1) Which kind of contract is

1) Which kind of contract is most likely to cause a court to award specific performance to the plaintiff in a breach of contract action?

a. Employment

b. Real estate contract

c. Express

d. Lease of non-durable goods

2) Eve makes the following offer to Finlay: “I will pay you $50 if you perform the act of unloading my truck.” Finlay’s acceptance is complete

a. Once Finlay starts to unload the truck

b. When Finlay hears Eve’s offer

c. As soon as Finlay promises he will unload the truck

d. Only after Finlay unloads the truck

3) Royal Properties, Inc. mails flyers to hundreds of firms, advertising that it can sell prefrabricated buildings for $75,000. Standard Manufacturing Company responds to the ad in writing, saying “We accept your offer.” Between the two companies, there is

a. Merely a solication by Royal Properties for an offer and no enforceable contract until Royal Properties accepts

b. A contractual requirement to negotiate the sale of the building in good faith and completea contract

c. A valid and enforceable contract for the sale of the building

d. A right of first refusal to consider the offer before any offers

4) When Jeff’s car breaks down, he calls Kwik Tow on the phone and leaves a voicemail asking one of their tow truck drivers to tow the car to Loyal Repair Shop, gives the address of the car the repair shop, and says the keys are in the glovebox. After hearing the voicemail, a Kwik Tow driver tows the car to the designated shop. After the tow, Kwik sends Jeff a bill. With respect to Jeff’s obligation to pay the bill, this is

a. An implied contract

b. An express contract

c. None of the above

d. No contract

5) As a judge, Diane applies common law rules. These rules develop from

a. Statutes enacted by Congress

b. Decisions of the courts in legal disputes

c. Uniform laws drafted by legal scholars

d. Regulations issued by administrative agencies

6) Grant offers to sell his Honda Civic for $10,000 to Ivy. Referring to the Blue Book price for the car, Ivy says, “I pay you no more than $5,000.” Grant says “Forget it.” Grant’s offer was terminated by

a. Honda

b. Grant

c. Mutual agreement

d. Ivy

7) Deepwater Mining Corporation offers to sell East China Refining, Inc. a set of services to aid in the oil refining process. If East China sends an acceptance via Deepwater’s authorized model of communication, it will be effective when it is

a. In transit

b. Received

c. Sent

d. Written

8) Clay buys an MP3 player for $200 and a pair of stereo speakers for $600, each from a different Discount City store location and downloads $300 worth of digital music from iTunes. To be enforceable, which contracts must be in writing?

a. The MP3 player only

b. The digital music, the MP3 player, and the speakers

c. The MP3 player and the speakers only

d. The speakers only

9) For which of the following contracts would an oral agreement be enforceable?

a. A contract between a vegetable purveyor and a restaurant under which the restaurant is purchasing $1500 worth of various vegetables

b. A contract between me and US Bank under which I agree to pay off my friend’s credit card in full within one year

c. A contract between a band and a record label under which the band is obligated to release ten albums with the record label

d. A contract that allows me to park my boat on another person’s land for the next five years

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