All flashcards
105 cards
1What is a contract?
2What four basic elements are required to form a contract?
3What is an offer?
4How certain must an offer’s terms be to constitute a valid offer?
5A company sent a letter to a vendor. The letter detailed the company’s intent to purchase materials and closed with: “Your acceptance of this offer...
6Under what circumstances can an advertisement constitute a valid offer?
7A car dealership advertised online that it was selling a convertible for $15,000 to celebrate the dealership’s fifteenth anniversary. Underneath a ...
8A farmer was considering selling a farm and knew that a man was interested in buying it. The farmer composed an email to the man, offering to sell...
9Under what circumstances can a joke or an offer made in jest constitute a valid offer?
10In a case of mutual misunderstanding as to the nature of an apparent offer, what test do courts use to determine whether the communication could re...
11Does a binding contract require that the parties intend to be legally bound?
12Under the objective test of intent, is evidence of a party’s subjective understanding and intention relevant and admissible to determine the party’...
13Is an invitation to negotiate a valid offer?
14How does a party make a valid offer for a unilateral contract?
15A cleaner offered to clean the carpets in a man’s house on Friday afternoon for $500, to be paid no later than noon that Friday.Did the cleaner mak...
16What is an acceptance?
17At common law, is a contract created if an offeree accepts an offer but also adds an additional term not in the offer?
18What is the last-shot rule?
19A landowner mailed an offer to sell a plot of land to a woman for $500,000. The woman wrote back and stated, “That price is too high. I will buy th...
20Under what circumstances may an offeree’s silence constitute a valid acceptance?
21Under the UCC, is a contract created if an offeree accepts an offer but also adds an additional term not in the offer?
22If an offer for a unilateral contract permits acceptance exclusively by non-instantaneous performance, must the offeree complete performance to acc...
23At 8:00 a.m., a homeowner called a plumber and left a voicemail message reporting that a water pipe in the homeowner’s house had burst and needed u...
24Which six events or circumstances will terminate an offer before the offer has been accepted?
25What is an option contract?
26A man emailed a woman and offered to sell her some land. The man’s email stated that the offer was irrevocable and would be held open until 6:00 p....
27What is a firm offer?
28A seller, who was a homeowner, was moving and needed to sell some furniture. The seller called an antiques dealer and invited the dealer to inspect...
29May an offeror revoke an offer for a unilateral contract after the offeree begins performance, but before a reasonable time has passed for completi...
30Under the UCC, can parties form a contract by engaging in conduct that recognizes a contract, even if the written communications between them are t...
31What is the mailbox rule?
32On February 1, the offeror mailed a letter to the offeree, offering to sell a building for $2 million. The offeree received the letter on February ...
33What three main categories of offers are not governed by the mailbox rule?
34Must a party manifest an intent to be legally bound by the terms of a contract in order for the contract to be binding?
35Under what circumstances may a seller of software bind a buyer to licensing terms that are not disclosed to the buyer at the time of purchase but a...
36Can a contract be formed by automated means on a website without the review or approval of a human?
37Under what circumstances can a website operator bind a customer to standard contract terms accessible through a link on a website?
38A retailer operated a website on which customers could order its products. The retailer intended to make all transactions on the website subject to...
39What are the material terms to a contract?
40A lessee and lessor entered into a five-year lease of premises. The lease granted the lessee an option, exercisable in the last month of the initia...
41Is a contract for the sale of goods valid and enforceable if it does not state the price of the goods?
42What is a requirements contract?
43A city entered into a contract with an asphalt company. Under the contract, the asphalt company agreed to supply the city’s asphalt requirements fo...
44If parties have executed an informal written memorandum setting out the material terms of an agreement, which four factors will courts evaluate in ...
45If a word used in a contract has a plain, unambiguous dictionary definition, is it appropriate for a court to admit contextual evidence to show tha...
46What is consideration?
47Under the bargain theory of consideration, is it enough for valid consideration that one party benefits from the detriment of the other?
48Can a contract be formed if one party receives nothing of value for its performance?
49A man promised to give a gift to his neighbor. The neighbor and the man executed a written agreement stating that the man’s promise was made “in ex...
50What is the difference between sufficient consideration and adequate consideration?
51Can the parties to a contract determine for themselves whether consideration is adequate?
52Is an enforceable contract created if a promise of very large value is exchanged for an item of very small value?
53Will grossly inadequate consideration that shocks the conscience result in an enforceable contract?
54Does an exchange of promises constitute sufficient consideration to create an enforceable contract?
55What is a gratuitous promise?
56A builder agreed to remodel a homeowner’s bathroom and charge the homeowner only for the cost of materials.Do the parties have an enforceable contr...
57A woman had been working hard in a stressful job. Her uncle noticed that she looked pale and exhausted, and he said, “You need a vacation. I know t...
58What is an illusory promise?
59If a particular performance would constitute consideration, does a promise to render that performance in the future also qualify as consideration?
60Can a party give valid consideration by promising the other party to render performance to a third person who is not a party to the contract?
61Can an existing duty serve as consideration for a new agreement between the same parties?
62A truck driver contracted with a manufacturer to deliver goods to a warehouse by 5 p.m. on Friday. On Thursday, the manufacturer suddenly realized ...
63A 21-year-old man enjoyed smoking cigars. The man’s aunt was concerned that smoking was hazardous to the man’s health, so she told the man that if ...
64Under what circumstances can a settlement agreement be supported by sufficient consideration?
65A patient had surgery to fix a painful knee, but the surgery did not alleviate the pain. The patient consulted a lawyer about suing the surgeon for...
66Can agreeing to settle an ultimately invalid claim ever provide sufficient consideration?
67Can past consideration support a contract?
68While walking along a beach, a woman saw a swimmer struggling in the rough surf and calling for help. The woman jumped into the water and saved the...
69May a contract stipulate that the sufficiency of one party’s performance depends on the other party’s satisfaction with that performance?
70Does an agreement for the sale of goods lack consideration if it binds the seller to supply goods ordered by the buyer, but it gives the buyer the ...
71Is an exclusive agreement to sell goods on behalf of another, in which a seller is not bound to actually sell any goods, supported by sufficient co...
72An artist entered into an agreement with an art gallery under which the gallery would take a commission of 30 percent of the sale price of any of t...
73What five elements must a plaintiff prove to succeed in a claim for promissory estoppel?
74If a promisee acts in justifiable reliance on a promise but does not suffer a detriment if the promise is not kept, can the promisee use promissory...
75To enforce a promise under the doctrine of promissory estoppel, must a promisee prove that the promisor made the promise with the intent of inducin...
76Is promissory estoppel relief available to a promisee who would have taken the same action allegedly induced by reliance on a promise even if the p...
77A man told his sister that he would give her a gift certificate for a certain hotel as a birthday present. On the strength of this promise, the sis...
78A florist needed cash to save a struggling business and approached a friend to try to secure an investment in the business. The parties entered neg...
79A customer asked a builder to bid for remodeling work. The builder solicited bids from subcontractors for a rewiring project included in the work. ...
80A member of a church promised the pastor that she would donate $10,000 to the church the following January. The pastor recorded the promised amount...
81What remedy will a court provide for a promissory estoppel claim?
82What is the difference between a contract implied in fact and a contract implied in law?
83What are the elements of a claim for unjust enrichment?
84A caregiver cared for a friend during the friend’s long, fatal illness. The caregiver and the friend never formed a contract to compensate the care...
85The plaintiff and defendant owned contiguous plots of undeveloped land accessible only by a rural dirt road. The plaintiff decided to develop its p...
86May states define circumstances under which a signed writing forms a contract, even without consideration?
87Under common law, is new consideration required for a modification of a contract?
88What is the rationale for the common-law rule requiring new consideration to validate the modification of an existing contract?
89A farmer hired temporary workers in advance for a one-day job picking berries for shipment. All the berries had to be picked on one specific day, s...
90Is a modification to an existing contract supported by sufficient consideration if both parties alter their duties?
91Under the unanticipated difficulties rule, what must a party prove to validate a contract modification without consideration?
92Does a modification of a contract for the sale of goods require consideration in order to be valid?
93A buyer entered into a contract to buy a painting from a gallery for $500,000. Soon after the contract was executed, but before the painting was de...
94In a written contract, is a provision stating that the contract can be modified only by a signed writing valid?
95Can a party invalidate a modification to a contract by proving that the modification was extorted by duress?
96A builder was under great pressure to complete a construction project on time and would suffer significant penalties if the project did not meet th...
97May forbearance to do something a party has a legal right to do constitute sufficient consideration to form a contract?
98What types of contracts are governed by the Uniform Commercial Code (UCC)?
99What are the five ways that a contractual offer may terminate without a contract being formed?
100What is the mirror-image rule for contract formation?
101For contracts governed by the Uniform Commercial Code (UCC), must the acceptance terms always be identical to the offer terms?
102What is consideration?
103What three elements are necessary for the doctrine of promissory estoppel to apply?
104Under the common law, does a modification to a contract typically require new consideration on both sides to be enforceable?
105Under the Uniform Commercial Code (UCC), what is necessary for a contractual modification to be enforceable?
All flashcards
105 cards