Question

30. Borzosh hires Hasso ( a professional painter) to paint her house. They agree on the type of paint to be used, date to paint the house, but they never agree on a price. Once Hasso completes the job, assuming price was never discussed:

a. she will be paid a reasonable price, under a theory of implied contract;

b. she will be paid a reasonable price, based upon a quasi- contract theory;

c. she will be unable to collect, since there was no signed contract;

d. she will not be able to recover the cost, since there was never an agreement.

31. If the subject matter of the offer is destroyed before the offer is accepted, the offer is considered terminated by operation of law.

(T or F)

32. Landis places an advertisement to sell her car. The ad will be construed to be:

a. an offer;

b. an invitation to negotiate;

c. an option;

d. irrelevant.

33. A covenant not to compete is valid provided it is reasonable as to duration and_____.

a. subject matter;

b. consideration;

c. geographic scope;

d. remedy for breach.

34. A contract entered into by a person who has been adjudicated to be mentally incompetent is:

a. valid, if the person was lucid at the time they agreed to the contract;

b. voidable;

c. absolutely void;

d. none of the above.

35. McCulloch did a favor for Tsymbal last year. When Tsymbal sees McCulloch this year, she promises to pay her $300 to show her appreciation. This is an enforceable promise.

( T or F )

36. Glanville purchases a new car for $50,000. When he leaves class, his car will not start. He shouts “the first person who gives me 10 bucks can have this car.” Scott hears this, and immediately gives him ten dollars. Scott is now the owner of the car.

( T or F )

Answer 1

30) option A is correct. she will be paid under the implied contract theory as they content to enter into a contract when they discussed upon the date and type of paint to be used, though there was no written or oral agreement about the price

31) if the subject matter is destroyed of an offer, the offer stands to be terminated immediately without fault.

hence it is TRUE

32) advertisement to sell car is an option A offer as it is an expression of willingness to contract which is made with an intention to sell the car

33) a covenant not to compete is valid it is reasonable as to duration and option B consideration as it be reasonable on both the duration and the scope or consideration

34) the contract is option C absolutely void because the person has already been adjudicated as mentally incompetent

however if the person has been lucid at the time of entering the contract, the contract would have been voidable

but it since it was already declared mentally incompetent, the contract is void

35) FALSE

since it is an appreciation to a favor which is done willfully and not binding by the law, it is not an enforceable promise

36) TRUE.

it is a verbal agreement between the two parties and is equally binding on both parties and agreement is made willfully with sound mind and made in good faith.