Administrative Agencies And Contracts

Summary

Administrative agencies regulate specific matters and implement laws but cannot make rules that override statutes. In negligence cases, an injured party must prove duty, breach, causation, and damage. Government regulation sets competition rules and discourages abuses. Antitrust laws promote competition and prohibit monopolistic practices. A valid offer must be seriously intended and directed to a specific person. A valid contract requires an offer and acceptance. A counteroffer rejects the original offer. A new contract is enforceable if it benefits both parties. Promissory estoppel requires reliance on a promise. Unforeseen difficulties in construction contracts dont justify extra payment without agreement. A mutual mistake makes a contract voidable. Oral contracts under the Statute of Frauds can be valid if fully performed. The parol evidence rule allows oral testimony for contract alterations. The Statute of Frauds requires a signed note for enforceability. Personal service rights are non-assignable. Contract assignments retain

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In order to recover for a tort based on negligence, an injured person must show a duty of the other person, a breach of the duty, and that the breach was the actual and proximate cause of the injury and injury or damage. True or false
True.
In order to recover for a tort based on negligence, an injured person must indeed show:
- A duty of the other person
- A breach of that duty
- That the breach was the actual and proximate cause of the injury
- Injury or damage resulted from the breach
Do you have any specific questions about negligence cases in Massachusetts?
Government regulation of business: a. Is to set rules under which some businesses compete. b. Is to discourage abuses. c. Is to enhance the quality of life for a select few in society. d. Affects the operation of only a few businesses.
Government regulation of business generally:
- Sets rules under which businesses compete (a).
- Discourages abuses (b).
- Aims to enhance the quality of life for society as a whole, not just a select few (c is incorrect).
- Affects the operation of many businesses, not just a few (d is incorrect).
Do you have a specific question regarding business regulations in Massachusetts?
The purpose of antitrust laws is to: a. Promote competition among businesses. b. Prohibit restraints of trade. c. Prohibit acts that tend to create a monopoly. d. All of the above.
The purpose of antitrust laws is indeed to:
- Promote competition among businesses.
- Prohibit restraints of trade.
- Prohibit acts that tend to create a monopoly.
Answer: d. All of the above.
Do you have any specific questions about antitrust laws in Massachusetts?
A valid offer: a. Must appear to be seriously intended. b. Must be expressly stated. c. Must be in writing. d. May be accepted by anyone who knows of it.
A valid offer must:
- Appear to be seriously intended (a).
- Not necessarily be expressly stated (b is incorrect).
- Not necessarily be in writing (c is incorrect).
- Only be accepted by the person to whom it was directed, not just anyone who knows of it (d is incorrect).
Do you have any specific questions related to contract law in Massachusetts?
In order to have a valid contract there must be: a. An offer and an acceptance. b. A written expression of the terms. c. A reliable witness if the contract is oral. d. An understanding of the terms by one of the parties.
To have a valid contract, there must be:
- An offer and an acceptance (a).
The other options are not necessarily required for a valid contract.
Do you have any specific questions about contract law in Massachusetts?
An intended acceptance that varies the offer: a. Cannot be accepted by the original offeror. b. Is a rejection of the original offer. c. Keeps the offer open for negotiation. d. All of the above.
An intended acceptance that varies the offer is considered a "counteroffer" and typically:
- Is a rejection of the original offer (b).
- The original offeror cannot accept it as it stands because it alters the terms.
Do you have any specific questions about contract law or counteroffers in Massachusetts?
A new contract replacing an old one is enforceable: a. If features are added that benefit both parties. b. If the new contract is the result of difficulties because of a strike. c. If the new contract is the result of a change in prices. d. Only if added features benefit both parties equally.
A new contract replacing an old one is enforceable if features are added that benefit both parties (a). This means both parties must receive some benefit from the new terms for it to be legally binding.
Do you have any specific questions about contract law in Massachusetts?
The doctrine of promissory estoppel: a. Requires that promises be supported by consideration. b. Does not require the promisee to show any harm by of reliance on the promise. c. Requires the promisor to reasonably expect the promise to induce action by the promisee. d. Allows the promisor to claim lack of consideration.
The doctrine of promissory estoppel:
- c. Requires the promisor to reasonably expect the promise to induce action by the promisee.
It does not require consideration and does involve showing reliance on the promise that caused harm.
Do you have any specific questions about promissory estoppel or related legal issues in Massachusetts?
In the case of construction contracts, unforeseen difficulties always constitute consideration for the payment of more than the contract price. True or false
False. In Massachusetts, unforeseen difficulties in construction contracts do not automatically constitute consideration for paying more than the contract price. The additional payment generally requires a modification agreement between the parties.
Do you have any specific questions about construction contracts or modifications in Massachusetts?
A mutual mistake concerning a material fact: a. Makes the contract unenforceable. b. Always makes the contract voidable. c. Always makes the contract void. d. Allows the contract to be re-written by the mistaken party.
A mutual mistake concerning a material fact generally makes the contract voidable (b). This means that either party can choose to void the contract due to the mistake.
Do you have any specific questions about dealing with mutual mistakes in contracts in Massachusetts?
A mutual mistake as to value, quality, or price: a. Invalidates only executory contracts. b. Does not affect the validity of a contract. c. Is not a risk assumed by the parties to a contract. d. Invalidates all contracts.
A mutual mistake as to value, quality, or price generally does not affect the validity of a contract (b). Do you have any specific questions about mutual mistakes in contracts in Massachusetts?
When the contract specifies what is to happen in the case of a mistake: a. The contract provision applies only if it is unconscionable. b. Since the law is supreme it overrules conflicting contract provisions. c. The contract provision applies even if the law would be otherwise. d. The contract provision applies when the mistake is unilateral.
In this situation:
- The correct answer is: c. The contract provision applies even if the law would be otherwise.
This means that if a contract specifies what should happen in the case of a mistake, that provision will generally be enforced, even if the law might otherwise dictate something different.
Do you have any specific questions about contract law or mistakes in contracts in Massachusetts?
If a contract is entered into as a result of fraud, duress, or undue influence, the innocent party: a. Need do nothing to avoid it. b. May not recover damages if the contract is ratified. c. May ratify the contract by some act or word indicating an intention to be bound. d. Need not return anything received under the contract if the contract is rescinded.
If a contract is entered into as a result of fraud, duress, or undue influence, the innocent party:
- May ratify the contract by some act or word indicating an intention to be bound (c).
Do you have any specific questions about dealing with fraudulent or coerced contracts in Massachusetts?
It is an unreasonable restraint of trade: a. To include a provision not to compete when buying a business. b. For a manufacturer to control the price of a good by selling directly to the public. c. To contract to limit production to reduce supply. d. To discriminate in price between competing buyers of goods of various grades.
It is an unreasonable restraint of trade:
- To contract to limit production to reduce supply (c).
- To discriminate in price between competing buyers of goods of various grades (d).
These actions can violate antitrust laws aimed at maintaining fair competition.
Do you have specific questions about antitrust laws or restraints of trade in Massachusetts?
It is NOT a contract injuring the public service to agree to: a. Appear before a public authority to oppose passage of a bill. b. Obtain a pardon or parole. c. Pay a public official less than the statutory salary. d. Hire a person in return for aid in achieving the promisor’s election to office.
It is not a contract injuring the public service to agree to:
- a. Appear before a public authority to oppose passage of a bill.
Do you have any other questions about contracts or public service law in Massachusetts?
An oral contract required under the Statute of Frauds to be in writing can be set aside after it is fully performed. True or false
True. In Massachusetts, and generally under the Statute of Frauds, an oral contract that should have been in writing can still be valid and enforceable if it has been fully performed by all parties involved.
Do you have any specific questions about oral contracts in Massachusetts?
Does the parol evidence rule prohibit oral testimony of alteration when a written contract appears to be complete? Yes or No
No, the parol evidence rule does not prohibit oral testimony of alteration when a written contract appears to be complete. However, there are exceptions, such as if there is evidence of fraud, mistake, or a claim that the contract was incomplete or ambiguous.
Do you have any particular details or circumstances about your contract situation in Massachusetts?
The Statute of Frauds only requires the party against whom a claim for breach of promise is made to have signed a note or memorandum. True or false
True. Under the Statute of Frauds in Massachusetts, the party against whom a claim for breach of promise is made must have signed a note or memorandum for the contract to be enforceable.
Do you have any specific questions about how this applies to your situation?
A right to personal services cannot be assigned. True or false
True. In Massachusetts, a right to personal services is generally considered non-assignable because the performance of such services is typically based on personal skill, trust, and confidence, which cannot be transferred to another party without consent.
Do you have a specific question related to personal service contracts in Massachusetts?
The nonassigning party retains all rights and defenses as though there had never been an assignment. True or false
True. In Massachusetts, when a contract is assigned, the nonassigning party retains all rights and defenses as though there had never been an assignment. This means they can enforce the original terms and raise any defenses they would have had against the assignor.
Do you have any specific questions about contract assignments in Massachusetts?
A party who intentionally and without the consent of the other party alters a written contract can be held to either the original contract terms or the terms as altered. True or false
False. In Massachusetts, if one party intentionally and without consent alters a written contract, the altered contract is generally considered void. The non-altering party has the option to enforce the original terms or treat the contract as breached.
Do you have any specific questions or details about your situation related to contract alteration?
When a contract states no time for performance the parties may perform at any time. True or false
False. In Massachusetts, if a contract does not specify a time for performance, a "reasonable time" will be implied based on the circumstances surrounding the contract. Performance within a reasonable time frame is expected.
Do you have any specific questions about time frames in contracts or related issues in Massachusetts?
In a bailment for the sole benefit of the bailor, the bailee needs to exercise: Reasonable Care Slight Care A high degree of care Strict liability for any damage
In a bailment for the sole benefit of the bailor, the bailee needs to exercise:
- Slight Care
Do you have any other questions about bailment or related legal topics in Massachusetts?
A common carrier of goods acts as an insurer of the safety of the transported goods? True or false
True. In Massachusetts, a common carrier of goods is generally considered to act as an insurer of the safety of the transported goods, meaning they are liable for any damage or loss unless it is due to an act of nature, an act of the public enemy, the fault of the shipper, or an inherent defect in the goods.
Do you have any specific questions about common carriers or transportation law in Massachusetts?
A carrier’s high degree of liability lasts until the goods are picked up after being transported. True or false
False. In Massachusetts, a carrier’s high degree of liability typically lasts until the goods are delivered to the recipient or their designated location, not just until they are picked up.
Do you have any specific questions about transportation or shipping laws in Massachusetts?
If both parties to a sales contract that does not meet the requirements of the UCC choose to abide by its terms, can one later avoid the contract? Yes Or No
No, if both parties voluntarily choose to abide by the terms of a sales contract that does not meet the requirements of the Uniform Commercial Code (UCC), it is generally considered enforceable. However, specific exceptions might apply based on the circumstances.
Do you need more detailed information about any aspect of your sales contract in Massachusetts?
The owner of property normally bears the risk of loss to it. True or false
True. In Massachusetts, the owner of property typically bears the risk of loss to it, unless specified otherwise in a contract or under certain legal doctrines, such as in cases of a bailment.
Do you have any specific questions or details about your situation related to property risk and loss?
The Statute of Frauds requirement that a contract for the sale of goods for more than $* must be in writing has been included in the UCC. True or false
True. The Statute of Frauds requirement that a contract for the sale of goods for more than $* must be in writing has been included in the Uniform Commercial Code (UCC), which is applicable in Massachusetts.
Do you have any specific questions about how this might apply to your situation?
Part payment of an oral contract allows the seller to enforce the entire contract. True or false
This statement can be true in certain circumstances. Part payment may demonstrate the existence of the contract and confirm the terms, making it enforceable. However, this depends on the specifics of the contract and situation.
Do you have any details or specific questions about your oral contract in Massachusetts?
A buyer of a motor vehicle does not bear the risk of loss when the transaction between the buyer and seller is completed until the state has issued a new title in the buyer’s name. True or false
False. In Massachusetts, the risk of loss generally transfers to the buyer upon the completion of the sale, unless otherwise agreed upon in the sales contract. Issuance of the new title is an administrative process and does not typically affect the transfer of risk.
Do you have any specific questions regarding motor vehicle sales or risk of loss in Massachusetts?
A buyer of a motor vehicle does not bear the risk of loss when the transaction between the buyer and seller is completed until the state has issued a new title in the buyer’s name. True or false
False. In Massachusetts, the risk of loss typically transfers to the buyer when the transaction is completed, unless the sales contract specifies otherwise. The issuance of the new title is an administrative matter and does not generally impact the transfer of risk.
Do you have any specific questions about motor vehicle transactions or risk of loss in Massachusetts?
The warranty of fitness for a particular purpose arises when the buyer relies on the seller’s skill or judgment to select suitable goods and the seller knows of the buyer’s reliance. True or false
True. The warranty of fitness for a particular purpose arises when the buyer relies on the seller’s skill or judgment to select suitable goods, and the seller knows of the buyer’s reliance.
Do you have any more specific questions about warranties or consumer rights in Massachusetts?
Part payment of an oral contract allows the seller to enforce the entire contract. True or false
Case Rating: *.
True. Part payment of an oral contract can indicate the existence of the contract and make it enforceable, depending on the specifics of the situation.
Do you have any specific details or questions about your oral contract in Massachusetts?
The warranty against encumbrances: a. Arises in the case of all sales. b. Applies to goods at the time the sale is made. c. Does not arise if the buyer has constructive notice of the encumbrance. d. Is made by all sellers.
The warranty against encumbrances:
- b. Applies to goods at the time the sale is made.

This warranty ensures that the goods are free from any third-party claims or encumbrances at the time of the sale.
Do you have any specific questions about warranties or sales transactions in Massachusetts?
why is d wrong?
Administrative agencies cannot make rules that supercede statutes because they must operate within the confines of the laws established by the legislature. They can create rules and regulations within their scope of authority, but these cannot override existing statutes.
Do you have any other questions about administrative law in Massachusetts?
does part payment of an oral contract allow the seller to enforce the entire contract?
Part payment of an oral contract can potentially allow the seller to enforce the entire contract in Massachusetts. It generally demonstrates the existence of the contract and the agreement of its terms. However, enforceability may depend on the specifics of the contract and any applicable exceptions under the Statute of Frauds.
Do you have more details about your situation or any specific concerns regarding the contract?
Part payment of an oral contract allows the seller to enforce the entire contract. True or false
True. Part payment of an oral contract may allow the seller to enforce the entire contract in Massachusetts. This action can demonstrate the existence and terms of the contract, potentially making it enforceable, depending on the specifics and any applicable exceptions under the Statute of Frauds.
Do you have more details about your situation or any specific concerns regarding the contract?