- Which party prevailed in the Lambert v. Barron case? ________________ (Fill in the blank)
- Why did the court find that a contract did, or did not, exist in Lambert v. Barron? Be sure to explain the law properly. (Short Answer)
- In Meram v. MacDonald, the courts decision turned on its conclusion that: (Multiple-Choice)
- Frank felt like he should have received the one million dollars in one installment.
- Frank was upset that he would have to live for a million years to get the million dollars.
- a reasonable person listening to MacDonalds announcement would have concluded that a contractual agreement occurred.
- a reasonable person listening to MacDonalds announcement would not have concluded that a genuine offer had been conveyed to Meram.
- In Meram v. MacDonald the court viewed the evidence in the light most favorable to: (Multiple-Choice)
- MacDonald for the allegations, but Meram for the facts.
- None of the above.
- Using the rule of law concerning the Mailbox Rule, if an offer requires that acceptance be communicated by July 1, 2014 via mail, and the acceptance is dispatched in the U.S. mail by the offeree on July 1, 2014, but not received by the offeror until July 5, 2014, then: (Multiple-Choice)
- no contract is formed, since the offeror will undoubtedly receive the dispatched acceptance after the deadline for acceptance.
- a contract is formed, but the contract is voidable at the election of the offeror.
- the acceptance is timely and a contract is formed, even though the offeror actually receives the acceptance well after the specified date has passed.
- the acceptance is timely and a contract is formed, but only if the offeror actually receives the acceptance by the deadline specified for acceptance.
|6.||Milner Developers, Inc. proposed an offer to Keanu Wright, an independent contractor, to hire him for their next project. They offered him a rate of $5,000 and specified the contract details along with describing the stipulated mode of acceptance but received no response. Wright responded to the offer after a delay of two months with a demand for $8,000 to perform the contract. Do the two parties have a binding contract? (Multiple-Choice)|
A. No, because the offer made by Milner Developers was ambiguous.
B. No, because Wrights letter was a counteroffer to the original offer.
C. Yes, because Milner Developers did receive a response from Wright.
D. Yes, because Wrights silent signaled his acceptance of the offer.
- In Gottlieb v. Tropicana Hotel and Casino, which party prevailed and why? (Be brief, but be sure to explain the law properly.) (Short Answer)
- Apply the courts holding in Gottlieb v. Tropicana Hotel and Casino to the following: a golfer signs up for a tournament after she sees an advertisement that anyone in the tournament who shoots a hole in one on the 7th hold wins a new car. The golfer signs up for the tournament, and she shoots a hole in one on the 7th hole. The golfer sues the tournament organizers when they refuse to present her with a new car. Who wins and why? (Short Answer)
- Which of the following must a person prove to rescind a contract if the misrepresentation was innocent?
- That the fact was asserted
- That the fact was disclosed
- That the fact was material
- That the fact was ratified
- The court in, Galloway v. Iowa, found that a parental pre-injury release of a minors injury during an activity with Upward Bound was an enforceable contract between parties with the capacity to contract (the mother and Iowa) and therefore, the age of the minor is irrelevant. T or F
- In Galloway v. Iowa, the court held that a parent may waive the preinjury rights of her child so that the child may participate in dangerous activities, which is why Iowa prevailed. T or F
- In most states, the mere fact that a minor is emancipated will not give her capacity to contract. T or F
- Provide two separate hypotheticals which would convince a court not to enforce a contract between two parties under the grounds of: (Short Answer)
- A) undue influence, and
- B) duress.
- Courts sometimes will not enforce a noncompetition clause in a contract. For example, if Dr. Taz is hired as a veterinarian at Hill Veterinarian Services, Inc., and requires Dr. Taz to sign an agreement whereby if Dr. Taz is ever fired, or quits, that he will be prohibited from working as a veterinarian anywhere within 50 miles of Hill Veterinarian Services, for a period of one year. This noncompetition clause in Dr. Tazs employment contract with Hill Veterinarian Services would most likely be upheld. Write a short hypothetical (no more than one paragraph) which would be an example of a noncompetition clause which would NOT be upheld by the court, and explain why. (Short Answer)
|15. Which of the following is covered by the statute of frauds? (Multiple-Choice)|
A. A. A real estate contract
B. A $499 contract for the sale of a computer
C. A contract that can be performed within a week
D. A $100 VCR repair