Busn 420 business law week 4 contracts defenses, breach, and remedies

Week 4 : Contracts: Defenses, Breach, and Remedies – Quiz

Question 1. 1. (TCO 4) Timber, Inc., and Wood Corporation enter into an oral contract for the sale of a lumber mill and the land on which it is situated from Timber to Wood. Under the Statute of Frauds, this contract is enforceable by (Points : 2)
the seller.
the buyer.
any interested third party, such as the mortgagee or title company.
None of the above.

Question 2. 2. (TCO 4) Reel Graphics, Inc. agrees to assume a debt of Suave Marketing Company to Town Credit Union. This promise is for Reel’s benefit. To be enforceable, the promise (Points : 2)
must be in writing.
must be in writing only if the debt is valued at $500 or more.
must be in writing only if the debt will not be repaid within one year.
need not be in writing.

Question 3. 3. (TCO 4) Mei orally promises Nester that she will buy his fishing trawler for $10,000. Before either party acts in reliance on this promise, under the doctrine of promissory estoppel, the transaction is enforceable by (Points : 2)
the seller or the buyer.
the marina where the trawler is docked.
the state in which the trawler is located.
None of the above.

Question 4. 4. (TCO 4) Lyra induces Moe to enter into a contract for the sale of an apartment about which Lyra fraudulently misrepresents a number of material facts. Lyra tells Moe that her commission is 6 percent, but their signed, written contract states “12 percent.” The Statute of Frauds governs (Points : 2)
contracts that are induced by fraud.
contracts that must be in writing to be enforceable.
the admissibility in court of oral evidence.
the reformation of oral and written statements into one contract.

Question 5. 5. (TCO 4) Darla sells an all-terrain, off-road vehicle to Esteban without disclosing that the odometer, which reads 30,000 miles, was disconnected 50,000 miles ago. Darla is most likely liable for _____. (Points : 2)
duress
fraud
mistake
nothing

Question 6. 6. (TCO 4) Lacy uses undue influence to induce Mina to sign a contract to invest her National Education Fund student loan money in Overseas Bank. Mina may (Points : 2)
avoid the contract.
do nothing after Mina signs the contract.
recover from National for a failure to monitor Mina’s money.
recover from Overseas for a failure to undo Lacy’s influence.

Question 7. 7. (TCO 4) Chocolate Bites, Inc., and Delite Distribution, Inc., signs a written contract for sale of goods. To be enforceable, this written contract must include (Points : 2)
a correct title, such as “Purchase Order” or “Sales Invoice.”
a declaration of the subject matter.
a quantity term.
the parties’ names.

Question 8. 8. (TCO 4) Sid induces Ty to enter into a contract for the sale of a warehouse about which Sid fraudulently misrepresents a number of material facts. Sid also tells Ty that his commission is 6 percent, but their signed, written contract states “12 percent.” The parol evidence rule governs (Points : 2)
contracts that are induced by fraud.
contracts that must be in writing to be enforceable.
the admissibility in court of oral evidence.
the reformation of oral and written statements into one contract.

Question 9. 9. (TCO 4) In selling paving stones to Yard & Garden Supply, Trey tells Yard & Garden’s buying representative that the stones are “soft as carpet.” This is _____. (Points : 2)
unconscionable
fraud
mistake
puffery

Question 10. 10. (TCO 4) Dobry Die & Mold, Inc. enters into a contract with Chet’s Refitting Service to fix Dobry’s precisely engineered molding equipment. If Chet’s delays the repair for five days, knowing that Dobry will lose a certain percentage of profit for the delay, Dobry might be awarded consequential damages to (Points : 2)
establish, as a matter of principle, that Chet’s acted wrongfully.
provide Dobry with funds for a foreseeable loss beyond the contract.
provide Dobry with funds for its loss of the bargain.
punish Chet’s and set an example to deter others from similar acts.