which of the following is not a valid exception to the 4th Amendment's general requirements that police obtain a search warrant before conducting a search?A. Evidence if likely to be destroyed.

B. No actually and reasonable expectation of privacy existed. C. Search of a person's body or weapons following an arrest. D. All of the above are valid exceptions under the 4th Amendment postal service.

On Monday, Susan mails an offer to Marie. On Tuesday, Susan has second thoughts, and sends Maria a letter thorough the mail revoking the offer. On Wednesday Marie receives Suntan's original offer, accepts it, signs it and sends it back to Susan via overnight mail. On Thursday, Susan receives the signed contract from Maria.

On Friday, Marie receives Suntan's revocations.At this point: A. No Contract exists between Susan and Marie because Susan mailed her revocation before receiving Maria's acceptance. B.

No contract exists between Susan and Marie because Susan mailed her revocation before Marie signed and accepted the original offer. C. A contract exists between Susan and Marie because Maria mailed her acceptance of Suntan's offer before receiving the revocation. D. A contract exists between Susan and Marie because Susan received the signed contract from Marie before Marie received Suntan's revocation. 14.

Mark hired the Thompson brothers to build him a new home by November 1st.After an unusually rainy summer, it becomes apparent in October that the brothers will be unable to finish Marks house by November 1st as agreed. On October 1 5th, mark tells the brothers that he'll excuse the delay so long as they ultimately complete the house. If mark later goes back on his word and sues the Thompson brothers for failing to complete the house by November 1st, which of the following defenses should the brothers assert? A.

Impossibility B. Release C. Waiver D. Substantial performance 15. If a contract contains a condition precedent it meaner that: A.Performance will be due upon the happening of some specified future event.

B. Performance will be excused upon the happening of some specified future event. C. Performance must be completely done according to contract specifications or the contract. Is breached. D.

Impossibility of performance will not be an acceptable excuse for nonperformance. 16. With the exception of a design patent, once a patent is granted by the US Patent and Trademark Office: A. It lasts for 25 years and can never be revoked.

B. It lasts for 25 years, unless the court finds that it is invalid.C. It lasts for 20 years and can never be revoked.

D. It lasts for 20 years, unless a court finds that it is invalid. Which they are currently drinking. The three decide that they will rob a bank to get more beer money. They choose the bank, decided who will drive and who will rob the bank.

They decide that they will use fake guns and wear masks. In the morning the three drive to Wall-Mart and purchase toy guns and fashionable scarves to wear as fastbacks. On the way to the bank, they are stopped by a policeman for speeding and in plain sight he sees the scarves and guns.They are arrested.

If Kim, Keyhole and Courtney admit to all of the above in court, what are they likely to be found guilty of? A. Criminal conspiracy B. Aiding and abetting C. Robbery D. None of the above 18.

Peter is the general manager off local Italian restaurant. He enters a contract with the local creamery to purchases a month's supply of mozzarella cheese for $2,000. Two days before the scheduled delivery, the creamery calls Peter to inform him they won't be supplying the cheese as promised. As a result, Peter has to buy the cheese from another vendor who charges him $3,000.If Peter successfully sues the local creamery, how much in compensatory damages would he likely receive? A.

$3,000 b. $2,000 c. $1,000 19. The rule stating that parties to a written contract may not introduce oral evidence o change the written terms of the contract is called: A. The statue of frauds.

B. The parole evidence rule. C. Trade usage. D. The rule of express conditions.

20. Which of the following would not typically be considered a fixture? A. A garage connected to a house. B.

A machine bolted to the floor of a factory. C. Wall-to-wall carpeting in a home. 21 .

Jon works for a major back. The revised employment contract that he received 6 years ago says that all employees with 25 years of service will receive a gold watch. Jon has not reached 25 years of service and has announced his retirement. After Son's sat days of work, his manager tells him that the companies, based on his prior years of service will throw him a party and present him with a gold watch. Several days later, Son's manager informs him that the company will not throw the party nor give him the watch. If Jon sues due to breach of contract, how is the court likely to rule?A.

No party or watch is owed. B. The company is required to throw the party but no watch is owed. C.

The company is required to present him with the watch but no party is owed. D. The company is required to present him with the watch and throw him the party. 2.

Which of the following do courts generally NOT consider when analyzing the fair use defense to copyright infringement? A. The popularity of the copyright work. B. The nature of the copyright work.

C. The amount of the copyrighted work being copied. D. The purpose and character of the infringing work.

23.Rescission will most frequently be granted in a contract case involving which of the following issues? A. Impossibility B. Waiver C. Misrepresentation D.

Illegality 24. Jim and terry are twin brothers who have lived in their parent's' home with their parent's' permission for over 40 years. Finally on their 45th birthdays, their parent's tell the twins that they much move out within 60 days. If Jim and Terry parent's begin a court action to evict the twins, how is the court likely to rule? A. The twins may stay under the doctrine of adverse possession because they have lived openly and continuously on the property for over 20 years as adults.

B. The twins may stay under the doctrine of easement by prescription because they have lived openly and continuously on the property for over 20 years as adults. C. The twins may stay under the doctrine of eminent domain because they have remained on the property for ever 20 years as adults. D. The twins must move out.

25. Which of the following contracts would NOT be governed by the Uniform Commercial Code? A. A contract to purchase a car for $5,000 B. A contract for an airline ticket with Delta. C.

A contract to buy a TV over the Internet. D.All of the above would be government by the Uniform Commercial Code. 26. Which of the following is NOT an accurate statement about the differences between felonies and misdemeanors? A.

Felonies are federal crimes, while of more than a year, while misdemeanors are punishable by fine or imprisonment of less than a year. C. Felony charges must be initiated by a grand Jury indictment, while a misdemeanors charge is initiated by the government filing the charge in court. D. All of the above are accurate statement about the differences between felonies and misdemeanors. 27.

Jim owns a local BBC restaurant. One afternoon two police officers arrive at Jims restaurant for lunch and sit down at a booth in the corner. While looking around the restaurant, one of the officers notices some documents lying on the floor under a dining table a few feet away. The officer picks up the documents, and quickly realizes hey show that Jim intentionally underpaid his taxed the previous year.

Jim is arrested for income tax evasion. If Jims lawyer later challenges the officer's acquisition of the documents under the 4th Amendment, how is the court likely to rule? A.The officer did not violate the 4th Amendment because he found the documents lying in plain view in a section of the restaurant open to the public. B.

The officer did not violate the 4th Amendment because there is never a reasonable expectation of privacy in a business setting. C. The officers violated the 4th Amendment because he needed to obtain a search warrant before collecting evidence in the restaurant. D. The officer violated the 4th Amendment because Jim had not consented to the search. 28.

Susan hires Tom to build her a new garage. The contract calls for Susan to pay Tom $5,000 once the garage is completely finished.Tom is currently 50% finished building the garage. Tom and Suntan's contract is currently considered a/ an contract. A.

Unenforceable B. Executors C. Implied-in-fact D. Avoidable 29. If your home is being foreclosed on, but you pay the full amount of the debt before the banks sells the house, you may retain ownership of the property.

This is called a: A. Right of revision B. Right of recovery C. Right to cure deficiency D. Right of redemption 30. Which of the following elements must be proven in order for a defendant to be convicted of criminal fraud? I.

A false statement Intent to defraud Ill. A.I only B. I and II only C. I and Ill only D.

L, II and Ill 31 . Which of the following is permissible use of the 5th Amendment's protection against self-incrimination? A. An individual defendant pleads the 5th to avoid being compelled to produce a hair sample to police. B.

A corporation pleads the 5th to avoid admitting criminal liability. C. An individual pleads the 5th in response too question from police about whether he committed the crime being investigated. D. All of the above are permissible. 32.

Specific performance could be a remedy to a breach of all the following contracts EXCEPT: A.The sale of the Empire State Building. B. The sale of a 2008 Honda Accord. C.

The sale of the Dad Vine's portrait, "The Mona Lisa. " D. The sale of Radon's sculpture, "The Thinker. " 33. Which of the following are required before the government may acquire private property via eminent domain? L.

Just compensation must be paid to the owner II. Government must take the property for purposes off public use Ill. Government must make sure that the owner is able to purchase an equivalent piece of property to replace the one s/he is losing B. Ill only C.

I and II only 34.Is it possible to obtain both patent and trade secrets protection for the same information? A. No, because a patent requires the company to make its information public, while a trade secret must not be known publicly. B. No, because trade secrets can never fall within one of the six categories of patentable subject matter.

C. No, because the government will not approve applications for both a patent and a trade secret for the same information. D. Yes 35.

Barney take his wife Betty to a Propose dealership and tells her to pick out whichever car she wanted as a birthday present.She chooses a red Baxter. Barney negotiates a price with the dealership and signs a contract paying cash for the car. Barney repeatedly tells the dealer that the car is a gift for his wife. The car is to be serviced and picked up at 10:00 am in the morning.

Barney dies that night. When Betty arrives at the dealership to get the car, they refuse to give it to her because only assignee. B. Better is entitle to the car as an intended beneficiary. C. Better is entitle to the car s an incidental beneficiary.

D. Better is not entitled to the car under any of the above theories. 36.Which of the following must a company show in order to obtain trade secret protection? L. The company has taken reasonable measures to keep the information secret. II.

The information has some economic value from not being publicly known. Ill. The company is the only one that possesses the information. B.

II only 37. An easement: A. Creates ownership of the land in question. B. Created a right to use the land in questions. C.

Created both ownership and a right to use the land in question. D. None of the above. 38. Jonathan is walking to his car in the parking lot of the local Olive Garden after meeting friends for dinner.On the way to his car, he notices a wallet lying open in the middle of the parking lot.

Assuming the owner of the wallet is never located, who is the legally entitle to keep the wallet and its contents? A. The Olive Garden, because the wallet was lost on their property. B. The Olive Garden, because the wallet was mislaid on restaurant property.

C. Jonathan, because he found a wallet that had been mislaid. D. Jonathan, because he found a wallet that had been lost. 39.

Larry offers to sell his car to Moe for $10,000. Moe responds that he will pay $9,000 for the car. Larry refuses Moue's offer.Moe then says that he will pay $10,000. At this specific point in time there is: A.

A contract for $10,000. B. No contract because Larry original offer has been terminated. C. A contract for $9,000. D.

No contract due to the lack of consideration. 40. Which of the following is NOT a typical defense in a patent infringement lawsuit? A. Fair use B. Non-infringement C. Invalidity D.

All of the above are typical defenses in a patent infringement lawsuit. 41 . As a birthday present, Dan gives his daughter Jangle the title to ocean front mummer home, so long as she never builds a pool on the property.Canella's B.

A fee simple absolute. C. A life estate. D.

A leasehold estate. 42. To determine punishment for crimes, federal Judges use: A. State law.

B. Local statutes. C. Codes ethnics. D. Sentencing guidelines.

43. When you purchase an item from Victorians secret, you typically receive a paper bag with horizontal pink stripes. Even without seeing the words Anchorite's Secret" on the bag, many people recognize that purchase is from Victorians Secret. The bags coloring and design would be considered: A. Trade dress B. A certification mark C.

A trademark D. A service mark 44. Danny has five pit bull dogs. The dogs bark constantly and terrify Dandy's neighbor, Thomas.

When Thomas tries to sell his house, no one will even look at it for fear of the dogs. If Thomas takes Danny to court, what should he claim that Danny has created? A. A public nuisance B. A private nuisance C.

An adverse possession D. An easement 45. Which of the following is NOT one of the categories of people that lack capacity to enter valid, binding contracts? A. Minors B.

Intoxicated persons C. The elderly D. All of the above