An offer made as a joke, where a reasonable person would conclude that it was made

as a joke, cannot result in a contract

8. The mirror image rule permits the offeree's acceptance of a contract to vary from the

offer.

9. A person who delegates his contractual duties is fully relieved of any further duty to

perform under that contract.

10. When both parties to a contract are minors, either or both of them may avoid the

contract.

11. A parent or parents who sign a contract on behalf of their minor child may disaffirm the

contract just as their child may.

12. A party who makes a mistake about the value of the object of a contract is normally

permitted to avoid the contract.

14. A party to a contract may delegate his rights arising from the contract to another

person.

15. The nonbreaching party normally may not recover punitive damages in a breach of

contract claim.

16. Expenses, such as those incurred to obtain performance from a source other than the

original contracting party, are called consequential damages.

22. "I promise to pay you $100 if you will promise to fix my car next month." This is an offer

for a unilateral contract.

23. If a person who has been declared incompetent by a court enters into an

agreement, that agreement is void, because it does not meet all the requirements of a

binding contract.

24. Alice makes a material misrepresentation of fact to Betty, and based upon the

misrepresentation, Betty enters into a contract. Betty now realizes she was deceived and

wants to get out of the contract. This contract is voidable at Betty's option only.

25. Nathan promises to take Debra to the show on Friday night. He then changes his mind

so that he can stay home and study his business law. Nathan can be sued for breach of

contract by Debra for breaking his promise.

27. An offer must be communicated to the offeree or his agent in order for the offer to be

effective.

28. If Bill tells Sara that he will give her two days to decide if she wants to buy his car, he

cannot sell it to anyone else during that time.

30. If the offer specifies it MUST be accepted by letter, a telegram will not be a valid means

of acceptance.

31. If an offer states that it MUST be received by a certain date, receipt is presumed in

those situations when acceptance is mailed.

34. Contracts have a number of legally essential elements, among which are an

agreement and consideration.

36. On July 12th, 2008, Louis offers to employ Teresa as head chef in his restaurant next

year. The very next day, Teresa accepts the offer. The parties agree on a term of nine (9)

months, and a $10,000 salary per month. Per their agreement, Teresa is to begin work on

January 1. This contract falls within the scope of the statute of frauds, and thus will likelyhave to be in writing to be enforceable.

38. Wendy offers to pay Jose $1,000 if he agrees to promise to paint her house this month.

If Jose accepts the offer, it will create a unilateral, executed contract.

39. A contract to provide lawn and landscaping service for "the next six (6) months" falls

within the scope of the statute of frauds, and must be in writing to be enforceable.

40. Fred offers to paint Debbie's home for $500. Debbie tells Fred she will only pay $450,

and Fred agrees. Under these facts, Debbie is the "offeror."

41. Sarah, an artist, e-mails Patricia and offers to paint her portrait for $499.99. Patricia

calls Sarah back and accepts the offer. Sarah promises to paint the portrait within one (1)

year, if not sooner, and Patricia agrees to pay within six (6) months of the portrait's receipt.

This is an enforceable, bilateral, executory contract.

42. Sue leases her 3 Bedroom, 2-bath home to Trisha for $300,000 for one year. The

parties sign a written lease. Article 2-A of the UCC governs this contract.

43. Bob, a schoolteacher, sells his neighbor Sam an old office chair at a garage sale. Bob

has given Sam an "implied warranty of merchantability."

44. Sue sells her 3 bedroom, 2 bath home to Trisha for $300,000. The parties sign a

written contract. Article 2 of the UCC governs this contract.

47. Pat, who owns an appliance store, has a garage sale at his home where he sells old

furniture and books. He sells a set of books to his neighbor Judy. Pat is considered a

merchant under Article 2 of the UCC in selling the books to Judy.

48. The UCC imposes a duty of good faith on the performance and enforcement of every

contract it covers.

51. A promises to pay B $50 if B will mow A's lawn. B completely and satisfactorily mows

A's lawn. This is a unilateral contract.

56. An advertisement offering a reward for the return of lost property usually is treated as

an offer for a unilateral contract.

58. In general, ambiguities in a written agreement are resolved against the party who

drafted the agreement.

59. Under the "American Rule" governing successive assignments, the first assignee in

time has the superior right.

60. Rolland just bought a new pair of eye glasses. He had to go to the eye doctor for an

exam and to get a prescription. He then took the prescription to the eye-glass store to buy

his new glasses. Rolland's visit to the eye doctor is governed by the UCC; the purchase of

his glasses from the eye-glasses store is not.

61. The mirror image rule permits the offeree's acceptance of a contract to materially differ

from the offer.

63. If a rejection is placed in the mail, with the proper address and postage, it will generally

be considered effective on "deposit."

64. One of the key issues in a promissory estoppel case is whether the defendant made

a promise to the plaintiff that the plaintiff detrimentally relied upon.

65. In order for an offer to be legally valid under the common law, it must have reasonably

definite terms.

69. Robert agrees to buy a car from Jane for $400. This contract must be in writing to be

enforceable.

70. "I'll pay you $1,000 if you promise to paint my house this month." If the offeree accepts,

this is a unilateral contract.

75. Under the common law, an offeree's proposal to make a material change in the terms

of an offer will most likely constitute a counter-offer.

76. Mary was mistaken about a material fact concerning a contract she made with

Bob. Mary can avoid the contract on the grounds of "fraud."

84. Any agreement made "after a few drinks" can be avoided for lack of seriousness of

intent.

87. When a contractor submits a bid for a construction project, the submission of the bid

is an offer.

93. Under the UCC, the mirror image rule applies in the same manner as under common

law.

94. In ordinary sales transactions, the implied warranty of fitness for a particular purpose

can be disclaimed, but the disclaimer must be in writing and conspicuous.

96. A model used in connection with selling goods will usually amount to a warranty that

the goods will be as the model indicates.

97. A statement that a particular truck can haul a 3,000 pound load would be treated as an

opinion and would not become an express warranty.

98. The implied warranty of merchantability requires that goods be fit for the ordinary

purposes for which they are intended.

99. For the implied warranty of fitness for a particular purpose to apply, the seller must

have actually known the purpose for which the buyer was purchasing the goods.

101. A seller's statement that "this is a terrific used car" generally creates an express

warranty.

103. A contract for the sale of goods must include a price to be enforceable under the

UCC.

104. In ordinary sales transactions, the warranty of title can be disclaimed or modified only

by specific language in a contract.

105. According to the UCC, unless otherwise specified or agreed upon, all goods in a

contract must be rendered in a single delivery.

107. When an offer governed by the UCC does not specify a means of acceptance, it can

be accepted by any means reasonable under the circumstances.

108. The UCC always governs breach of contract cases involving a combination of

services and tangible movable goods.

109. In order to be liable for negligence a person must have owed a duty of care to the

plaintiff.

110. Tim and his friend are playing catch in the back yard when Tim suddenly throws the

ball over the fence into the neighbor's yard where it breaks a window. This is trespass to

real property, even if Tim himself does not go onto the property to get the ball.

112. Arthur offers Bob, an employee of Carl, a job with his company at a yearly salary of

$10,000 more than Bob receives under the contractual relationship between Bob and Carl.

Arthur knows about the contract between Bob and Carl and knows that the contract should

run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable

to Carl for intentional interference with contractual relations.

114. Because he's a good friend, and has known Hilda a long time, Scott fixes Hilda's car

as a surprise for her birthday. When Hilda sees it, she is so happy, she promises to give

Scott $1000 the following week for doing the work. He gratefully accepts. A court would

likely find that this promise to be supported by valid consideration; and Hilda's promise to

pay $1000 is enforceable as a contract.

115. One distinction between nuisance and trespass to land is that trespass to land

involves intrusions by human beings, while nuisance involves intrusions by other forces.

116. In order to be liable for conversion, the defendant must know that the property

rightfully belongs to someone else.

117. In a strict liability case, the plaintiff still must prove that the defendant breached a

duty.

118. Even though no one else had developed an invention like that of the patent applicant,

the application will be denied if, at the time of the invention, the invention would have been

obvious to a person having ordinary skill in the area.

119. A copyright owner's failure to use a proper copyright notice does not cause her to

forfeit copyright protection.

121. Bill dictates a letter to his assistant, Barbara. The letter is addressed to Betty Bonds,

his accountant, and in it, he accuses Betty of being dishonest - when he knows sheis not!

Barbara never types the letter, and does not send it to Betty. Nevertheless, Bill has

likely committed the tort of defamation.

122. In a defamation suit where the plaintiff is a "public figure," the defendant must prove

that the plaintiff acted "with actual malice."

125. In tort law, intent means only that the actor intended the consequences of his or her

act or knew with substantial certainty that certain consequences would result from the act.

127. An assault may be committed when a person acts in a way so as to create an

apprehension of offensive contact in the distant future.

131. To commit the tort of trespass to land, a person does not need to actually harm the

land.

132. Conversion is wrongfully taking or retaining an individual's personal property and

placing it in the service of another.

134. A service mark is used to distinguish products produced by the federal government

from those produced by private corporations.

135. Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally

knocks it off Rob's head in order to embarrass Rob. Brad has committed a battery.

136. In a defamation action, the plaintiff must prove that the defendant communicated a

false statement to a third party.

138. Under the new Restatement (Third) of Torts, a manufacturing defect exists only when

it is shown that: 1) the product has departed from its intended design; and 2) the

manufacturer failed to exercise "due care" in the manufacturing process.

140. Opinion is generally a valid defense in a defamation lawsuit because it cannot be

proven to be true or false.

141. In order for a plaintiff to win a case involving intentional infliction of emotional distress,

she must prove the defendant acted in an extreme and outrageous manner.

146. Electronic surveillance for the purpose of acquiring trade secrets is permissible under

the law of unfair competition.

147. For a mark to be protected under federal law, it must be registered with the Patent

and Trademark Office.