Reference no: EM133299986
Questions
1. Congress enacts a law that prohibits the sale of toys made in China in the United States. The Hawaii state legislature enacts a law allowing the sale of toys made in China. Hawaiian law will probably be
invalidated under the Supremacy Clause
made valid under the Equal Protection Clause.
removed under the Taxes and Expenses Clause.
confirmed under the Commerce Clause.
2. May tries to start her new car to no avail. She yells at him that she will sell the car to anyone for $10. Nick, a passerby who owns Nick's Used Cars, hands May $10. This is
A valid acceptance because May is seriously frustrated.
A valid acceptance because Nick is a car dealer.
is not a valid acceptance because May has no serious intention of selling her car.
It is not a valid acceptance because Nick is a car dealer.
3. Kit offers to sell her boat to Liu. Liu agrees and unknown to Kit, Liu builds a dock for the boat. Kit's subsequent attempt to revoke the offer will be
Cash because Kit didn't build the pier.
cash because Kit did not know that Liu would build a dock.
ineffective because Liu justifiably relied on Kit's offer.
ineffective because Liu showed serious intent to close the deal.
4. Nina, a 17-year-old girl, signs a contract to sell her car to OK Used Cars. Nina receives a better offer the next day from Perfect Pre-Owned Cars, Inc., and accepts the new offer. Nina is
subject to approval and she must sell it a car of comparable value.
she forced to accept and she must sell it in her car.
she is not responsible for accepting because she is underage.
she is not responsible for accepting because her acceptance of Perfect's offer disapproves of the deal with OK.
5. U-Can-Own-It Corporation sells appliances on installment plans to less educated consumers, including Viv.
U-Can-Own-It files a lawsuit against Viv when she stops making payments. Viv claims the deal is outrageous. The court will likely consider
The geographic area of the relevant market.
The relative bargaining power of the parties.
The quality of related products in the general market.
The relationship of this agreement with that of other clients.
6. Sal hires the Tasty Pizza Company to deliver her products. Later, both parties change their minds and decide to cancel their contract. The next day, Sal again offers to deliver Tasty's goods. Tasty is willing to negotiate, but for a new price. Salt and Tasty can agree to a new contract, but it cannot include a new price.
You can accept a new contract that does not include the new price.
You can accept a new contract that includes the new price.
they must perform their original contract.
they must perform the part of their original contract that is enforceable.
7. One of the elements of a contract is a fair price.
Real
Fake
8. If a contract stipulates that a right cannot be assigned, then it normally cannot be assigned.
Real
Fake
9. If a condition of the contract is not met, the obligation of the contracting parties is released.
Real
Fake
10. Liquidated damages clauses generally require a breaching party to pay a certain amount to the non-breaching party.
Real
Fake
11. A party that knowingly accepts the faulty performance of a contract, therefore, acknowledges the breach and can take further action on it.
Real
Fake
12. If a contract for the sale of goods does not include a delivery date, there is no basis to perform it.
Real
Fake
13. Under the UCC, an offer to purchase goods can only be accepted by expedited shipment of goods.
Real
Fake
14. The point at which the risk of loss of goods passes from a seller to a buyer is generally determined by the contract between the parties.
Real
Fake
15. The commercial impracticability doctrine only extends to problems that could have been foreseen.
Real
Fake
16. During the arbitration process, a "submission" or presentation occurs when one of the parties agrees to waive their claim.
Real
Fake
17. An implied warranty may arise from a course of dealing or usage of trade.
Real
Fake
18. Many courts require mediation or arbitration before a case can go to trial.
Real
Fake