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An unenforceable contract is one that cannot be enforced because of certain legal defenses against it.

A) True
B) False

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Performance can constitute the consideration that creates a contractual obligation.

A) True
B) False

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After an accident with a vehicle licensed to Guardian Security Company,Heidi signs a covenant not to sue Guardian Security for damages in a tort action if it pays for the damage to her car.This covenant is​


A) a bar to recovery if Guardian Security pays.
B) an illusory contract.
C) barred by the preexisting duty rule.
D) barred by the doctrine of promissory estoppel.

E) All of the above
F) A) and D)

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A

Leon contracts to install automatic watering troughs in Kendall's dairy barn.Leon then becomes seriously ill and contracts with Jake to install the troughs.Jake is unreliable and never shows up to perform the contract.Kendall can sue​


A) no one.
B) Jake only.
C) Leon only.
D) Jake or Leon.

E) None of the above
F) A) and D)

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If no time for acceptance is specified in an offer,the offer terminates after a reasonable length of time.

A) True
B) False

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True

Anton tells Brooke,who has no knowledge of Shakespearean comedy,that he will tutor her in the subject for $50.As an offer,this is​


A) effective.
B) not effective because comedy is not a serious subject.
C) not effective because Anton's tutoring will be subjective.
D) not effective because Brooke has no knowledge of the subject.

E) A) and D)
F) A) and C)

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Both intended and incidental beneficiaries acquire legal rights in a contract.

A) True
B) False

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There are no revocable offers.

A) True
B) False

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If a bargain is grossly unfair,it is unconscionable.

A) True
B) False

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Marketing Solutions Inc.promises to employ Niki as a software engineer.In reliance on the promise,Niki quits her job with Online Ad Company,but Marketing Solutions does not hire her.Most likely,Marketing Solutions is​


A) liable to Niki under the concept of rescission and new contract.
B) liable to Niki under the doctrine of promissory estoppel.
C) liable to Niki under the preexisting duty rule.
D) not liable to Niki.

E) C) and D)
F) A) and D)

Correct Answer

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A covenant not to compete included in the sale of an ongoing business is never enforceable.

A) True
B) False

Correct Answer

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Under the doctrine of promissory estoppel,a promise will not be enforced unless it is supported by consideration.

A) True
B) False

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A release does not require consideration to be legally binding.

A) True
B) False

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K'Nect,Inc. ,makes an offer to Lori to enter into a contract to work as a salesperson for a certain salary plus commission for ninety days subject to a one-year renewal based on her performance.Lori accepts the offer.A valid contract requires​


A) a price and a subject.
B) a duration and a termination.
C) an offer and an acceptance.
D) all of the choices.

E) A) and B)
F) A) and D)

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Oceans Inc. ,a seafood distributor,agrees to buy from Paul,a commercial fisherman,any "overstock" of fish that Paul catches in excess of his legal limit.This agreement is most likely​


A) enforceable.
B) valid.
C) void.
D) voidable.

E) C) and D)
F) B) and D)

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Revenue & Sales Corporation and Software,Inc. ,enter into a contract for the design of custom software for which Revenue & Sales agrees to pay $64,500.Software transfers the right to payment under the contract to CreditLine LLC.This transfer is​


A) a delegation
B) an assignment.
C) prohibited.
D) a third-party beneficiary contract.

E) B) and C)
F) None of the above

Correct Answer

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Kevin obtains a loan from Liberty Credit Bank at an interest rate that exceeds the state's maximum.Liberty has​


A) none of the choices.
B) engaged in a restraint of trade.
C) violated a licensing statute.
D) committed usury.

E) B) and D)
F) A) and D)

Correct Answer

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Kim enters into a contract to lease an apartment from Laurel Wood Apartments.The lease contains an exculpatory clause.This clause is​


A) enforceable as a matter of public policy.
B) enforceable if it releases the landlord from liability regardless of fault.
C) enforceable if an event occurs to which the clause applies.
D) generally unenforceable.

E) C) and D)
F) None of the above

Correct Answer

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Fresh Gro,Inc. ,offers to deliver produce to the customers of Grocer's Mart for a certain price.Fresh's intent to extend a serious offer to Grocer's Mart is determined by reference to Fresh's​


A) assumptions.
B) beliefs.
C) intentions.
D) words and action.

E) None of the above
F) B) and D)

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Most ads-"this property for sale"-are offers.

A) True
B) False

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False

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