LAW531 LAW/531 Week 3 Quiz 25/25

| August 31, 2016

Question
1. Under Section 2 of the Uniform Commercial Code (UCC), a contract for the sale of goods must be written if that contract is for what monetary value?

$500 or more

$100 or more

$1,000 or more

$250 or more

2. Consideration, which is required in a contract, consists of which two elements?

Legal value is appropriate and the value is paid.

Money must be paid and funds received.

Money must be received and a promise fulfilled

Legal value must be given and there must be a bargained-for exchange

3. Which of the following is true about the public use doctrine?

An invention cannot be used in the public domain prior to it being granted a patent

The inventor has to test his invention in the public domain, to measure its validity, before being granted a patent

The invention will come into the public domain once its term period has expired

A patent will not be granted if the invention was already in public use for one year before filing application

4. What federal statute governs the legal use of electronic contracts?

Uniform Commercial Code

Uniform Computer Information Transactions Act

Federal Enforcement Act

Federal Banking Act of 2010

5. Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout the winter. Jenson, who was paid before work commenced, breached the contract on the very first day. He should refund $1,000 to Johnson as

liquidated damages

consequential damages

compensatory damages

restitution

6. A(n) ________ is an agreement that is stated orally or in written words.

implied-in-fact contract

express contract

implied-in-law contract

quasi-contract

7. Which of the following types of real property rights can be sold separately from the land?

Improvements under the land

Buildings and improvements on the land

Minerals in the subsurface

Building fixtures on the land

8. Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also

obtain an injunction prohibiting the offender from divulging the trade secret

ask for transfer of any of the offender’s patents to the plaintiff

obtain the offender’s trademarks or brand name as payoff

ask to acquire the offender’s trade secrets as payoff

9. To create an enforceable contract, which of the following are needed?

Agreement, consideration, objectives, and contractual capacity

Offerer, offeree, agreement, and capacity

Offerer, acceptance, agreement, and consideration

Agreement, consideration, contractual capacity, and a lawful object

10. Parties enter into a contract for services and one party commits a breach. The party who breached wants to continue with the contract but wants the terms revised. What is his best method of dispute resolution?

Mediation

Arbitration

Med-Arb

Negotiation

11. What is the highest type of ownership estate in real property?

Life estate

Freehold estate

Fee simple absolute estate

Leasehold estate

12. If a contract ends in a dispute, and the parties want to have the matter resolved without going to court, which is the most common method for them to pursue?

Mediation

Discovery

Arbitration

Minitrial

13. Which of the following is the best definition for the legal term promissory estoppels?

A gift promise made in an estate is valid and legal

A party to a contract cannot withdraw a promise if the other party to the contract relied upon the promise to his or her detriment

A promise made in a contract must be an express promise in order to be valid

A party to a contract cannot promise to provide illegal consideration

14. Which of the following examples is a unilateral contract?

Debbie pays Larry for painting her house.

Debbie pays Larry for Larry’s promise to paint her house on Saturday.

Debbie promises to pay Larry when Larry paints her house.

Larry promises to paint Debbie’s house if Debbie promises to pay him.

15. Which of the following is an equitable doctrine designed to prevent unjust enrichment and unjust detriment where no actual contract exists?

The express contract doctrine

The doctrine of formal contracts

The doctrine of implied-in-law contract

The doctrine of Quantum meruit

16. Both the Statute of Frauds and the Uniform Commercial Code require a valid, enforceable contract to be signed by whom?

None of the parties to the contract

All parties to the contract

Party enforcing the contract

Party against whom the contract enforcement is sought

17. Oral agreements may be legally enforceable contracts with the exception of some types of contracts specified in which law?

Statute of Limitations

Common Law Statute

Statute of Frauds

Statute of Verbal Contracts

18. In order for a response to be considered a legal acceptance to an offer, and not a counter offer, what rule must apply?

The voluntary performance rule

The mirror image rule

The public law rule

The lapse of time rule

19. Some trees were cut down and made into lumber, and the lumber was used to build a house. What type of property were the trees while they were growing, when they were lumber, and when they became part of the house, respectively?

Real, real, personal

Real, personal, real

Personal, personal, real

Personal, real, real

20. Which of the two parties are involved in every contract?

A buyer and seller

An offeror and offeree

A breaching party and a nonbreaching party

An initiator and a responder

21. Which of the following is true when someone mistakenly makes an improvement to the personal property of another?

The property owner automatically gets to keep all of the improvement and is not required to pay for it.

The property owner gets to keep the improvement in all cases, but must pay the party who improved it the reasonable value of the improvement.

The party who made the improvement must remove all easily removable improvements, paying any damages from the removal, otherwise the owner of the property gets to keep the improvement and is not required to pay for it.

The party who made the improvement can remove it if this is possible; otherwise, the owner of the property must keep the improvement and must pay the party who improved it the reasonable value of the improvement.

22. Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?

Sale of goods and lease of goods

Sale of commercial goods

Financing of consumer goods

Sale of real property

23. Wildboards Company introduces a product called a “Rollerboard” for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?

Competitors must pay royalties to Wildboards for using the term “rollerboard”.

Wildboards can no longer use the name Rollerboard on its boards.

Competitors must put a disclaimer on their boards that they are not the original Rollerboard.

Wildboards cannot stop competitors from using the term “rollerboard” for their products.

24. An individual who finds the personal property of another, acquires legal title to that property against the entire world, only if it is what type of personal property?

Mislaid property

Lost property

Abandoned property

Stolen property

25. Which of the following examples is a bilateral contract?

Mary pays Bob for Bob’s promise to paint her house on Saturday.

Mary pays Bob for painting her house.

Mary promises to pay Bob if Bob promises to paint her house.

Bob paints Mary’s house and Mary promises to pay Bob on Saturday

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