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Review Test Submission: Final Exam
User Jessica Hooker
Course 202040 Fall 2020 GOVT 404-B01 LUO
Test Final Exam
Started 10/16/20 10:23 PM
Submitted 10/17/20 12:02 AM LATE
Due Date 10/16/20 11:59 PM
Status Needs Grading
Attempt Score Grade not available.
Time Elapsed 1 hour, 39 minutes out of 2 hours
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Time limit: 2 hours
42 multiple-choice and essay questions
Open-book/open-notes
Do not hit the BACK button as this will lock you out of the exam.
The timer will continue if you leave this exam without submitting it.
Question 1
Renée lost her job last year and has been unable to nd employment since then. She
has been living in her car for the past two months, but knows that with winter
approaching, she needs to nd a place to live. Unfortunately, the odd jobs she’s found
only keep her employed for about 10 to 20 hours each week, and she is not sure she
makes enough to rent even a small apartment. She meets with a property manager
about renting a room in an older house that the manager manages. The manager
agrees to rent the room to Renée for $200 each month, but only if Renée will sign a
lease agreement that includes a densely worded “future wage assignment” provision
in small print, which provides that Renée will pay 10% of any future wages she earns
to the property management company for the next 5 years. No other aordable
housing options are available to Renée. She signs the lease. The next year, Renee
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Selected
Answer:
obtains a job working as lab technician in a hospital earning $35,000. What’s Renee’s
best argument that the future wage assignment is unenforceable, and why?
The agreement is unconscionable because Renée has so little
bargaining power and the terms are unfair.
Question 2
Selected Answer:
Employer contracts with Employee to serve as the Chief Operating Ocer to the
Employer. The term of the contract is one year. The annual salary is $75,000. Before
the employment begins, Employee quits. Employer pays a recruiter $3,250 to nd a
replacement employee. The recruiter nds a comparably qualied replacement
employee who is willing to serve as Chief Operating Ocer for an annual salary of
$80,000. Choose the best answer:
Employer is entitled to damages of $8,250.
Question 3
Selected
Answer:
Anderson contracts with Mallows for Anderson to paint Mallows’ two-story house. The
price is $2,500, payable to Anderson once the painting is completed. Prior to the
contract, Anderson meets with Mallows, looks at the house, and discusses the kind of
paint that Anderson will use and the timing of the completion of the work. Anderson
starts painting the house on Monday morning. Monday afternoon, after Anderson
has painted only one side of the house, Anderson tells Mallows that he will require an
additional $500 to nish the job. In response, Mallows promises to pay Anderson
$3,000 upon completion of the house. Choose the best answer:
The contract is enforceable because Anderson relied upon Mallows’
promise to pay an additional $500.
Question 4
Selected
Answer:
Ramsey and Steven are discussing the sale of Ramsey’s used bulldozer to Steven.
Ramsey tells Steven that he will sell the bulldozer for $85,000. Steven responds by
saying: “$85,000 is a lot of money; I will pay you $75,000 for it but that is all.” Choose
the best answer:
Steven’s statement constitutes a rejection and is also a
counteroer.
Question 5
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Selected
Answer:
WCorp contracts with Building Co. to wash the windows at Building Co.’s oce
building. WCorp contracts with Wndx, LLC to wash the windows at Building Co.’s oce
building. Choose the best answer:
WCorp has delegated its duty to wash windows to Wndx, LLC, but if Wndx,
LLC does not wash the windows as contracted, WCorp is still liable.
Question 6
Selected
Answer:
Allen is hiring a computer database designer to help his law rm design a custom
client management database. He interviews Megan for the job, and would like to hire
her. He needs someone who will be able to start work right away, and it is important
that the new hire sign his condentiality agreement so that condentiality of client
information will be preserved when the database is designed. Allen locates a form
called “employment agreement,” which includes a condentiality agreement, and
mails it to Megan. The cover letter enclosing the agreement indicates that Megan
“must sign this agreement without making any changes to it and hand-deliver it to my
secretary on or before June 1.” Choose the best answer:
Allen can require that Megan hand-deliver the letter to his secretary
because he, as oeror, can dictate how it is accepted.
Question 7
Selected
Answer:
Shilo oers to sell his home to Bubba for $245,600. Bubba inspects the home and
mails a written acceptance letter indicating that “I agree to buy the home for
$245,600, including all of the furniture and window treatments in the house when I
inspected it today.” Choose the best answer:
Bubba’s letter does not constitute an acceptance, because it includes a
term not included in Shilo’s oer.
Question 8
Selected
Arrington hires Bernice to make a prototype of a new hospital bed Arrington hopes to
manufacture and sell. Bernice agrees to have the prototype ready by October 1. On
September 25, Bernice calls to tell Arrington that she’s almost nished but that it will
likely be October 4th or 5th before the prototype is completed. Arrington tells her, for
the rst time, that he was planning to take the prototype to the Hospital Expo in New
York City on October 3, and that if the prototype is not ready by then, he will have
wasted the $5,000 exhibition fee he paid. Choose the best answer:
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Answer: Arrington cannot recover the $5,000 exhibition fee because incurring the
fee was not reasonably foreseeable at the time of contract.
Question 9
Selected
Answer:
Which of the following contracts is most likely to be enforced by way of the remedy of
specic performance?
A contract requiring that a seller of oceanfront property convey the
property to a buyer.
Question 10
Selected Answer:
Allied Signage, LLC contracts to sell to RampCo three custom parking garage signs,
complete with brackets, and to install all three signs on the front of RampCo’s three
parking garage locations. Is the transaction covered by the Uniform Commercial
Code?
Yes, if the contract is predominantly for goods.
Question 11
Selected Answer:
Where a party commits a _______________ breach, the nonbreaching party has the right
to suspend performance, terminate the contract, and recover damages.
material
Question 12
Selected
Answer:
Surface Solutions contracts to resurface the ooring surfaces of each of three
identical warehouses on Logistics-88’s distribution compound. The contract provides
that the contract price will be $25,000 per warehouse. Surface Solutions resurfaces
the rst two warehouses, but not the third. As a result, Logistics-88 has to hire
someone else to resurface the third warehouse for $25,000. Choose the best answer:
Surface Solutions is entitled to $50,000 because it resurfaced two
warehouses.
Question 13
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Selected Answer:
Jackson has hired Louis to work as an accountant in Jackson’s real estate
management company for ten years. Over the years, Jackson occasionally asked Louis
to “cheat” when preparing nancial documents, including, on two occasions, making
false statements on Jackson’s federal income tax returns. This year, when negotiating
Louis’s employment contract, Jackson tells Louis that he is considering reporting Louis
to the Internal Revenue Service for criminally falsifying tax information. He tells Louis
that he won’t do that if Louis will agree to work for a substantially reduced salary for
the next year. Louis agrees to a one-year contract, with a salary that is 40% lower than
what he earned the preceding year. If Louis doesn’t want to be bound to the new
contract, his best defense will be:
Duress
Question 14
Selected
Answer:
Apples Co. sells apples. Apples are readily available in the marketplace. Beta Co.
operates a large retail fruit market. Apples contracts to sell 30 bushels of apples to
Beta Co. and deliver them on November 20. On November 1, Apples Co. tells Beta Co.
that it will not deliver any apples to Beta Co. Choose the best answer:
If Beta Co. buys apples from another seller at a price that is $300 more
than the contract price between Apples Co. and Beta Co., Beta Co. will
recover $300 from Apples Co.
Question 15
Selected
Answer:
Blue Studio (Blue) contracts with Derrick Teal (Teal) for Teal to lease Blue’s recording
studio to record Teal’s series of 12 podcasts. The recording session is scheduled to
take place on December 12. On December 11, the building where Blue’s studio is
located is destroyed by a ood. What is the most likely outcome?
Blue will have a defense of impracticability that will excuse its inability
to make a studio available to Teal.
Question 16
Bill and Linda have been searching for their “dream house” for years but have never
found it. Ten years ago they both decided to substantially reduce the cost of their
lifestyle. They sold one of their two cars, sold their house and bought a one-bedroom
apartment, stopped going out to eat, started buying used clothing instead of new
clothing, and terminated their cable TV accounts and mobile phones. As a result they
were able to save money, and after ten years, through their sacrices, they saved
enough for a down payment on construction of their new dream home. The price to
build the home is $400,000. The value of the home once completed will be $400,000.
They contracted with a builder to construct a custom-designed home for them and
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Selected Answer:
gave the builder their 10 years of savings as a down payment: $80,000. The builder
breached the contract and left town with their money. Bill immediately became
anxious and had trouble sleeping because he was so upset with the builder. If Bill and
Linda sue the builder for breach of contract, choose the best answer:
They will be entitled to recover $80,000 in damages.
Question 17
Selected Answer:
Buddie contracts to sell 110 steering wheel covers to Donnie. The contract price is
$600. Donnie wrongfully refuses to pay for, or accept delivery of, the steering wheel
covers when Buddie delivers them. Buddie resells all of the steering wheel covers for
$500. Choose the best answer:
Buddie is entitled to damages in the amount of $100.
Question 18
Selected Answer:
If Allen makes an oer for a unilateral contract to Robert, when will the contract be
formed?
When Robert completes performance.
Question 19
Selected Answer:
When a party seeks to recover damages for lost prots, it must prove that loss with
______________ certainty.
reasonable
Question 20
Selected Answer:
Mandie interviews Carlton for a new job at Mandie’s company. At the end of the
interview, Mandie oers to hire Carlton on a two-year contract with a salary of
$42,000, plus health insurance. Carlton asks if he can “sleep on it” and let Mandie
know his answer the next day. Mandie agrees. That night, Mandie texts Carlton the
message: “I just found someone else for the position, but thanks for interviewing and
best of luck.” Choose the best answer:
Carlton cannot accept the oer because it was revoked.
Question 21
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Selected
Answer:
Boone hires Lenny to work as his bodyguard for 12 months. Two months into the
contract, Boone’s cousin, Austin, moves into the apartment building next to
Boone. Boone knows Austin has a lot of experience in the security industry, and he
has always liked spending time with Austin, so he hires Austin to be his security
guard. The next day when Lenny is 5 minutes late for work , Boone, tells Lenny that
because Lenny is was late for work, he is red. Choose the best answer:
Lenny’s delayed performance of his duties under the contract is an
immaterial breach, and Boone will have to continue to pay Lenny to be his
personal bodyguard for the rest of the contract.
Question 22
Selected
Answer:
Contractor enters into a construction contract with a Subcontractor for the
Subcontractor to provide sucient concrete on a construction job site to complete all
concrete work according to the contract specications. The contract provides that
“any failure to comply with the strict terms of this contract subjects the Subcontractor
to a $10,000 penalty, which the Subcontractor agrees it shall pay on demand.”
The quoted provision is an unenforceable liquidated damages
clause.
Question 23
Selected Answer:
In a contract for the sale of goods, where a buyer and seller exchange preprinted
purchase orders and sales conrmation documents, if the terms related to price,
quantity, and description of goods are all the same, but the preprinted terms and
conditions on the parties’ respective forms are dierent, any dispute between the
parties regarding which terms and conditions control is likely controlled by:
The “Battle of the Forms” doctrine
Question 24
Selected Answer:
Boone hires Lenny to work as his bodyguard for 12 months. Two months into the
contract, Boone’s cousin, Austin, moves into the apartment building next to Boone.
Boone knows Austin has a lot of experience in the security industry, and he has
always liked spending time with Austin, so he hires Austin to be his security guard.
Boone, falsely, tells Lenny that because Lenny is always late for work, he is red. One
month later, Lenny gets a job working as a bodyguard for someone else. Choose the
best answer:
Lenny is entitled to no damages from Boone.
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Question 25
Selected Answer:
Square Co. and Circle Co. enter into a contract for Circle Co. to provide carpetcleaning services at Square Co.’s oce building for one year. The agreement includes
the following provision: “In the event that Square Co. transfers ownership of the oce
building at any time prior to the conclusion of the one-year term of this agreement,
both parties’ obligations under this agreement shall end.” The provision is best
described as:
a merger clause
Question 26
Selected
Answer:
Coldair manufactures refrigerators designed and sold for residential use. The
refrigerators are designed to maintain an internal temperature of between 33 and 40
degrees Fahrenheit. Natasha is a scientist who works with viruses. To preserve vials
containing inuenza viruses, she needs refrigerators that will maintain a constant
temperature of 50 degrees. Natasha purchases 3 Coldair refrigerators for her lab,
ordering them from a large retailer’s website. The refrigerators are delivered, but
after she plugs them in and turns the temperature controls to the warmest setting,
none of the refrigerators is warm enough to use for her experiments. Choose the
answer that is false:
Natasha does not have a claim for breach of the implied warranty of
merchantability because she did not negotiate for a warranty of
merchantability when she purchased the refrigerator.
Question 27
Selected
Answer:
In order to satisfy the requirement of the statute of frauds, a writing needs to:
Include the signature of the party against whom the agreement is
enforced.
Question 28
University Bookstore sells books and “spirit gear”—that is, shirts, sweatshirts, bumper
stickers, and other items that fans of the University’s sports teams buy. The bookstore
sells lots of spirit gear after a home victory by the university basketball and football
teams. The Super Conference is a group of universities that compete against each
other in various athletic contests. The Super Conference contracts with referees to
ociate the contests between the various university teams. Dover is a football ocial.
He is under contract with Super Conference to ociate a football game between
University’s team and another school’s team. Dover is responsible for calling
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Answer:
penalties, including a penalty called “pass interference.” As time expires in the game,
Dover fails to see a player commit pass interference, and as a result of his error, the
University team loses the game. Fans leave the stadium disappointed, and do not
stop by the University Bookstore to purchase any spirit gear. Choose the best answer:
University Bookstore is an incidental beneciary of the contract between
Dover and Super Conference, and has no right to recover damages from
Dover.
Question 29
Selected
Answer:
Fifo, Inc. and LevelLLC have been doing business together for eleven years. Fifo, Inc.
provides business accounting services for LevelLLC’s small construction business. Last
spring, when Fifo, Inc. had some storm damage at its home oce, LevelLLC sent
some workers over to repair the damage at no cost to Fifo, Inc. The following
summer, LevelLLC found itself being audited by the Internal Revenue Service. Fifo, Inc.
agreed to advise LevelLLC during the audit at no cost, as a way of thanking LevelLLC
for its help the previous spring. Is the agreement between Fifo, Inc. and LevelLLC a
bargained-for exchange?
No, because Fifo, Inc.’s promise to assist in the audit was not made to
induce a return promise or performance from LevelLLC.
Question 30
Selected
Answer:
Mack contracts with Owner to polish and seal Owner’s concrete oor in Owner’s new
manufacturing facility. The work is scheduled to take place on July 3. Mack contracts
with Rent Master to rent a concrete polishing machine for July 3 at a cost of $500. On
July 2 there is an earthquake that destroys Owner’s building. Mack wants to know if
the law provides an excuse for his duty to pay Rent Master for the concrete polishing
machine. Choose the answer that describes the best defense for Mack to assert:
Mack is not required to pay for the rental because of the doctrine of
frustration of purpose.
Question 31
Selected
BuyCo and SellCo enter into a contract for the sale of aluminum ashlights. The
agreement is memorialized in a completely integrated written agreement. A dispute
between BuyCo and SellCo breaks out, and at trial BuyCo attempts to introduce parol
evidence. Which parol evidence is more likely to be admitted over SellCo’s parol
evidence rule objection?
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Answer: Evidence that both parties’ course of dealing suggests that the parties
intended an arbitration process that directly contradicts the arbitration
procedure described in the writing.
Question 32
Selected
Answer:
Drain Clean Solution, Inc. (DCS) cleans industrial drainage systems. DCS contracts with
Big Motor Co. (BMC) to clean the water drainage systems around its large
manufacturing facility. DCS agrees to charge $15,000 for its services. It costs DCS
$12,000 to perform the work. The fair market value of the work to BMC is $13,000.
After the work is performed, BMC does not pay DCS. Choose the best answer:
If DCS is awarded $12,000, that amount represents DCS’s reliance
interest.
Question 33
Selected
Answer:
Heather contracts for Leonard to play the piano at Heather’s company’s grand
opening on the evening of December 14. The contract provides that Leonard will play
for $2,000. Leonard nds another job on December 14 that will pay him $3,000. Other
pianists are available to work on December 14 and will charge $2,000. If Leonard
repudiates his contract with Heather, choose the best answer:
Heather will be obligated to nd someone else to perform, but she can
recover damages from Leonard in the amount of $1,000.
Question 34
Selected
Answer:
Bolt Restoration, LLC contracts to sell 10,000 boxes of reconditioned bolts to The Bolt
Barn for $40 per box. The boxes are to be delivered in 30 days. At the time of
contract, it costs Bolt Restoration, LLC $30 to make each box of bolts. The day after
the contract, one of the essential components for reconditioning the bolts, bolt
solvent, increases in price sharply. The price increase means that it will cost Bolt
Restoration, LLC $70 to make each box it sells. Accordingly, instead of making
$100,000 on the contract, Bolt Restoration, LLC will lose $300,000 if it has to perform
the contract. Choose the best answer:
Bolt Restoration, LLC will not be successful in arguing that the contract is
unconscionable, because the contract was fair to Bolt Restoration, LLC at
the time it was made.
Question 35
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Selected
Answer:
Lynda is the Chief Operating Ocer a medical device manufacturer. She meets with
Rupert, who has worked for the company for 40 years. Lynda verbally promises
Rupert that if he retires, the company will pay him a monthly retirement benet until
he dies. Rupert retires. Lynda argues that the alleged verbal agreement is
unenforceable because the Statue of Frauds requires that it be in writing. Choose the
best answer:
Lynda’s argument will fail because the agreement could be completed in
less than one year if Rupert died less than one year after the agreement
was made.
Question 36
Selected
Answer:
Latricia runs a software development company. The company makes expensive
software tools for graphic designers. She agrees to give a copy of one of the software
packages from the company’s warehouse to Delbert, a 17-year-old budding graphic
designer, if Delbert promises to pay for the software by picking up trash in the
company parking lot every day after school for the entire school year. Delbert picks
up the software from Latricia, then shows up after school and picks up trash for the
rst week of school. After that, he never shows up again and refuses to return the
software. Does the company have a breach of contract claim against Delbert?
No—because Delbert was not the age of majority at the time of the
contract, he is not liable.
Question 37
Selected Answer:
TripleCyl contracts with ManuPow Partners to sell 100 forklift engines at a cost of
$2,000 each. TripleCyl agrees to deliver the engines in one installment on April 1. On
March 20, TripleCyl delivers 98 engines together with a note stating that the
remaining two engines would be delivered the following day. The next day TripleCyl
delivers two engines. Is ManuPow Partners entitled to reject the engines? Choose the
best answer:
Yes, ManuPow Partners is entitled to a perfect tender.
Question 38
Super Quilt, Inc. places an advertisement online, using a social-media company’s
advertising distribution system. The advertisement includes a photograph of a quilt
with the following message: “Get this cashmere wool quilt, for $29.99, only at your
local Super Quilt, Inc.! Regularly priced at $130!” Elaine sees the advertisement and
races to her local Super Quilt, Inc. to buy the quilt featured in the advertisement.
When she tells the manager, “I want one of those quilts I saw on the internet,” the
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Selected
Answer:
manager responds that they have sold out of their entire inventory of cashmere wool
quilts. Elaine is enraged at the manager’s response. Choose the best answer.
Elaine has no breach of contract against Super Quilt, Inc. because the
advertisement was not an oer.
Question 39
Selected Answer:
Mandie interviews Carlton. At the end of the interview, Mandie tells the Carlton that
she will be in touch. Mandie mails a letter agreement that oers to hire Carlton on a
one-year contract with a salary of $56,500, plus health insurance. The letter indicates
that the agreement must be accepted by March 5. On March 3, Carlton countersigns
the letter agreement on the signature line provided for him and mails it back to
Mandie. On March 4, Mandie calls Carlton and tells him that she revokes the oer. On
March 6, Mandie receives the countersigned letter from Carlton. Choose the best
answer.
No contract was formed, because Mandie revoked the oer.
Question 40
Selected
Answer:
GC Company is a building contractor, performing work for the Owner of a
construction project. The contract between GC Company and Owner provides that
there will be six phases of work. Further it provides that at the end of each phase of
work, GC Company should submit its request for payment to Owner’s architect. Once
the architect approves the work performed, GC Company is entitled to payment of
1/6 of the total contract price. GC Company performs work on phases 1, 2, 3, 4, and 5,
and the Owner pays for the work despite the fact that GC Company never submitted
its requests for payment to the architect and never got the architect’s approval of the
work. When GC Company submits its request for the sixth and nal payment, the
Owner refuses to pay it on the grounds that GC Company has never submitted it, or
any other request for payment, to the architect. What is GC Company’s most likely
argument that it is entitled to payment?
Owner has waived the right to insist on strict compliance with the
condition that was included in the contract.
Question 41
Seller manufactures specialty adhesives used in the aerospace industry. Buyer uses a
specialty adhesive to make airplane windshields. Seller and Buyer agree that Seller
will sell as much “Adhesive 4242” as Buyer requires to make windshields during the
next 12 months at a price of $200 per gallon. For the rst three months of the
contract, Buyer requires 50 gallons of glue every month. In the fourth month, Buyer
orders 600 gallons. Seller only provides 50 gallons to Buyer, and Buyer sues for
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Selected
Answer:
Response
Feedback:
[None Given]
breach of contract. What do you predict the outcome of this dispute will be and be
sure to state any legal principles justifying your conclusion?
This is a contract between two businesses. So, this could go under the UCC
(Uniform Commercial Code) of the selling of goods. The seller needed to
give the buyer 600 gallons per their agreement, " Seller will sell as much
“Adhesive 4242” as Buyer requires to make windshields during the next 12
months at a price of $200 per gallon.'' When the seller only sent the buyer
the 50 gallons and not the additional 550, that is when there would be a
breach in the contract. The buyer has every right to sue the seller for not
following the agreement. The Seller should fulll the rest of the order and
send over the remaining 550 gallons.
Question 42
Selected
Answer:
Response
Feedback:
[None Given]
Red Studio (Red) contracts with Danielle Orange (Orange) for Orange to lease Red’s
recording studio to record Orange’s series of 12 songs for her new album. The
recording session is scheduled to take place on October 19. On October 17, Red
emails Orange and says: “I’m not sure the studio is going to be available on October
19.” It is important to Orange that the recording is completed on the 19th so she can
full her obligations to her record label. Explain the legal consequence of Red’s
October 17 email and be sure to state any legal principles justifying your conclusion?
Red Studio entered into a contract with Danielle. The contract that she
would be able to use the studio to record her series of 12 songs on her
new album. She needs to fulll her obligations to her record label. Red
Studios emailed Danielle Orange stating that the studio would not be
available on October 19. There is a breach in the contract because the
booking is received when you get conrmation of the studio being
available for her. The studio was already promised to her on a specic
date October 19. The studio not upholding their side of the contract may
cause Danielle Orange to lose her recording deal.
The two parties may suspend performance. it may stop performing its part
of the contract temporarily while awaiting a cure by the other party. Since
the studio may not be available on the 19th of October. Maybe Danielle
can come into the studio and nish recording on the 18th of October.
← OK
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