Exam 11: Nature and Terminology

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A contract is an agreement that can be enforced in court.

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An offer may not be revoked until it is accepted.

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All contracts must be in writing to be enforceable.

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Wilson buys a lottery ticket. Wilson has accepted an offer for

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An express contract must be in writing.

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Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely

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The element of intent is of prime importance in determining whether a contract has been formed.

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On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had

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Philo, a businessperson, is a friend of Quiana, the owner of Rise n' Shine, a coffee stand. Every day, Philo spends a few minutes at the stand, watching the brewing, considering the options, and usually buying a cup of coffee and something extra-a bagel, a muffin, a cookie, or a sandwich. One afternoon, Philo comes to the stand and picks up a bottle of iced coffee and a sandwich priced at $5 each. Philo waves the items at Quiana without saying a word and walks out. Is there a contract? If so, how would it be classified in terms of formation, performance, and enforceability?

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A promise is a declaration that something will or will not happen in the future.

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If a voidable contract is ratified, the parties must fully perform their respective legal obligations.

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The person who makes a promise is the promisee.

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A quasi contract is a fictional contract.

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If a contract term is ambiguous, a court can consider outside evidence.

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A contract that has been fully performed by the parties is an executory contract.

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Clay offers to pay Dian $50 for a golf lesson for Ewan. They agree to meet on Friday to exchange the cash for the lesson. These parties have

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An implied contract is not an actual contract.

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Informal contracts are usually based on their substance rather than their form.

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A letter-of-credit agreement between Rural Feed Corporation and Soy Farms, Inc., requires Rural's bank to pay Soy on receipt of invoices. This is

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Ray promises to give Steve his iPod in exchange for Steve's promise to pay Ray $50. Later, they exchange the device for the funds. A contract was created when

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