chapter 9

Question 1

Article 2 of the Uniform Commercial Code applies to all contracts for the sale of goods.
True or false?

Answer 1

true

Question 2

In a contract involving elements of both goods and services, a court will determine whether Article 2 of the Uniform Commercial Code (UCC) applies by:

Multiple Choice

applying the strict scrutiny test to the contract.

asking if the contract is barred by public policy.

applying the intermediate scrutiny test to the contract.

asking which element predominates in the contract.

Answer 2

asking which element predominates in the contract.

Question 3

Which of the following is false regarding the CISG?

Multiple Choice

The CISG applies only to commercial sales of goods.

The CISG applies in all countries.

The CISG generally requires that acceptance be a mirror image of the offer.

All parties must be merchants under the CISG.

Answer 3

The CISG applies in all countries.

Question 4

Not all agreements are contracts.
true or false

Answer 4

true

Question 5

Amy owns “We Mow Yards.” One of her employees, Sam, mistakenly mows the yard of Alice instead of the yard of customer Will, who was Alice’s neighbor. Alice was home at the time, saw what was going on, but said nothing. Does Alice owe anything to Amy, and if so, why?

Multiple Choice

Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under a quasi contract theory.

Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under the theory of promissory estoppel.

Alice owes Amy whatever the contract amount was that Amy had with Will under a quasi contract theory.

Alice owes Amy whatever the contract amount was that Amy had with Will under the theory of promissory estoppel.

Answer 5

Alice owes Amy an amount set by the court representing the reasonable value of the benefit received under a quasi contract theory.

Question 6

Tangible, movable personal property is/are:

Multiple Choice

Services

Land

Goods

Securities

Answer 6

Goods

Question 7

Article 2 of the UCC applies to the sale of goods.
true or false

Answer 7

true

Question 8

If Alfredo, a minor, buys a used car from “Good Carma” Used Cars, the parties have a void contract.
true or false

Answer 8

false

Question 9

A contract where all of the parties have performed their duties under the contract is:

Multiple Choice

Executed

Express

Implied

Executory

Answer 9

Executed

Question 10

Contracts for the sale of real estate must be in writing to be enforceable.
true or false

Answer 10

true

Question 11

The contracts students enter into with a bookstore to buy books are governed by the U.C.C.
true or false

Answer 11

true

Question 12

Sandy owns a sandwich shop and offers a free sandwich to any customer who shows receipts for the purchase of ten sandwiches. Ben shows the required receipts and requests a free sandwich. Sandy agrees and provides him with a sandwich. This is an example of what type of contract, if any?

Multiple Choice

A bilateral, executory contract

A bilateral, executed contract

A unilateral, executed contract

This type of transaction does not involve a contract.

Answer 12

A unilateral, executed contract

Question 13

Written evidence of some kinds of contracts is required.
true or false

Answer 13

true

Question 14

All promises are contracts.
true or false

Answer 14

false

Question 15

A promise for performance is known as a:

Multiple Choice

Bilateral contract

Express contract

Implied contract

Unilateral contract

Answer 15

Unilateral contract

Question 16

A legal fiction created by courts to avoid an injustice is known as a(n):

Multiple Choice

Quasi contract

Voidable contract

Implied contract

Express contract

Answer 16

Quasi contract

Question 17

An agreement to steal a car is a voidable contract.
true or false

Answer 17

false

Question 18

Jose’s vehicle breaks down along a major highway blocking the road. Another motorist called a tow truck driver, Bob, who towed the vehicle to the nearest garage. Jose accepted the services of Bob, and there was no discussion regarding payment. Two weeks later Jose received a bill from the tow truck company for $80, the fair value of the tow. Which of the following statements is true?

Multiple Choice

Tow truck drivers and other types of vehicles used in emergencies are required by law to render assistance when necessary and may not request compensation.

An implied contract was formed, and Jose must pay the bill assuming the amount represents the reasonable value of the services received.

Jose did not call Bob, never agreed to pay for the tow, and does not have to pay the bill.

Because an express contract was formed, Jose must pay the bill.

Answer 18

An implied contract was formed, and Jose must pay the bill assuming the amount represents the reasonable value of the services received.

Question 19

A contract is an ethical obligation not enforceable by a court.
true or false

Answer 19

false

Question 20

Upon winning the lottery, Lillian orally promised $3 million to the local parks department to construct a new playground. The total cost of the playground is $5 million so the parks department launched a huge fundraiser to get the additional $2 million. After months of work, the parks department had raised the additional funds and requested the $3 million from Lillian. Lillian informed the parks department that she had changed her mind and was no longer willing to donate the money. Under which of the following should the parks department file suit?

Multiple Choice

Breach of quasi-contract

The parks department has no grounds for suit.

Promissory Estoppel

Breach of contract

Answer 20

Promissory Estoppel