Contractual Theories: Questions and Answers
LEGL 2700
Professor Grow
Second Exam
Fall 2011
1. You promise a local charity that you will make a $5,000 donation next month and know that the charity will begin spending the money immediately on a community project, even before it formally receives your donation. If you later refuse to pay the donation as promised, the charity would most likely sue under which contractual theory?
A. Quasi-contract
B. Implied contract
C. Promissory estoppel
D. None of the above.
2. Whish of the following is NOT a constitution right protected by the 6th Amendment?
A. The right to counsel.
B. The right to be informed of the charge(s) against you.
C. The right to confront your accuser.
D. All of the above.
3. If one party to a contract intentionally lies to the other party regarding a material fact, the contract may be voided for which of the following:
A. Undue influence
B. Misrepresentation
C. Fraud
D. Mutual mistake
4. Sergio and Ginger enter into a contract. Two month later Ginger assigns her rights under the contract to Larry. Is Ginger still potentially liable to Sergio under the original contract?
A. Yes, unless Ginger and Sergio execute a Novation.
B. Yes, a party assigning a contract to a third party can never avoid potential liability under the original contract.
C. No, unless the contract was for personal services, in which case Ginger would always remain liable after assigning the contract to a third party.
D. No, a party assigning a contract never remains liable under the original contract.
5. Whish method of acquiring property is most common?
A. Acquisition through accession.
B. Acquisition through exchange.
C. Acquisition through possession.
D. Acquisition through confusion.
6. Rachel owns a beach house and wants to build a 144 square foot deck. Zoning restrictions limit decks to 120 square feet. What should Rachel do?
A. She should build the 144 square foot deck, because the government can’t make her tear it
Professor Grow
Second Exam
Fall 2011
1. You promise a local charity that you will make a $5,000 donation next month and know that the charity will begin spending the money immediately on a community project, even before it formally receives your donation. If you later refuse to pay the donation as promised, the charity would most likely sue under which contractual theory?
A. Quasi-contract
B. Implied contract
C. Promissory estoppel
D. None of the above.
2. Whish of the following is NOT a constitution right protected by the 6th Amendment?
A. The right to counsel.
B. The right to be informed of the charge(s) against you.
C. The right to confront your accuser.
D. All of the above.
3. If one party to a contract intentionally lies to the other party regarding a material fact, the contract may be voided for which of the following:
A. Undue influence
B. Misrepresentation
C. Fraud
D. Mutual mistake
4. Sergio and Ginger enter into a contract. Two month later Ginger assigns her rights under the contract to Larry. Is Ginger still potentially liable to Sergio under the original contract?
A. Yes, unless Ginger and Sergio execute a Novation.
B. Yes, a party assigning a contract to a third party can never avoid potential liability under the original contract.
C. No, unless the contract was for personal services, in which case Ginger would always remain liable after assigning the contract to a third party.
D. No, a party assigning a contract never remains liable under the original contract.
5. Whish method of acquiring property is most common?
A. Acquisition through accession.
B. Acquisition through exchange.
C. Acquisition through possession.
D. Acquisition through confusion.
6. Rachel owns a beach house and wants to build a 144 square foot deck. Zoning restrictions limit decks to 120 square feet. What should Rachel do?
A. She should build the 144 square foot deck, because the government can’t make her tear it