Contract Law Clarifications

Summary

Delegating duties does not relieve original obligations. Contracts under duress can be voided. Specific performance is common in land sales. Non-competition clauses must be reasonable. Illegal contracts are unenforceable. Courts resolve ambiguities against the drafter. Some oral contracts may be enforced under promissory estoppel. Contracts involving marriage must be in writing. Contracts not performable within a year fall under the statute of frauds. Parol evidence can clarify ambiguities. Misrepresentations make contracts voidable, not void.

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Anne induces Ben's consent to contract under duress. Anne later assigns her rights under the contract to Carl. Ben may assert the doctrine of duress against Carl as a ground for avoiding the contract. Group of answer choices True False
True. Ben may assert the doctrine of duress against Carl as a ground for avoiding the contract. When a contract is made under duress, it can be voided by the party who was coerced, even if the rights under the contract have been assigned to another party.
Specific performance is almost never awarded in contracts for the sale of land. Group of answer choices True False
False. Specific performance is actually a common remedy in contracts for the sale of land because each parcel of land is considered unique, and monetary damages may not adequately compensate the buyer.
Nina has breached a contract between Nina and Milo, but has not materially breached it. This means that Milo can Group of answer choices sue only for damages caused by the breach. sue for damages for a total breach of the contract. cancel the contract. withhold his own performance, even if the breach is remedied.
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Milo can sue only for damages caused by the breach. Since Nina has not materially breached the contract, Milo cannot cancel the contract or withhold his performance.
If there is no time specified in contract by the parties, then it is presumed that performance shall be completed whenever possible. Group of answer choices True False
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False. If a contract does not specify a time for performance, it is generally presumed that the performance must be completed within a reasonable time, not simply "whenever possible." What constitutes a reasonable time can depend on the nature of the contract and other circumstances surrounding the agreement.
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When is a person's duty to perform not discharged on grounds of impossibility? Group of answer choices When substitute is available Illness or Death of Promisor Supervening illegality Destruction of the subject matter of the contract
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A person's duty to perform is not discharged on grounds of impossibility when a substitute is available. This is because the availability of a substitute suggests that performance is still feasible, even if it requires an alternative method or party.
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If Grant promises to sell his regular season football tickets to Carson on condition that Indiana University wins the Rose Bowl, Indiana's winning the Rose Bowl is an express condition of Grant's duty to sell the tickets. Group of answer choices True False
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True. Indiana's winning the Rose Bowl is an express condition of Grant's duty to sell the tickets. If Indiana does not win, Grant is not obligated to sell the tickets.
There cannot be subjective standards of personal taste and comfort when determining a promisee’s performance. Group of answer choices True False
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False. There can be subjective standards of personal taste and comfort when determining a promisee’s performance, especially in contracts involving personal services or artistic work, where the satisfaction of the promisee is a condition for performance.
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When A owes an unconditional duty to B, then A has to perform his duty unless his performance is excused. Group of answer choices True False
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True. When A owes an unconditional duty to B, A must perform the duty unless there is a valid excuse for non-performance. This could include impossibility, impracticability, or other defenses recognized by law.
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In the absence of an express condition, which of the following is subject to a "substantial performance" standard? Group of answer choices A promise to pay money. A promise to deliver a deed. A promise to build a house. A promise to deliver a stated quantity of goods.
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A promise to build a house is subject to a "substantial performance" standard. This means the builder must complete the majority of the work and meet the essential terms of the contract, even if there are minor deviations.
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Which of the following is the best example of a condition subsequent? Group of answer choices "I promise to do X if I succeed in getting a loan." "I promise to do X on the condition that the Cubs win the World Series." "I promise to do X unless Oprah Winfrey is elected President in *." "I promise to do X if the inflation rate drops below *% next month."
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The best example of a condition subsequent is: "I promise to do X unless Oprah Winfrey is elected President in *."
A condition subsequent is an event or state of affairs that, if it occurs, will terminate a party's obligation to perform under a contract. In this example, the obligation to do X will end if Oprah Winfrey is elected President in *.
Which of the following is the best example of a condition subsequent? Group of answer choices "I promise to do X if I succeed in getting a loan." "I promise to do X on the condition that the Cubs win the World Series." "I promise to do X unless Oprah Winfrey is elected President in *." "I promise to do X if the inflation rate drops below *% next month."
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The best example of a condition subsequent is: "I promise to do X unless Oprah Winfrey is elected President in *."
A condition subsequent terminates a party's obligation to perform if a specific event occurs.
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For which of the following contracts, is a party's subjective dissatisfaction sufficient to excuse his performance under a "personal satisfaction" clause in a contract? Group of answer choices A contract to construct an intercontinental ballistic missile. A contract to paint someone's portrait. A contract to build a steam boiler. A contract to rebuild an automobile engine.
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In a contract involving a "personal satisfaction" clause, subjective dissatisfaction is sufficient to excuse performance primarily in contracts involving personal services or artistic work, where personal taste and judgment are key.
- A contract to paint someone's portrait is the correct answer.
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Non-competition clauses in employment contracts are especially unlikely to be enforced where they restrict employees from earning a livelihood. Group of answer choices True False
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Non-competition clauses in employment contracts are generally unlikely to be enforced if they restrict employees from earning a livelihood.
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A contract to commit a serious crime is a legal contract. Group of answer choices True False
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A contract to commit a serious crime is not a legal contract. It is considered void and unenforceable because it involves illegal activity.
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An agreement can be illegal even if no statute specifically states that such an agreement is illegal. Group of answer choices True False
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True. An agreement can be illegal even if no statute specifically states that such an agreement is illegal. Contracts that violate public policy or involve illegal activities are considered void and unenforceable.
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A clearly illegal provision in an agreement: Group of answer choices infects the whole agreement and makes it unenforceable. means criminal liability for the party who drafted it. may be divisible from the rest of the agreement. can be rescinded if the weaker party voluntarily waives it.
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A clearly illegal provision in an agreement may be divisible from the rest of the agreement, depending on the jurisdiction and the specific circumstances. Courts often look to see if the illegal provision can be separated without affecting the overall intent and functionality of the contract.
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Woody and Mia are friends in Idaho, where gambling is illegal. Woody and Mia bet $*,* on which day Paradise Creek will flood its banks. They have no financial interest in Paradise Creek. Woody wins this bet. Mia pays Woody the $*,*, but later that day regrets it and sues Woody to get her $*,* back. The Court would probably rule in favor of Group of answer choices Mia, since gambling was illegal. Mia, since she is the victim of an illegal wager. Woody, because he won the bet fair and square, so the court will enforce the wager. Woody, since the court will "leave the parties where it finds them" in cases like this.
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The court would probably rule in favor of Woody, since the court will "leave the parties where it finds them" in cases like this. Courts generally do not aid either party in enforcing or voiding illegal contracts, including illegal wagers.
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This is taking place in Idaho
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It seems like you have a general understanding of contract law principles and scenarios. Based on your responses, it doesn't appear that you have a specific legal issue requiring immediate attention. However, if there's a particular question or detail about your situation you'd like to discuss further, please let me know!
Would the question I just asked you be illegal because it was taking place in Idaho
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In general, providing hypotheticals or discussing theoretical legal questions is not illegal, as long as it doesn't involve actual illegal activities or providing specific legal advice without a license. If you have a more specific scenario or concern, please let me know!
Woody and Mia are friends in IDAHO, where gambling is illegal. Woody and Mia bet $*,* on which day Paradise Creek will flood its banks. They have no financial interest in Paradise Creek. Woody wins this bet. Mia pays Woody the $*,*, but later that day regrets it and sues Woody to get her $*,* back. The Court would probably rule in favor of Group of answer choices Mia, since gambling was illegal. Mia, since she is the victim of an illegal wager. Woody, because he won the bet fair and square, so the court will enforce the wager. Woody, since the court will "leave the parties where it finds them" in cases like this. this scenario is happening in Idaho not kansas
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In Idaho, where gambling is illegal, courts generally do not enforce illegal contracts, including wagers. However, courts often follow the principle of "leaving the parties where it finds them." This means Mia might not be able to recover her $*,* because the court may not assist in resolving an illegal gambling debt.
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A contract of adhesion is one that the courts will always enforce because of the strong public policy underlying such contract. Group of answer choices True False
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False. A contract of adhesion, also known as a "take-it-or-leave-it" contract, is not always enforced by courts. These contracts are subject to scrutiny and may be deemed unenforceable if they are found to be unconscionable or overly one-sided.
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Which of the following is NOT a requirement in the enforceability of a noncompetition clause? Group of answer choices The noncompetition clause must serve a legitimate business purpose. The noncompetition clause must be regarding the sale of goods. The restriction on competition must be reasonable in time, geographic area, and scope. The noncompetition clause should not impose an undue hardship.
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The correct answer is:
- The noncompetition clause must be regarding the sale of goods.
This is not a requirement for the enforceability of a noncompetition clause. The enforceability of a noncompetition clause generally depends on it serving a legitimate business purpose, being reasonable in time, geographic area, and scope, and not imposing an undue hardship.
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Statutes that require proof of character and skill and impose penalties for violation are considered to be revenue-raising in nature. Group of answer choices True False
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False. Statutes that require proof of character and skill and impose penalties for violation are generally considered regulatory in nature, not revenue-raising. They are intended to ensure that individuals meet certain standards for public safety and professionalism.
One example of procedural unconscionability is the use of "fine print" in stating a contractual provision. Group of answer choices True False
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True. The use of "fine print" in stating a contractual provision is an example of procedural unconscionability. This occurs when the terms of a contract are hidden in a way that makes them difficult to read or understand, potentially leading to an unfair advantage for one party.
Bill and Monica make an agreement in which Bill promises to divorce his spouse, Hillary. This is an illegal agreement. Group of answer choices True False
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True. An agreement in which one party promises to divorce their spouse is generally considered illegal because it involves matters of public policy and family law, and courts typically will not enforce such agreements.
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In general, ambiguities in a written agreement are resolved against the party who drafted the agreement. Group of answer choices True False
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True. In general, ambiguities in a written agreement are resolved against the party who drafted the agreement. This principle is often referred to as "contra proferentem."
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Some courts allow promissory estoppel to bind parties to oral contracts that otherwise would be unenforceable under the statute of frauds. Group of answer choices True False
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True. Promissory estoppel can be used to enforce oral contracts that would otherwise be unenforceable under the statute of frauds if certain conditions are met, such as a party relying on the promise to their detriment.
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The statute of frauds does not cover contracts in which marriage is the consideration. Group of answer choices True False
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False. The statute of frauds does cover contracts in which marriage is the consideration. These contracts must typically be in writing to be enforceable.
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n order to satisfy the writing requirement of the statute of frauds, both parties must sign the writing. Group of answer choices True False
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False. To satisfy the writing requirement of the statute of frauds, it is generally sufficient if the writing is signed by the party against whom enforcement is sought. Both parties do not necessarily need to sign the writing.
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A contract that cannot be performed within one year from the day on which it comes into existence Group of answer choices is within the statute of frauds. need not be in writing. is called a unilateral contract. is essentially illegal.
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A contract that cannot be performed within one year from the day it comes into existence is within the statute of frauds and must be in writing to be enforceable.
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How many parties are required for formation of a collateral contract? Group of answer choices * * * *
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For the formation of a collateral contract, * parties are required.
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Parol evidence can be used to resolve ambiguities in a completely integrated written contract. Group of answer choices True False
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True. Parol evidence can be used to resolve ambiguities in a completely integrated written contract.
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According to the rules of interpretation of contracts, generally ordinary words are given their usual meaning and technical words are given their technical meaning. Group of answer choices True False
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True. According to the rules of interpretation of contracts, ordinary words are generally given their usual meaning, and technical words are given their technical meaning.
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The statute of frauds requires that Group of answer choices all contracts must be evidenced by a writing. all contracts involving fraud must be void. some contracts must be evidenced by writing. some contracts involving undue influence must be illegal.
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The statute of frauds requires that some contracts must be evidenced by writing. These typically include contracts for the sale of land, contracts that cannot be performed within one year, and certain other agreements.
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Which of the following is covered by the statute of frauds? Group of answer choices A real estate mortgage. A $* contract for the sale of pencils. A contract that can be performed within a week. A $* VCR repair.
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A real estate mortgage is covered by the statute of frauds. The statute of frauds typically requires certain types of contracts to be in writing, including those involving real estate transactions.
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Misrepresentations made with scienter make a contract void, while negligent misrepresentations make a contract voidable. Group of answer choices True False
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The statement is False. Misrepresentations made with scienter (intent to deceive) make a contract voidable, not void. Similarly, negligent misrepresentations also make a contract voidable.
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Joe sells his business to Shirley. During the negotiations, Joe negligently tells Shirley that the business has turned a profit for the last five years. In reality, the business operated at a loss for each of those years. However, Shirley did not hear Joe's misstatement. Shirley cannot rescind the contract because Group of answer choices Joe's false statement was negligent rather than intentional. Joe's misstatement was not material. Shirley did not actually rely on Joe's misstatement. Shirley did not justifiably rely on Joe's misstatement.
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Shirley cannot rescind the contract because she did not actually rely on Joe's misstatement. For a misrepresentation to serve as grounds to rescind a contract, the misled party must have relied on the false statement in entering into the contract.
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Joe sells his business to Shirley. During the negotiations, Joe negligently tells Shirley that the business has turned a profit for the last five years. In reality, the business operated at a loss for each of those years. However, Shirley did not hear Joe's misstatement. Shirley cannot rescind the contract because Group of answer choices Joe's false statement was negligent rather than intentional. Joe's misstatement was not material. Shirley did not actually rely on Joe's misstatement. Shirley did not justifiably rely on Joe's misstatement.
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Shirley cannot rescind the contract because she did not actually rely on Joe's misstatement. For a misrepresentation to serve as grounds to rescind a contract, the misled party must have relied on the false statement in entering into the contract.
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