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Miles purchased a lawnmower with an attached warning that said, "The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely


A) lose, as he agreed to not hold the lawnmower manufacturer liable.
B) lose, as he assumed the risk.
C) win, as this warning would be unenforceable.
D) win, as all lawnmower manufacturers are strictly liable.

E) A) and B)
F) B) and C)

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Which of the following is an example of an implied contract?


A) Alberto visits his physician to be treated for a sinus infection. They do not discuss payment, but the following week Alberto receives a bill from his physician for services rendered.
B) Midori offers to sell a necklace to Patricia for $50; Patricia agrees to pay $50 for the necklace.
C) Amy tells her neighbor Tom, "If you rake up my leaves, I'll bake you a batch of brownies." Tom accepts the offer.
D) Miguel wants to purchase his first home. When he found the perfect place, he signed a contract for purchase and closed on the home within a month.

E) None of the above
F) C) and D)

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Madison purchases several 50-pound bags of mulch at the local gardening store. An employee carries the bags of mulch to Madison's truck and loads them into the back for her. Will Article 2 of the UCC govern the contract in this situation?


A) No, this is a mixed contract because Madison is paying for both goods and labor.
B) Yes, because the primary purpose of this contract is the sale of goods.
C) No, this is an express contract because both parties explicitly state their intentions.
D) Yes, because Article 2 of the UCC governs all bilateral contracts.

E) B) and C)
F) A) and B)

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B

Which of the following is NOT required to establish promissory estoppel?


A) a promise made by the defendant
B) a promise made by the plaintiff in response to the defendant's promise
C) reliance on the defendant's promise
D) All of these are required.

E) A) and B)
F) B) and C)

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B

All oral contracts are quasi-contracts until they are completely executed.

A) True
B) False

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One of the factors leading courts away from a laissez-faire approach to contract law was


A) the movement away from requiring written contracts with a seal affixed.
B) a change in relative bargaining power between parties to contracts.
C) the assumption that promises are not legally significant.
D) the assumption that parties had freedom to contract and would have to live with the consequences.

E) B) and C)
F) A) and D)

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Which of the following types of property would be considered "goods" under the Uniform Commercial Code?


A) a promissory note
B) a stock
C) a patent
D) a computer

E) B) and D)
F) A) and B)

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ACME, Inc. is a software producer that entered into a verbal agreement with XYZ Corporation wherein XYZ agreed to buy ACME's newly developed software. The agreement also provided that ACME would supply training personnel, as well as technical personnel, to work with XYZ employees in installing and learning the software. What law governs this agreement?

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You must first determine whether the con...

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When Myrtle comes home from work one evening, she finds that her yard has been mowed and trimmed. Later, a man comes to collect for the yard work done. Myrtle refuses to pay for the work since she has never seen the man before and did not hire him to do her yard work. Which of the following answers is most accurate?


A) This is an implied, unilateral contract and she must pay the price requested by the man.
B) This is an express, voidable contract that either party may avoid.
C) The court would order Myrtle to pay the reasonable value of the yard work because of the benefit conferred on her.
D) Myrtle would not have to pay for the yard work.

E) None of the above
F) A) and D)

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D

Which of the following represents a unilateral offer?


A) "I will pay you $50 if you mow my lawn."
B) "I will pay you $50 if you promise to trim that tree."
C) "I will pay you $50 for your CD player."
D) "I will pay you $50 for your backpack."

E) C) and D)
F) B) and D)

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Jerry offers to shovel the snow from Ben's driveway for $35. Ben replies "OK." This is an example of


A) an implied, unilateral contract.
B) an express, unilateral contract.
C) an implied, bilateral contract.
D) an express, bilateral contract.

E) All of the above
F) C) and D)

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Lucy and Rick sign a contract in which Lucy agrees to deliver 10 boxes of chocolates in exchange for Rick's promise to pay $5 per box. Lucy delivers the candy. Rick pays for the goods. This contract is fully executory.

A) True
B) False

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Jennifer has offered to sell her laptop computer for $500 to Jack. She tells Jack that the computer is only six months old but, in fact, it is three years old, and Jennifer wants to unload the lemon. Jack agrees to buy the computer based on Jennifer's representations. This contract is


A) a void agreement because of the fraud involved.
B) a voidable contract, one that Jack can void.
C) a voidable contract, because it is unilateral.
D) a void contract because of the UCC.

E) None of the above
F) A) and C)

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As English judges were developing the common law of contracts in the twelfth and thirteenth centuries,


A) most promises were found to be enforceable.
B) promises were found not binding unless written and sealed.
C) the term "contract" became common.
D) changes in the law occurred rapidly.

E) A) and B)
F) A) and C)

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Alex promises to pay $100 to anyone who finds his lost watch. Kate finds and returns the watch to Alex after hearing of the reward money. Alex and Kate have an enforceable unilateral contract.

A) True
B) False

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Larry goes to his barber who has cut his hair for the past several years. The barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area. This is an example of a


A) unilateral, implied contract.
B) bilateral, implied contract.
C) unilateral, express contract.
D) bilateral, express contract.

E) B) and C)
F) C) and D)

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An express contract


A) must be in writing.
B) may be inferred by the conduct of the parties involved.
C) has both parties setting forth their intentions.
D) is not valid in many states.

E) None of the above
F) A) and D)

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Mary goes into Honest Harry's Electronics and purchases a TV. Mary agrees to pay for the TV in 30 days on the store's "30 days same as cash" plan. This is an executory contract.

A) True
B) False

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A valid contract can legally be voided by either party.

A) True
B) False

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When promissory estoppel is used by the courts, it is because there is NOT an enforceable contract present.

A) True
B) False

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