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BLAW 341 Final Questions and Answers
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BLAW 341 Final Questions and Answers
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BLAW 341 Final- Uncle becomes indebted to nephew after uncle promises nephew $5,000 if he can refrain from
drinking, using tobacco, swearing and playing cards or billiards for money until age 21
- Nephew fulfills promise to refrain
- Nephew gives the right to receive the money to receive the money to Louisa Hamer. - Uncle Dies
- Sidway, executor for the Estate of the Uncle refuses to pay Hamer
- Executor argues there was no consideration given in exchange for the promise to pay $5,000
- Court disagrees and says the action of refraining from a legal right is consideration - ✔✔Hamer v
Sidway
-Improper form of contract
-Genuineness of assent - ✔✔Defenses against contract
-Offer and acceptance
-Consideration
-Contractual Capacity
-Legality - ✔✔Basic requirements for a contract
-Person purchased a used car from a car dealership, outside of the purchase agreement was an
100%
arbitration agreement that required the person to arbitrate should there be any issues. The person
attempted to sue the car dealership for misrepresenting the price of the car and the courts now have
to decide if he has to go to arbitration due to the agreement.
-The courts found that there must be consideration from both parties, and within the arbitration
agreement they found that the car dealership held all issues against themselves to arbitration but not
any issues against their customers to arbitration. Therefore consideration falls to one-sided, as a
result the arbitration agreement is found to be nullified. - ✔✔Vassilkovska v Woodfield Nissan
A contract that should have existed but failed for some reason. - ✔✔What is a quasi contract?
A federal or state statute setting the maximum time period during which a certain action can be
brought or certain rights enforced (6-10) years to sue - ✔✔Statute of Limitations
A promise or a set of promises for the breach of which the law gives a remedy, or the performance of
which the law in some way recognizes as a duty. - ✔✔What is a contract
Ability to make minor changes to a contract and still have a valid contract - ✔✔What concept does
the UCC allow regarding contracts for goods?
, Acceptance is effective when sent, Revocation effective when received, rejection effective when
received - ✔✔Mailbox rule
Actually spelled out, orally or in writing - ✔✔Express
Adopted by agencies and considered primary legal authority - ✔✔Administrative regulations
Agree to split 50-50 winnings, Lyons wishes to leave casino but Iacono wants to say. Lyon says this
slot is for you. Wins $1,908,064, but doesnt want to split. Court rules that die to consideration they
both split 50-50 - ✔✔Iacono v. Lyons
An at-will nurse who complained and was fired - ✔✔Who was Leyden in the Leyden v. America
Accreditation case?
An offer remain open until accepted unless it is terminated - ✔✔Termination of an offer
Anger, just, undue excitement, opinions, statement of intent, preliminary negotiations, advertisements,
catalogs, circulars - ✔✔What instances generally do not constitute offers?
Approach to problem solving that is sufficient for an immediate or short-term goal - ✔✔Heuristic
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Ascertained from the facts - ✔✔How is the intent of an offer determined?
Bilateral - ✔✔Are most contracts unilateral or bilateral?
BMW and Joel Confer
Offer for Good (Car)
Different acceptance
If acceptance is not materially different, contract accepted, and different terms are included -
✔✔UCC Merchants
both parties equally guilty - ✔✔in pari delicto
By being conscious of limitations of human cognition - ✔✔How can humans make more ethical
decisions?
By performance (unilateral)
By communicating another promise (Bilateral) - ✔✔How is a contract accepted?
Can significantly change how people answer a question - ✔✔Framing
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