Question

TRUE / FALSE

1. The original offer is terminated by a “counter” offer.

2. A contract can be discharged if the government makes the subject matter illegal.

3. “Compensatory damages” usually include such things as monies for malicious activities.

4. Courts will declare a contract voidable if one party successfully claims that when the contract was made when they were under duress.   

5. An oral promise to pay for an action that happened in the past is usually enforced by the Courts.

6. A provision in a contract whereby a person has made an opened ended promise is often referred to as an “illusory promise”.

7. A minor, in general, has the right to disaffirm or get out of a contract, even if there is no wrongdoing on the part of the adult with whom the minor made the agreement.

8. A contractual agreement would be considered “void” when the agreement is with a person who is intoxicated.

9. The term “contract of adhesion” refers to a contract between two closely held companies.

10. Agreements between an employer and an employee whereby the employee agrees not to compete after this employment are always illegal and unenforceable.

11. The “Statue of Limitations” refers to limits in the law that prohibit a person from suing some one over a certain age.

12. A Court will usually allow into evidence- oral evidence - of contradictory contract terms once a final written agreement has been made between the parties.

13. The “Statute of Frauds and Perjury” was put in place in England to require that certain types of agreements be put in writing in order to be enforced by the legislative elected body.

14. The parties to a contract can never put into an agreement any conditions which will discharge the duties of one of the parties; such conditions are always illegal and unenforceable.

15. The phrase “merger” or “integration” clause in a contract means that the parties expect the contract to be completed on or before the specified date.

16. If one party decides a week after they enter into contract to cancel the contract before work begins - the other party may recover damages from the breaching party. This concept is called “Promissory Relief”.

17. One type of non-money damages in a civil contract matter is called “specific accord”.

18. If a business does not have any required license, of any type, from the state or local government, every contract that the business enters into is unenforceable in Court.    

19. Upon “disaffirming” an agreement for the sale of goods the minor is usually allowed to keep the goods and have the money returned.

20. The Courts will enforce a promise to make a gift between two persons under the theory of “enforceable promissory contract”.

PLEASE ANSWER #1 through #20, thanks for your help

Answer 1

1.True

An original offer is terminated by a counter offer i.e if the offeree makes a counter offer then it would mean that original offer is rejected.

2.True

A contract can be discharged by government intervention, if the government makes subject matter illegal then contract is discharged.

3.False

Compensatory damages are provided to the plaintiff to provide compensation for loss or injury etc.No such thing as monies for malicious activities is included under it.

4.True

The contract is stated to be voidable if it is made under coercison,misrepresentation,fraud or under duress.If a party to the contract claims that the contract is made under duress the court would declare the contract as voidable.