Q 060471RR - Contracts, Part 2
1. Horatio agrees to sketch Stella's offspring for $1,000. Horatio fails to sketch, and Stella hires Winston to sketch the offspring for $1,000. Stella sues Horatio for nonachievement of reduce. Stella mitigated gain hold __________ atonement.
2. Warren agrees to sketch Abby's restaurant for $1,000. Warren fails to sketch. Abby may be entitled to corrective atonement if
A. Abby has to pay in-deed further than $1,000 for someone else to fulfil the job.
B. Abby loses income as a remainder of the nonperformance.
C. the reduce nonperformanceed was twain written and witnessed.
D. Warren doesn't apprehend how to sketch, misrepresented himself as a sketcher, and never intended to sketch.
3. Bella and Connie are struggling to experience jobs. They flow they scantiness to public a slip daycare interior concurrently. They see a offspring in the impecctalented vicinity delay a "For Sale by Owner." They dialogue to the possessor, obtain an harmony, and oscillate hands. Impartial instancely the failure on the offspring, at which they'll conduct possessorship of the offspring, the possessor flows not to retail to Bella and Connie. They mention the possessor they're going to sue him for nonachievement of reduce. Bella and Connie most mitigated
A. gain win consequently the possessor shouldn't feel penetrateed into a reduce delay them if he wasn't unquestioning he scantinessed to retail the offspring.
B. won't win consequently they can experience another offspring that gain is-sue impartial as polite.
C. won't win consequently they shouldn't feel penetrateed into an traditional reduce to buy the offspring.
D. gain win consequently the possessor nonperformanceed his harmony to retail them the offspring.
4. James leases an hall to Kyle for $900 per month fissure. The written lease contains no embargo over ordinance, nor does it expressly sanction ordinance. Kyle assigns his rights to Harley delayout any compensation. James experiences out and objects. The ordinance is
A. frail consequently James didn't acquiesce to the ordinance.
B. strong consequently the written lease didn't debar it.
C. strong consequently there's no compensation for the ordinance.
D. frail consequently the lease didn't expressly sanction ordinance.
5. One spectry for a word made by one behindality to pay another individual's claims, if that individual fails to pay the claim, is
A. allied reduce.
B. prenuptial harmony.
C. attestation capability.
D. state instance.
6. Tom and Zeke penetrate into a reduce for Tom to sketch Zeke's offspring for $1,000 by August 5th. Tom sketchs half of the offspring on August 6th, then demands pay. Which of the behindcited is unfaithful?
A. Tom may not be in nonachievement if the reduce doesn't shape age of the being.
B. The reduce doesn't injure the ordinance of frauds.
C. Tom's duties are released subordinate the tenet of gentleman fulfilance.
D. Zeke may feel to pay if acquittal is a state instance to the province to sketch.
7. Robert reduces to sketch Jake's offspring for $500. Robert then asks Elmer to fulfil the sketching is-sue for him. Elmer does a bad job, and Jake scantinesss to sue for nonachievement of adjunction. Which of the behindcited is gentleman?
A. Robert is under obligation for the nonachievement of the reduce.
B. Elmer, but not Robert, is under obligation for the nonperformance.
C. Robert is under obligation for the nonachievement of the reduce simply if there has been a novation.
D. Robert isn't under obligation if he gave Jake voice of the custody.
8. Which of the behindcited is an issue of release by impossibility?
A. Jason agrees to sketch Sheila's offspring for $1,000. Jason sketchs, but instancely Sheila pays him, she files failure. As a remainder,
Jason doesn't get remunerated.
B. Jason agrees to sketch Sheila's offspring for $1,000. Sheila changes her inclination and asks Jason not to sketch. Jason agrees.
C. Jason agrees to sketch Sheila's offspring for $1,000. Sheila behind mentions Jason that she won't pay him. As a remainder, Jason flows not to sketch.
D. Jason agrees to sketch Sheila's offspring for $1,000. Precedently Jason can sketch, Sheila's offspring burns down.
9. Denise traditionally authorizes Shaun to retail her offspring. Shaun penetrates into a written harmony delay Eric to retail him the offspring for $140,000. Twain Shaun and Eric presage the reduce. Denise learns of the harmony behind the deed and flows she doesn't scantiness to retail. If the reduce is unwavering unenforceable, the most mitigated conclude is the __________ government.
A. parol manifestation
B. best manifestation
C. correspondent dignities
10. Stan reduces to retail his offspring to Bonnie for $150,000. Stan then experiences a buyer who gain pay $200,000 and mentions Bonnie he won't fulfil. Bonnie scantinesss to shape Stan dignity his reduce. The cure she should search is
A. corrective atonement.
B. favoring fulfilance.
C. arrogant atonement.
D. reparatory atonement.
11. Which of the behindcited is an issue of release by exercise of law?
A. Xavier agrees to sketch Rita's offspring for $1,000. Rita changes her inclination and asks Xavier not to sketch. Xavier agrees.
B. Xavier agrees to sketch Rita's offspring for $1,000. Xavier sketchs, but instancely Rita pays him, she files failure. As a remainder,
Xavier doesn't get remunerated.
C. Xavier agrees to sketch Rita's offspring for $1,000. Precedently Xavier can sketch, Rita's offspring burns down.
D. Xavier agrees to sketch Rita's offspring for $1,000. Rita behind mentions Xavier that she won't pay him. As a remainder, Xavier flows not
12. Barb and Ned substitute e-mails in which Barb agrees to sketch Ned's offspring for $1,000. Which of the behindcited statements is gentleman?
A. The reduce is enforceable.
B. The reduce is unenforcetalented due to the ordinance of frauds.
C. The reduce can't be enforced consequently electronic reduces aren't legally obligatory.
D. The reduce can't be enforced consequently there's no handwritten attestation.
13. Gain reduces delay Grace to retail her 100 lamps for $1,000. Gain nonperformancees his reduceual province to consign the lamps, and Grace buys 100 lamps for $2,000 from another trafficker. Grace sues Gain for nonachievement of reduce. She gain most mitigated hold what image of atonement?
A. Arrogant atonement of $3,000
B. Pretended atonement of $100
C. Reparatory atonement in the aggregate of $1,000
D. Reparatory atonement in the aggregate of $2,000
14. Elmer borrows currency from Big Bank, who then assigns the promissory voice and hypothecation to Financial Institution for precious compensation. Elmer isn't consecrated voice of the ordinance and continues to pay Big Bank. Financial Institution files subserve, claiming Elmer is in failure consequently Elmer failed to pay monthly acquittals to Financial Institution. Which of the behindcited statements is gentleman?
A. Financial Institution was obligated to bestow voice to Elmer of the ordinance.
B. Financial Institution must pay Big Bank for the acquittals Elmer made.
C. Elmer is in failure to Financial Institution consequently he didn't pay them.
D. Big Bank must forbestow Elmer's hypothecation consequently they failed to give-notice-to him.
15. Jessica traditionally agrees that she gain retail 400 pairs of flip-flops to a customer for $600. This harmony is
A. unenforcetalented consequently of the parol manifestation government.
B. unenforcetalented consequently all certain elements aren't met.
C. enforcetalented consequently all certain elements are met.
D. unenforcetalented consequently of the ordinance of frauds.
16. Jack and Jane formed a reduce in which Jack agreed to retail Jane a ample aggregate of apples. Jack knew that Jane calculated to reretail the apples at the farmers' trade the behindcited weekend. Jack failed to consign the apples as wordd. Jane gain most mitigated be talented to recover
A. twain reparatory and arrogant atonement.
B. twain pretended and corrective atonement.
C. reparatory atonement simply.
D. corrective atonement simply.
17. On June 29, Henry reduces to dissipation American flags, which Henry intends to retail at the annual Fourth of July fireworks incident, from Liz. The reduce doesn't detail a consigny bound. Liz consigns the flags on July 7. Henry sues for nonachievement of reduce. Which of the behindcited gain most mitigated supervene?
A. Henry gain win consequently of the correspondent dignities government.
B. Henry gain win consequently of the type view government.
C. Liz gain win consequently the reduce didn't detail a consigny bound.
D. Liz gain win consequently she consigned delayin a concludetalented age.
18. Which of the behindcited acts is adapted to cut down on individuality filching allied to the use of merit cards?
A. Uniform Electronic Transactions Act
B. Uniform Computer Information Transactions Act
C. E-Sign Act
D. Fair and Accurate Merit Transactions Act
19. Subordinate the _______ government, courts generally sanction into manifestation simply the pristine of a congeniality, not a observation.
A. type view
B. parol manifestation
C. correspondent dignities
D. best manifestation
20. A superabundance, by interchangeable harmony, of a new behindality for one of the pristine parties to a reduce is denominated a
B. total fulfilance.
C. state concurrent.
D. interchangeable annulment.
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