Question

81. A memorandum on the sale of goods that does not indicate the _____ of goods to be sold will not satisfy the UCC's writing requirement.
A. quality
B. quantity
C. delivery
D. cost

82. In determining whether an offeree accepted an offer, the court is looking for the same _____ on the part of the offeree that it found on the part of the offeror.
A. present intent to contract
B. inquiry regarding terms
C. subjective standard
D. silent acceptance

83. Helen worked for ABC Motors for 25 years. The president of ABC said to her: "In consideration of your past service for 25 years, I promise to give you a new car next week." However, he did not give the car. Is this promise legally enforceable?
A. Yes, a contract was formed.
B. Yes, promissory estoppel requires enforcement of the promise.
C. No, legal consideration is absent.
D. No, legal capacity is absent.

84. April and Brian entered into a completely integrated written contract. Before the written contract was completed, April made an oral statement to Brian regarding the terms of the contract. This statement was not contained in the written contract. Under the parol evidence rule, evidence of April's oral statement would be admissible if it were used to:
A. create a completely new agreement.
B. introduce an ambiguous term in the written contract.
C. prove an additional term consistent with the written agreement.
D. change the terms of the written contract.

85. A written agreement was signed by two parties and it was intended to be their entire agreement. The parol evidence rule will prevent the admission of evidence that is offered to:
A. prove the existence of a contemporaneous oral agreement that modifies the contract.
B. prove the existence of a subsequent oral agreement that modifies the contract.
C. explain the meaning of an ambiguity in the written contract.
D. establish that fraud had been committed in the formation of the contract.

86. Which of the following is most true regarding noncompetition clauses in contracts?
A. Such clauses are not used during employment contracts.
B. If they have a legitimate business purpose, such clauses will be enforced.
C. Such clauses are enforced only for protecting the environment and conserving resources.
D. Such clauses help in promoting free trade.

87. What effect does the rule of res ipsa loquitur have in a negligence case?
A. It creates a rebuttable presumption of breach of duty.
B. It creates a non-rebuttable presumption of causation.
C. It results in strict liability of the defendant.
D. It results in strict liability of the plaintiff.

88. Which of the following meets the requirements of consideration?
A. A promise not to engage in a crime or tort
B. A promise without a binding obligation
C. A promise that involves the exchange of a legal value
D. A promise to do a preexisting duty

89. Ward is attempting to introduce oral evidence in an action relating to a written contract between Ward and Weaver. Weaver has pleaded the parol evidence rule. Ward will be prohibited from introducing parol evidence if it relates to:
A. a modification made several days after the contract was executed.
B. a change in the meaning of an unambiguous provision in the contract.
C. fraud in the inducement.
D. an obvious error in drafting.

90. _____ is generally taken to mean the absence of meaningful choice together with terms unreasonably advantageous to one of the parties.
A. Unconscionability
B. Illegality
C. Adhesion
D. Rescission

Answer 1

81. A memorandum on the sale of goods that does not indicate the quantity of goods to be sold will not satisfy the UCC's writing requirement.

Answer: Option B

82. In determining whether an offeree accepted an offer, the court is looking for the same present intent to contract on the part of the offeree that it found on the part of the offeror.

Answer: Option A

83.In this case, though the promise was made, there was no legal consideration involved.

Answer: Option C

84. The evidence of April’ oral statement would be admissible if it were used to prove an additional term consistent with the written agreement.

Answer: Option C

85. The parol evidence rule will prevent the admission of evidence that is offered to prove the existence of a contemporaneous oral agreement that modifies the contract.

Answer: Option A

86. Noncompetition clauses in contracts are not used during employment contracts.

Answer: Option A

87. The rule of res ipsa loquitur creates a rebuttable presumption of breach of duty.

Answer: Option A

88. A promise that involves the exchange of a legal value meets the requirements of consideration.

Answer: Option C

89. Option B