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An offer that can be accepted simply by a promise to perform does not create a binding contract.

A) True
B) False

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The contracts entered into by a minor are voidable at the option of that minor.

A) True
B) False

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Raj agrees to work as a freight broker for Shipping Inc. In determining whether a contract has been formed, an element of prime importance is the parties'


A) intent.
B) objectives.
C) subjective beliefs.
D) motives.

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

Correct Answer

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Mesa County contracts with New Construct Inc. to build a courthouse. New Construct hires Odell to excavate the site. Odell's work damages adjacent properties. Mesa files a suit against the excavator, who argues that the county is not named in his contract with New Construct. Most likely, the court will hold that Odell is


A) not liable because Mesa is not named in Odell's contract.
B) not liable because Odell's contract was with New Construct, not Mesa.
C) liable on the ground that Mesa is an incidental third-party beneficiary.
D) liable on the ground that Mesa is an intended third-party beneficiary.

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

Correct Answer

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By supplying procedures for enforcing private agreements, contract law provides an essential condition for the existence of a market economy.

A) True
B) False

Correct Answer

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Marketing Inc. offers to create a campaign to increase N'Ice Cream Inc.'s online business. N'Ice agrees to pay for the service. These parties have


A) no contract.
B) an express contract.
C) an implied contract.
D) a formal contract.

E) A) and C)
F) B) and C)

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To apply the doctrine of promissory estoppel in a given situation, there must exist no clear or definite promise.

A) True
B) False

Correct Answer

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The offeror's intention to become bound by the offer must be subjectively clear.

A) True
B) False

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Contracts entered into by mentally incompetent persons are not valid under any circumstances.

A) True
B) False

Correct Answer

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An offer made in undue excitement is an effective offer.

A) True
B) False

Correct Answer

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Khe says, "I plan to sell my Apple stock." This is not an offer because


A) the statement is not addressed to a specific offeree.
B) the offeror has only committed to negotiate the terms in good faith.
C) a statement of future intent to do something in the future is not an offer.
D) an expression of opinion does not indicate an intent to enter into a deal.

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

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National Trucking Company begins transporting crude for Oil Inc. under a contract for a stated amount per load. After six months, National demands an increase in the stated amount because ordinary business expenses have increased. Oil's agreement to pay the increased amount is


A) enforceable as the consideration is past.
B) enforceable due to unforeseen difficulties.
C) unenforceable as an illusory promise.
D) unenforceable due to the preexisting duty rule.

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

Correct Answer

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Raj defends against a breach-of-contract suit by Student Loan Corporation by claiming that their deal-a student loan-was unfair because the consideration for the contract was inadequate. With respect to Raj's defense, the court will most likely rule in favor of the lender on the ground that


A) Raj promised to do something that he had no prior legal duty to do.
B) Raj performed an act that he was not otherwise obligated to undertake.
C) Raj refrained from an act that he had a legal right to undertake.
D) the adequacy of the consideration is not for the court to determine.

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

Correct Answer

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Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its market value. This contract is enforceable if, at the time,


A) Efron's intoxication was purely voluntary.
B) Gretel fraudulently induced Efron to become intoxicated.
C) Gretel was also intoxicated.
D) Efron understood the legal consequences.

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

Correct Answer

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A contract that calls for an action contrary to public policy is illegal but not unenforceable.

A) True
B) False

Correct Answer

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An exchange of e-mails cannot create a complete and unambiguous binding agreement.

A) True
B) False

Correct Answer

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Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. Between Shipping and its customers, the UETA applies if the parties agree to conduct transactions by


A) electronic means.
B) paper documents.
C) any of the choices.
D) verbal communication.

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

Correct Answer

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Posting an item for sale on an online auction site is an offer to form a contract.

A) True
B) False

Correct Answer

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Contracting parties are bound only by terms that can be objectively inferred from promises made.

A) True
B) False

Correct Answer

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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 Agency, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is


A) liable to Niki under the concept of rescission.
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) A) and D)
F) A) and C)

Correct Answer

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