All flashcards
68 cards
1Is the interpretation of the plain meaning of contractual language a question of law for the judge?
2Under what circumstances does contract interpretation present a question of fact for the jury to resolve?
3What is parol evidence?
4What is the parol evidence rule?
5What is a completely integrated agreement?
6How does the parol evidence rule apply to completely integrated agreements?
7A manufacturer and supplier exchanged emails discussing the formation of a supply contract. At the same time that they were sending emails back and...
8A lender and a borrower met to sign a written loan agreement prepared by their lawyers. The written contract included an early repayment penalty. T...
9What is a partially integrated agreement?
10A buyer bought a used car from a dealer. The written contract stated that the car was sold “as is,” which meant that it had no warranty. However, t...
11If parties have entered into a written contract, does the parol evidence rule bar testimony about a subsequent oral agreement between the parties m...
12Is evidence of a prior oral agreement that a contract is subject to a condition precedent admissible if the condition is not contained in the parti...
13Is evidence of trade usage generally admissible under the parol evidence rule to explain or supplement the terms of an apparently integrated writte...
14Is evidence of a course of performance barred by the parol evidence rule?
15Does the parol evidence rule bar extrinsic evidence used to show that a contract is unenforceable?
16A buyer was considering purchasing a seller’s home. The buyer asked the seller if the furnace worked. The seller replied that the furnace was quite...
17Does the parol evidence rule bar evidence that the consideration to a contract is a sham?
18Does the parol evidence rule bar extrinsic evidence that varies the legal effect of a contract or otherwise contradicts an implied contract term?
19A seller granted a buyer an option to purchase a plot of land. The buyer decided not to buy the land. The option was valuable because it offered th...
20Do courts prefer to give reasonable, lawful, and effective meaning to contract terms?
21Will courts permit general language to control over specific and exact terms in interpreting a contract?
22An apartment lease provided that the lessee “shall be responsible for all damage caused to the premises by the lessee, guests, invitees, contractor...
23If a contract uses a list, are items in the same category as those listed impliedly included or excluded from the contract?
24A divorce settlement agreement between a husband and wife stated that the husband would retain all jointly owned property except for “the family ho...
25Which receives greater weight when a court is interpreting a contract, standard terms or negotiated terms?
26What is an ambiguous term?
27If the parties ascribe different meanings to an ambiguous term, and one party knows of the misunderstanding at the time of the contract, which part...
28If the parties ascribe different meanings to an ambiguous term, and neither party knows of the misunderstanding, has a contract formed?
29If contractual language is clear and unambiguous on its face, is it permissible for the court to admit evidence offered by a party to demonstrate t...
30Should a court confine its interpretation of a contract to the plain meaning of the contractual language if available contextual evidence shows tha...
31What is trade usage?
32A restaurant in a food court was forbidden from serving “hamburgers” by the terms of its lease. This provision was included in the restaurant’s lea...
33What is a course of dealing?
34What is a course of performance?
35What is the difference between a course of dealing and a course of performance?
36If various pieces of evidence regarding a course of performance, a course of dealing, and usage of trade conflict and cannot be reconciled, which w...
37Thirty years ago, a landowner granted a license to a power company to run “wires” across the landowner’s land. The fee to be paid to the landowner ...
38If a term is not defined in a contract and no extrinsic evidence helps to determine the parties’ intended meaning, will a court select a reasonable...
39An insurance policy drafted by an insurer indemnifies the insured for “embezzlement,” which has two alternative dictionary definitions. The most co...
40If a term in a standard contract has a technical meaning in a particular industry, and the nondrafting party is not a member of the industry and ha...
41A jeweler’s insurance policy covered the theft of jewelry from a vehicle only if the insured was “in or upon” the vehicle at the time of the theft....
42If neither contextual evidence nor reasonable construction allows for the resolution of a fundamental ambiguity in a material term of an executory ...
43Under what circumstances is a contract term indefinite?
44What does it mean for a contract term to be omitted?
45In a contract, what is a term implied in fact?
46In a contract, what is a term implied in law?
47Do all contracts have an implied duty of good faith and fair dealing?
48If a contract does not specify the sequence in which the parties must perform, what is the default rule implied in law?
49In a contract for the sale of goods, how is the price of goods determined if the parties have agreed to the sale but have not made any express agre...
50May a contract for the sale of goods leave determination of a price term solely to the seller?
51Is an agreement for the sale of future services valid and enforceable if the parties allow the seller to fix the price of the services at the time ...
52What is an output contract?
53A soup company entered into an agreement with a farming company under which the soup company agreed to buy the farming company’s entire crop of tom...
54What is a requirements contract?
55If a contract for the sale of goods omits whether the goods are to be delivered in single or multiple lots, what default term does the UCC provide?
56If a contract for the sale of goods omits where the goods should be delivered, what default term does the UCC provide?
57What default terms does the UCC provide when a contract for the sale of goods does not specify a time for delivery?
58When one party to a contract for the sale of goods has the right to terminate unless an agreed-upon event occurs, what must that party do to exerci...
59When a contract for the sale of goods omits an express term for when payment is due, what default term does the UCC supply?
60When a contract for the sale of goods does not specify a form of payment, what default term does the UCC supply?
61A seller advertised a used car for sale. After inspecting the car, a buyer offered to buy it for $6,000. The seller accepted the offer. The parties...
62May a contract for the sale of goods leave open the particulars of performance?
63If a contract for the sale of goods is silent on the matter of the assortment of good sold, which party may define the assortment of goods?
64A retailer entered into an agreement with a supplier under which the retailer agreed to buy, and the supplier agreed to sell, $100,000 worth of coo...
65For the purposes of the parol-evidence rule, extrinsic evidence is evidence that (1) is from ________ and (2) was created ________.
66For the purposes of the parol-evidence rule, a written contract is fully integrated if the parties adopted the writing as ________.
67Under the parol-evidence rule for contracts, extrinsic evidence is:(1) not admissible to ________ or ________ the terms of a fully integrated agree...
68If a contract is partially or fully integrated, courts may still consider extrinsic evidence for which six purposes?
All flashcards
68 cards