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Mar 23

1. Question
:

Smalltown is a small municipality within the state of
Florida. Smalltown derives its lawful authority from:

the U.S. Constitution.

its charter.

the state of Florida.

all of the above.

Question 2. Question
:

An acceptance occurs when:

a particular form of words is stated to the
offeror.

a particular mode of expression is made to the
offeror.

the
offeree reserves the right to reject the offer.

a clear expression of acceptance occurs.

Question 3. Question
:

Adam speaks with Sally on the telephone about purchasing a
soda machine for $200 and makes notes about the model number, the price, and
the delivery date. Sally also makes notes. Adam agrees to take delivery. They
have:

no
contract until these terms are in writing.

an implied in fact contract.

an express contract.

none of the above.

Question 4. Question
:

A merchant cannot revoke a firm offer to buy or sell goods
if the merchant has clearly:

promised to keep the offer open.

declared in the presence of two or more
reputable witnesses that the offer will be kept open.

received consideration to keep the offer open.

stated in a signed letter that the offer would
not be revoked.

Question 5. Question
:

Farida tells Jose that her boss, Marco, takes illegal drugs
at the office. Marco does not take illegal drugs.

This is slander whether it is true or not.

This is slander only because it is untrue.

This is an intentional tort.

This is malice.

Question 6. Question
:

Ralph Travelor, a U.S. businessperson, owns a gold mine in Brazil.
The government of Brazil seizes the mine and asserts that his previous profits
are just compensation.

Under the act of state doctrine, Ralph may
have little or no protection against the loss of his property.

Ralph will be protected under the act of state
doctrine.

Brazil will not be protected under the
doctrine of sovereign immunity.

None of the above.

Question 7. Question
:

The supremacy clause within the U.S Constitution:

establishes the Constitution as the only law
of the land.

establishes the Constitution as the supreme
law of the land.

establishes the Constitution and the treaties
of the U.S. as the supreme law of the land.

none of the above.

Question 8. Question
:

A portable trailer is an example of:

real property.

personal property.

subsurface property right.

none of the above.

Question 9. Question
:

The Parole Evidence Rule:

prohibits the introduction at trial of
evidence of the parties’ prior negotiations, prior agreements, or
contemporaneous oral agreements if that evidence contradicts or varies the
parties’ written contract.

provides an exception for evidence of
subsequent modification.

provides an exception for oral evidence that
shows that the contract is voidable or void.

all of the above.

Question 10. Question
:

The willingness of an offeror to enter into a contractual
agreement is a(n):

Student Answer: CORRECT offer.

acceptance.

INCORRECT contract.

agreement.

Question 11. Question
:

If a liquidated-damages clause is unreasonably high, the
clause will be held to be void as a(n):

penalty.

unliquidated damages clause.

punishment.

both A and C.

Question 12. Question
:

An agreement is not binding when:

one party makes a mistake regarding a material
fact.

both parties make a mistake regarding a
material fact.

one party makes a mistake of law.

both parties make a mistake of law.

Question 13. Question
:

Sally agrees to buy Will’s motorcycle for $300.00. This is
a:

Student Answer: unilateral
contract since it is only one motorcycle.

CORRECT bilateral contract.

unilateral contract since it is only one
transaction.

any of the above.

Question 14. Question
:

If an offeree accepts an offer before it is revoked:

a void contract is formed.

a voidable contract is formed.

an unenforceable contract is formed.

a valid
contract is formed.

Question 15. Question
:

In which of these cases is a contract between Y and Z
binding?

Y makes a mistake of material fact.

Y and Z make the same mistake of material
fact.

Y recklessly but honestly misrepresents a
material fact.

Y innocently misrepresents a material fact.

Question 16. Question
:

The Parole Evidence Rule:

allows no exception for oral evidence.

may prohibit the introduction of oral
evidence.

never provides for a modification of a written
contract.

all of the above.

Question 17. Question
:

Damages in case of default that are specified in a contract
are called:

nominal damages.

contract damages.

liquidated damages.

breach payments.

Question 18. Question
:

Statutes of limitations apply, for the most part, to:

both criminal and civil wrongs.

criminal wrongs only.

civil wrongs only.

none of the above.

Question 19. Question
:

Under the Uniform Commercial Code (UCC), a firm offer
applies to:

a written signed offer by a merchant to buy or
sell goods.

an unwritten but definite offer to buy or sell
goods.

a written signed offer, by anyone, to buy or
sell goods.

an unlimited stipulated period of time.

Question 20. Question
:

Steve says to Sarah, “If you mow my lawn each week, I
will pay you $300 a month.” Sarah mows the lawn each week for a month. A
court would most likely:

uphold the unilateral contract and order Steve
to pay $300.00.

find Sarah in breach of the contract.

conclude that no contract exists.

none of the above.

  

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