第三章单元测试
- The Convention on Contracts for the International Sale of Goods is （ ）
- Common law rests on: （ ）
- Under contract law, an offer may be terminated （ ）
- Samantha and Terry contracted for the sale of a unicycle. Samantha paid Terry $10, and Terry handed over the unicycle to her. What type of termination of contract occurred? （ ）
- Rose tells Ben that she'll sue him for every penny he's worth, alleging food poisoning and unsanitary conditions, unless he agrees to sell his restaurant to her. Ben knows his restaurant is safe and clean, but he's afraid of losing business due to Rose's lawsuit. Ben agrees to the contract. Which of the following is true? （ ）
Which is a case where a person would lack contractual capacity?
- What does cognitive testing determine? （ ）
- Sam sells Shirley a lot for her to build a house on. The sale was for $20,000. After the purchase is completed, Shirley has the lot measured and discovers the lot is not as large as Sam advertised it. Is their contract covered by a statute of frauds? （ ）
- Peter the Chef contracted to cook for a large dinner party at Ms. Hanrahan's estate. Unfortunately, the day before he was supposed to perform the catering, he was pulled over and arrested for drinking too much cooking sherry and driving. Since he was in jail, the job had to be canceled. What type of breach occurred? （ ）
- Sally invited several of her friends to join her for the weekend at a secluded cabin in the woods. To get to the cabin the easiest way, guests must pass across a rope bridge spanning three miles. It's a scary bridge, but it is the quickest and cheapest way to get to the cabin. The only other way is a private plane that costs several hundred dollars per passenger. On the day, Sally's friends arrived, they noticed a few frayed rope pieces hanging over the sides. They were pretty scared to take the chance. They called the cabin manager to let him know that it was dangerous to pass over the rope bridge and they could not afford the flight. What can they use to get out of the contract for the cabin? （ ）
- Philippe decided to sell his gas station because he received warning from the city that a highway was being built where the station sits. Morrison bid on the gas station with the intention of opening a full-service fueling station and cafe. After all of the papers were signed, Morrison watched a local feature that talked about the new highway. On what basis can Morrison get out of this contract? （ ）
- A court needs to calculate expectation damages. Which formula will it use? （ ）
A:a customary format or template for drafting contracts B:contract law used in overseas US federal territories C:a kind of treaty setting out international contract law, to which the United States is a party D:an annual meeting of international commercial purchasing agents.
答案:a kind of treaty setting out international contract law, to which the United States is a party
A:Ordinances passed in every community B:All federal and state laws C:Precedent set by prior court rulings D:Standards of an industry
A:any time after the acceptance, if the offering party wishes to do so B:by requesting for information regarding the original offer C:after acceptance through a counter-offer D:prior to acceptance, due to a counter-offer
A:Impossibility of performance B:Non-material breach C:Performance D:Material breach
A:The court will assume that this is a case of undue influence. Ben will have to prove that he consented to the contract. B:The court will assume that this is a case of undue influence. Rose will have to prove that Ben freely and willfully entered the contract. C:This is a case of duress. The contract is voidable by Ben. D:The court will assume that this is a legal contract unless both Rose and Ben present evidence otherwise.
A:Person A is 20 and enters a contract with Person B, who is 40. B:None of the answers are correct C:Person A and Person B have one drink ,but neither one is intoxicated at the time they enter into a contact. D:Person A has mental disorder and Person B is aware of this fact, but enters into an agreement anyway.
A:The reason for one's behavior B:Whether meaning was understood C:Mania or bipolar condition D:Whether the terms of the contract were understood
A:Yes; a statute of frauds covers the sale of land. B:No; a statute of frauds only covers sales under $1000. C:Yes; a statute of frauds covers Shirley in any sale over $5000. D:No; a statute of frauds does not cover the sale of land.
A:Specific breach B:Non-material breach C:Material breach D:Unforeseen breach
A:Subjective impossibility B:Impracticality C:Objective impossibility D:Frustration of purpose
A:By using 'frustration of purpose' in the case B:By using 'impracticality' in the case C:By using a 'breach of contract' in the case D:By using 'objective impossibility' in the case
A:What it would take to make the innocent party pleased with the outcome, minus court costs and mitigation. B:What the appropriate amount would be to reimburse the innocent party's actual loss, minus the breaching party's expenses. C:What it would take to bring the innocent party from where that party now stands to where that party would be if the contract hadn't been breached. D:The difference between what an expert witness says would be a reasonable amount and the amount the innocent party requests.
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