Question: Which of the following remedies, as applied in the United States, developed from the English court’s authority to fashion remedies when existing laws did not provide any adequate ones?
Answer Options:
A. Reformative
B. Remedial
C. Consequential
D. Equitable
E. Circumstantial
Answer: D
Question: Kendra owns a sporting goods store. She is in court because of a breach of contract lawsuit against her supplier. One of the terms of the contract is ambiguous. Would the court likely permit Kendra to testify as to oral conversations about the ambiguous terms of the contract?
Answer Options:
A. Yes, but only to clarify the ambiguous contract terms.
B. No, because it would modify the contract.
C. No, but she could provide additional writings.
D. No, because there is a written contract.
E. Yes; where ambiguous terms exist, a party may provide oral evidence that modifies the contract.
Answer: A
47
Question: Which of the following is often included by parties in a written agreement that states that the written agreement accurately reflects the final, complete version of the agreement?
Answer Options:
A. A condition precedent
B. An adhesion clause
C. A condition subsequent
D. An addendum
E. A merger clause
Answer: E
48
Question: Which of the following discharges the non-breaching party from his or her obligations under a contract?
Answer Options:
A. Any breach by the other party
B. Substantial performance by the other party
C. A material breach by the other party
D. A unilateral mistake of fact by the breaching party
E. A unilateral mistake of fact by the non-breaching party
Answer: C
51
Question: Which of the following types of damages are designed to put the plaintiff in the position he or she would have been in had the contract been fully performed?
Answer Options:
A. Equitable
B. Compensatory
C. Nominal
D. Punitive
E. Consequential
Answer: B
54
Question: Which of the following occurs when a party offers to perform and is ready, willing, and able to perform?
Answer Options:
A. Absolution
B. Ratification
C. Tender
D. Substantial performance
E. An implied acceptance
Answer: C
50
Question: Bobby, a general contractor, and Fredrick, a soon-to-be homeowner, specify in their construction contract that for every day past the contractually specified deadline that Bobby’s construction company does not complete Fredrick’s new house, Bobby will deduct $1,000 from the purchase price. This is known as which of the following?
Answer Options:
A. A punitive damages clause
B. A compensatory damages clause
C. A nominal damages clause
D. A consequential damages clause
E. A liquidated damages clause
Answer: E
55
Question: To recover damages in a breach-of-contract case, the plaintiff must do which of the following in an attempt to minimize the damages resulting from the breach?
Answer Options:
A. Rescind
B. Delegate
C. Ratify
D. Delineate
E. Mitigate
Answer: E
53
Question: Nelda receives a contract for a job at a law firm on the condition that she passes the bar examination. This is known as which of the following?
Answer Options:
A. A condition precedent
B. A condition subsequent
C. A concurrent condition
D. A nominal condition
E. A unilateral condition
Answer: A
49
Question: Which of the following contracts would fall outside the statute of frauds and therefore not require a writing?
Answer Options:
A. Lani offers to paint Ry’s house for $1,000.
B. Lani offers to marry Ry in three years.
C. Lani offers to buy Ry’s horse for $1,000.
D. Lani offers to pay Ry’s student loan if Ry defaults.
E. Lani offers to buy the corner of Ry’s property where Ry’s horse grazes.
Answer: A
44
Question: How do parties generally discharge their obligations in most situations where there is a contract?
Answer Options:
A. By performance
B. By tender
C. By revocation
D. By ratification
E. By rescission
Answer: A
52
Question: Which of the following is incorrect regarding written contracts?
Answer Options:
A. Disputes are easier to settle when contractual terms are reduced to writing.
B. The idea of requiring a writing comes from an English law.
C. In general, written contracts aid in the conduct of smooth business contracts.
D. The moment of writing allows both parties to reconsider terms and align on what they desire.
E. All contracts must be in writing to be enforceable.
Answer: E
45
Question: Which of the following must sign a document coming within the statute of frauds?
Answer Options:
A. The party against whom action is sought
B. The offeror only
C. The offeree only
D. Any party to the contract
E. Only a person who has agreed to pay the debt of another
Answer: A