Contracts: Discharge of Contracts: Tutoring Solution Chapter Exam

Exam Instructions:

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Question 1 1. Deon and Barry opened a taco business together. During the time they were partners, Barry and Deon developed a secret recipe of spices for their fish tacos. When Deon left the company, he took the secret recipe with him and opened a taco stand just about a mile away. What should have happened prior to Deon opening the new taco stand?

Question 2 2. What is a breach of contract?

Question 3 3. Bert and Samuelson were drinking pretty heavily when they decided to enter into a contract for the sale of Samuelson's prized race horse, Big M. Still a bit tipsy, Samuelson woke up the next day and noticed Bert trying to load Big M into the back seat of his car. Shocked, he ran outside to stop Bert. Bert showed Samuelson the sale agreement of the horse. What will likely happen?

Question 4 4. When no real injury exists or it is of an insignificant amount, which remedy would a judge impose?

Question 5 5. Pierre the Chef contracted to cook for a large dinner party at Ms. Hanrahan's estate. Unfortunately, the day before he was supposed to perform the catering, he was pulled over and arrested for drinking too much cooking sherry and driving. Since he was in jail, the job had to be canceled. What type of breach occurred?

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Question 6 6. Marcia bought a new sportscar. Her monthly payments are $550 per month. When Marcia signed the contract, she had a good job and was able to make her payments. A few months later, she was terminated and could no longer satisfy the car loan. She talked to her sister, Patricia, who agreed to assume the payments. Both ladies went to the car dealer to change the terms. What type of discharge occurred?

Question 7 7. Jack hired Matt to shovel snow from his driveway. Once Matt completed the work and is paid by Jack, what happens to the contract?

Question 8 8. The reason for compensatory damage is to _____.

Question 9 9. Stern wanted some quick cash so he removed the real diamond from his wife's engagement ring, replaced it with a fake diamond, and posted the ring for sale on an popular online marketplace. He received an offer and sold the ring to Damon. Damon took the ring to be appraised and found out he'd been duped. What might the judge do?

Question 10 10. Economic duress is most closely associated with which type of law?

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Question 11 11. Peggy was hired to paint a mural of Diane's beloved dog. Peggy sprained her painting arm on the day before the start date. After agreeing on a new date, the parties went forward with their plan. What type of breach occurred?

Question 12 12. Harry and Joe were hanging around the bar when Harry proposed that Joe buy his boat for $500. Harry jumped at the chance to make the deal and paid him on the spot. Joe legally owned the boat, both are adults and nothing illegal was written into the contract. Joe delivered the boat three days later. The next week, Harry had regrets. What can Harry do?

Question 13 13. Simone was walking down the street when suddenly her heel became lodged in a sidewalk crack. She fell and broke her leg, but a man rushed over and quickly tied a tree limb to her leg and began treating an open cut. He then wrote her a bill for $150.00 for serviced rendered. What type of contract allows for this?

Question 14 14. Which of the following is NOT a reason a contract can be discharged?

Question 15 15. Solomon was hired as a salesperson at ABC Sales Inc. Never looking at the contract, he thought it stated that he should receive 30% commission on all bird feeders he sells. In reality, it stated 20% commission. He approached his boss to find out why they breached his contract and the boss offered to re-write the contract to reflect 30% commission. Which equitable remedy is being applied to the above scenario?

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Question 16 16. Burt hired Jackson to remodel his bathroom. Jackson showed up for the first two days, and then Burt never saw him again. Unfortunately, Burt had already paid Jackson for the job. What will a court most likely do?

Question 17 17. The elements of economic duress include:

Question 18 18. Identify the statement that is true to Blue Laws.

Question 19 19. Trevor took a job at an aeronautical company. This is the only company with the formula to build shuttles to Mars. Trevor will learn the trade secret when he starts the job. What will the company put in his employment contract?

Question 20 20. At least how many different elements must be proved in order to claim that a contract was entered into under economic duress?

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Question 21 21. Libby wanted to create a lottery to make money on some of her vintage clothing. Can she do this if her State does not allow gambling?

Question 22 22.

Sonny needed a quick few bucks to take his girlfriend out for a shake and fries. Since Sonny doesn't work, he sometimes takes a few oranges from the groves on the side of the highway and sell them to small grocery stores.

One of the stores asked Sonny for a large quantity of oranges. Sonny drafted a contract for the sale of 10 bags of oranges in exchange for fifty dollars. What can the grocery store owner do if he finds out that Sonny is selling stolen oranges?

Question 23 23. Bubba is the BBQ King of the Community. He recently purchased a smoker and leased a piece of land in the community to smoke his world famous ribs. The landlord had no idea what Bubba planned for the space and neighbors began complaining about smoke coming through their windows and doors. The landlord asked Bubba to stop smoking meats to which Bubba refused. The landlord took Bubba to court to get _____.

Question 24 24. Sheila invited several of her friends to join her for the weekend at a secluded cabin in the woods. To get to the cabin the easiest way, guests must pass across a rope bridge spanning three miles. It's a scary bridge, but it is the quickest and cheapest way to get to the cabin. The only other way is a private plane that costs several hundred dollars per passenger. On the day, Sheila's friends arrived, they noticed a few frayed rope pieces hanging over the sides. They were pretty scared to take the chance. They called the cabin manager to let him know that it was dangerous to pass over the rope bridge and they could not afford the flight. What can they use to get out of the contract for the cabin?

Question 25 25. Sally wanted to furnish her bedroom. She resorted to an online seller and called about a table and chairs. The price was right and it was in her neighborhood. After making the purchase, her Mom freaked out and called the seller to inform him that Sally is actually seventeen and was unable to enter into a contract until next week on her eighteenth birthday. The seller refused to give her money back. What is likely to happen?

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Question 26 26.

Kilwin was eager to get his house painted. He contacted Murphy, from whom he received a quote. After accepting the quote, a contract was drafted and signed but Murphy never started the job. In the meantime, Kilwin contracted with another painter.

Does Murphy have a case?

Question 27 27. Economic duress occurs when:

Question 28 28. Melba contracted Fiona's Fencing Company to have a fence installed. When Fiona arrived to start the digging, she realized that the job was much tougher than she expected because the fence needed to be installed into rock, not dirt and decided to stop the work. Melba took Fiona to court. If you are the judge on the case, what will you most likely order?

Question 29 29. Billy and Marvin entered into a contract for the sale of Marvin's car. Billy signed on the dotted line and drove away. Marvin's mother called Billy the very next day to demand the return of the vehicle. She stated that Marvin was only 16 years old and had no legal right to sell the car. What type of discharge will occur?

Question 30 30.

Penelope saved all of her money so she could have a tummy tuck and a nose job. She signed a contract with Dr. Shapiro and paid him in full and the operation scheduled in a week. In the meantime, Dr. Shapiro had an unforeseen accident in his ceramics class. He burned his hands while taking a vase he created out of the kiln. Unfortunately, he will never be able to perform surgery again.

What can Dr. Shapiro do to get out of the contract with Penelope?

Contracts: Discharge of Contracts: Tutoring Solution Chapter Exam Instructions

Choose your answers to the questions and click 'Next' to see the next question. You can skip questions if you would like and come back to them later with the "Go To First Skipped Question" button. When you have completed the practice exam, a green submit button will appear. Click it to see your results. You will lose your work if you close or refresh this page. Good luck!

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