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Exam (elaborations)

CM Law Final || very Flawless.

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Unjust enrichment can be applied when a contract does not exist between the parties. correct answers True When a homebuilder builds a home, each trade must exhibit competence and skill in its trade, even if this is not written in the homebuilder's contract with the homeowner. What type of warranty is expressed by this sentence? correct answers Warranty of Workmanlike Performance Who produces ordinances? correct answers Municipal & County Legislatures A verbal construction contract is put into writing but neither party signs the written contract; can the verbal contract be enforced? correct answers Yes, as long as the court has some way to define the substances of the verbal contract. Every construction contract includes an implied duty for the contractor to cooperate with the owner, designer, and subcontractors? correct answers True A construction contract... correct answers can be a real, enforceable contract even when it is not in writing A donative promise is unenforceable. correct answers True What is the best example of a unilateral agreement? correct answers A builder posts an ad saying "We will pay $500 per thousand feet board measure for redwood timbers, delivered to our shop, in any condition." This is an incomplete contract where the intent is to replace it with a complete contract at a later date. correct answers inchoate contract What does this describe: a builder is constructing a house for a homeowner who is paying the builder for her work. correct answers mutual assent The specification call out masonry-veneer exterior walls. The drawings illustrate stone-veneer walls. Which phrase best describers this circumstance? correct answers Patent ambiguity The owner-contractor agreement for construction of a residence assesses a penalty of $20,000 per day for late completion. Is the clause enforceable? correct answers Probably not, because common law courts will not enforce penalties By what means can design responsibilities be transferred to a contractor who does not hold a design license? correct answers Through performance specs requiring the contractor to subcontract design responsibilities to a licensed designer

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Institution
CM Law
Course
CM Law

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CM Law Final || very Flawless.
Unjust enrichment can be applied when a contract does not exist between the parties. correct answers True
When a homebuilder builds a home, each trade must exhibit competence and skill in its trade, even if this is not written in the homebuilder's contract with the homeowner. What type of warranty is expressed by this sentence? correct answers Warranty of Workmanlike Performance
Who produces ordinances? correct answers Municipal & County Legislatures
A verbal construction contract is put into writing but neither party signs the written contract; can the verbal contract be enforced? correct answers Yes, as long as the court has some way to define
the substances of the verbal contract.
Every construction contract includes an implied duty for the contractor to cooperate with the owner, designer, and subcontractors? correct answers True
A construction contract... correct answers can be a real, enforceable contract even when it is not in writing
A donative promise is unenforceable. correct answers True
What is the best example of a unilateral agreement? correct answers A builder posts an ad saying
"We will pay $500 per thousand feet board measure for redwood timbers, delivered to our shop, in any condition."
This is an incomplete contract where the intent is to replace it with a complete contract at a later date. correct answers inchoate contract
What does this describe: a builder is constructing a house for a homeowner who is paying the builder for her work. correct answers mutual assent
The specification call out masonry-veneer exterior walls. The drawings illustrate stone-veneer walls. Which phrase best describers this circumstance? correct answers Patent ambiguity
The owner-contractor agreement for construction of a residence assesses a penalty of $20,000 per day for late completion. Is the clause enforceable? correct answers Probably not, because common law courts will not enforce penalties
By what means can design responsibilities be transferred to a contractor who does not hold a design license? correct answers Through performance specs requiring the contractor to subcontract design responsibilities to a licensed designer

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Institution
CM Law
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CM Law

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