BUL 3310 EXAM 3 QUESTIONS WITH VERIFIED ANSWERS
To download software for his Internet connection, Nelson had to click on several boxes at the Web site that stated "I agree" or "I accept." Nelson did not read the accompanying text before clicking on the boxes. In the event of a dispute between Nel...
To download software for his Internet connection, Nelson had to click on several boxes
at the Web site that stated "I agree" or "I accept." Nelson did not read the accompanying
text before clicking on the boxes. In the event of a dispute between Nelson and the
service provider, the contract terms will:
a. become proposals for the terms of a binding contract.
b. be considered the terms of a binding contract.
c. be enforced only if the service provider shows that Nelson read them.
d. not be enforced. - Answer-b. be considered the terms of a binding contract.
Carrie contracts with Tyler to buy a car through an online auction service. All of their
negotiations and transactions are conducted electronically. None of their
communications ever mentions the Uniform Electronic Transactions Act (UETA), which
was adopted by their state in 2001. Their contract is:
a. covered by the UETA only if the transaction occurred after 2004.
b. covered by the UETA.
c. covered by the UETA only if their contract involves computer information.
d. not covered by the UETA. - Answer-b. covered by the UETA.
Dave offers to buy Melanie's scooter for $30. Melanie responds by asking Dave if that is
his best offer. A reasonable person would conclude that:
a. Melanie has accepted Dave's offer.
b. Melanie has now given Dave the power of acceptance.
c. Melanie can still accept and bind Dave to his offer.
d. Melanie rejected the original offer. - Answer-c. Melanie can still accept and bind Dave
to his offer.
,Rico, Mike, and Julie go to a steakhouse for dinner. One of the menu items is a two-
pound steak. Rico offers to pay for Julie's dinner if she orders and eats the entire two-
pound steak. Julie is not interested, but Mike says that he accepts the offer. In this
situation:
a. Mike offered unequivocal acceptance.
b. no contract is formed.
c. Rico must honor the contract with Mike.
d. Mike made a counteroffer. - Answer-b. no contract is formed.
Consideration can be defined as:
a. something of value given in return for a promise.
b. an arrangement for transferring and allocating risk.
c. a legally defined way to make ethical business deals.
d. a way to promote international trade. - Answer-a. something of value given in return
for a promise.
Consideration is often broken down into two parts: something of legal value and:
a. something worth at least a minimum amount.
b. forbearance from a legal activity.
c. a type of coercive behavior.
d. a bargained-for exchange. - Answer-d. a bargained-for exchange.
The act of refraining from doing something that one has a legal right to do is known as:
a. consideration.
b. forbearance.
c. rescission.
d. a preexisting duty. - Answer-b. forbearance.
If a party is already bound by contract or law to perform a certain duty, that duty cannot
serve as consideration for a second contract under:
a. the preexisting duty rule.
b. past consideration.
c. forbearance.
d. promissory estoppel. - Answer-a. the preexisting duty rule.
One exception to the preexisting duty rule, in which the promise to do something for
which one already has a legal duty to perform, is:
,a. an illusory promise.
b. a release.
c. unforeseen difficulties.
d. past consideration. - Answer-c. unforeseen difficulties.
Rescission is:
a. a promise made in return for an action that has already occurred in the past.
b. the unmaking of a contract so as to return the parties to the position they were in
before the contract was formed.
c. an agreement in which one party gives up the right to pursue a legal claim against
another party.
d. an agreement to substitute a contractual obligation for some other type of action. -
Answer-b. the unmaking of a contract so as to return the parties to the position they
were in before the contract was formed.
The doctrine that can prevent an offeror from revoking an offer once the offeree has
detrimentally relied on it is known as:
a. a lapse of time.
b. promissory estoppel.
c. an irrevocable offer.
d. voidability of estoppel. - Answer-b. promissory estoppel.
An agreement in which one party gives up the right to pursue a legal claim against
another party is a:
a. primary estoppel
b. lapse of time.
c. covenant not to sue.
d. release. - Answer-d. release.
Which of the following is a necessary element for the doctrine of promissory estoppel to
be applied?
a. The refraining from an action that one has a legal right to undertake
b. The performance of an action that one is otherwise not obligated to undertake
c. Settlement of claims
d. A clear and definite promise - Answer-d. A clear and definite promise
, Which of the following is of value in the eyes of the law so that it makes something
legally sufficient?
a. The reliance normally must be of a substantial and definite character.
b. The promisee must justifiably rely on the promise.
c. A promise to do something that one has no prior legal duty to do
d. Promises enforceable without consideration - Answer-c. A promise to do something
that one has no prior legal duty to do
Liz agrees to cook 20 dinners for Brian, and in exchange Brian will repair all of the
plumbing in Liz's house. Liz has offered legally:
a. insufficient consideration, because this kind of bargain is against public policy.
b. sufficient consideration, because Liz has promised something of value in exchange
for the promise.
c. insufficient consideration, because there is a clear lack of any bargain.
d. insufficient consideration, because cooking 20 dinners is not worth as much as
repairing all of the plumbing in Liz's house. - Answer-b. sufficient consideration,
because Liz has promised something of value in exchange for the promise.
Les agrees to install a new hard drive and software in Marilee's computer in exchange
for four of her used textbooks. After he installs the hard drive, Les says he won't install
the software unless Marilee gives him two more books. What legal position are the
parties in now?
a. Marilee can sue for breach of contract, because Les had a preexisting duty to do all
of the work.
b. Les will only get one more book, because two is too many more to be fair.
c. Marilee must give Les the additional books.
d. Les can receive the extra books in exchange for doing more work as he has given
good and fair consideration in exchange. - Answer-a. Marilee can sue for breach of
contract, because Les had a preexisting duty to do all of the work.
A contract is:
a. an agreement that always involves parties who are not family members.
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