Question 1

Tran and Ubie exchange offers and counteroffers via e-mail. These exchanges can constitute a valid contract

Accepted Answer

A)  if the e-mails contain all of the necessary elements of a contract.
B)  unless only the receiving party believes that there is an agreement.
C)  unless the parties believe that the e-mails are only negotiations.
D)  under no circumstances.E) A) and D)
F) A) and C)

Question 2

NONDISCLOSURE AGREEMENTS A court is most likely to enforce a nondisclosure agreement that requires the parties to keep silent about settlements involving sexual harassment if

Accepted Answer

A)  the victim requested the agreement.
B)  the agreement was required as a condition of employment.
C)  the parties signed the agreement as part of the settlement.
D)  under no circumstances.E) A) and B)
F) All of the above A

Question 3

Rural Holdings LLC contracts with Sweetwater Homes to sell real property that, unknown to either party, has groundwater contaminated from adjacent land occupied several decades earlier by Toxic Products Inc. When this is discovered, Rural asserts the doctrine of commercial impracticability. This doctrine applies only when, with respect to an event that renders performance impossible, at the time the contract was formed the parties

Accepted Answer

A)  could not have reasonably foreseen the supervening event.
B)  could have reasonably foreseen the supervening event.
C)  should have foreseen the supervening event, reasonable or not.
D)  should not have foreseen any supervening events.E) B) and C)
F) A) and B)

Question 4

A court is most likely to enforce a nondisclosure agreement that

Accepted Answer

A)  requires the parties to keep silent about illegal activities.
B)  has no time or geographical limitations.
C)  has a problem with contractual capacity.
D)  none of the choices.E) C) and D)
F) A) and D)

Question 5

Citrus Orchard contracts to deliver a crop of oranges to Dairy Mart. An unexpected freeze destroys the oranges in the orchard. Dairy insists that Citrus deliver by acquiring the oranges on the open market. Citrus claims that this is prohibitively expensive. The best argument against enforcing the contract is

Accepted Answer

A)  frustration of purpose.
B)  objective impossibility of performance.
C)  anticipatory repudiation.
D)  commercial impracticability.E) None of the above
F) A) and B)

Question 6

Rolf pretends to be "Svetlana" online, fooling Tor into believing that Svetlana is his friend. When Tor learns the truth, he is embarrassed and feels humiliated. But he cannot recover damages because he cannot prove an actual injury, which is a requirement for recovery in these circumstances on the ground of

Accepted Answer

A)  mistake.
B)  fraudulent misrepresentation.
C)  undue influence.
D)  unconscionability.E) None of the above
F) A) and B)

Question 7

Shu Ltd. and Tech Inc. negotiate a joint venture to do business in Asia. The parties anticipate sharing intellectual property, including trade secrets, as part of the deal. To keep the information confidential, the parties should enter into a nondisclosure agreement that is

Accepted Answer

A)  bilateral.
B)  multilateral.
C)  unilateral.
D)  all of the choices.E) B) and D)
F) B) and C)

Question 8

Data Company wants to prohibit its employees from disclosing the firm's proprietary information except in the course of their employment and for the employer's benefit. Data could attain this result with

Accepted Answer

A)  a unilateral nondisclosure agreement.
B)  a multilateral settlement agreement.
C)  a bilateral consortium agreement.
D)  none of the choices.E) None of the above
F) C) and D)

Question 9

Event Marketing LLC and Family Restaurant Inc. engage in an instant-messaging conversation while discussing an existing contract. Event suggests a modification-an increase in fees. Family asks about an increase in service. Event replies, "No limits!" Family responds, "Great!" As a modification of the parties' contract, this chat is most likely

Accepted Answer

A)  enforceable.
B)  not enforceable because any indication of an agreement is "accidental."
C)  not enforceable because it is an instant-messaging conversation.
D)  not enforceable because the language is relatively "careless."E) A) and B)
F) None of the above A

Question 10

Foo pretends to be "Ghee" online, fooling Haruo into believing that Ghee is his friend. Haruo can recover damages from Foo for the hoax on the ground of fraudulent misrepresentation if

Accepted Answer

A)  Haruo can prove an actual injury.
B)  Ghee is not in fact a "real" person but a totally fake persona.
C)  Foo and Haruo's online relationship is "purely personal."
D)  Haruo sent gifts to "Ghee" totaling at least $10,000.E) A) and C)
F) B) and C) C

Exam 51: Contracts and E Contracts

Tran and Ubie exchange offers and counteroffers via e-mail. These exchanges can constitute a valid contract

Correct Answer
verified

NONDISCLOSURE AGREEMENTS A court is most likely to enforce a nondisclosure agreement that requires the parties to keep silent about settlements involving sexual harassment if

Correct Answer
verified
A

Correct Answer
verified

A court is most likely to enforce a nondisclosure agreement that

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Shu Ltd. and Tech Inc. negotiate a joint venture to do business in Asia. The parties anticipate sharing intellectual property, including trade secrets, as part of the deal. To keep the information confidential, the parties should enter into a nondisclosure agreement that is

Correct Answer
verified

Data Company wants to prohibit its employees from disclosing the firm's proprietary information except in the course of their employment and for the employer's benefit. Data could attain this result with

Correct Answer
verified

Correct Answer
verified
A

Foo pretends to be "Ghee" online, fooling Haruo into believing that Ghee is his friend. Haruo can recover damages from Foo for the hoax on the ground of fraudulent misrepresentation if

Correct Answer
verified
C

Exam 51: Contracts and E Contracts

Tran and Ubie exchange offers and counteroffers via e-mail. These exchanges can constitute a valid contract

Correct AnswerverifiedShow Answer

NONDISCLOSURE AGREEMENTS A court is most likely to enforce a nondisclosure agreement that requires the parties to keep silent about settlements involving sexual harassment if

Correct AnswerverifiedA

Correct AnswerverifiedShow Answer

A court is most likely to enforce a nondisclosure agreement that

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Shu Ltd. and Tech Inc. negotiate a joint venture to do business in Asia. The parties anticipate sharing intellectual property, including trade secrets, as part of the deal. To keep the information confidential, the parties should enter into a nondisclosure agreement that is

Correct AnswerverifiedShow Answer

Data Company wants to prohibit its employees from disclosing the firm's proprietary information except in the course of their employment and for the employer's benefit. Data could attain this result with

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

Foo pretends to be "Ghee" online, fooling Haruo into believing that Ghee is his friend. Haruo can recover damages from Foo for the hoax on the ground of fraudulent misrepresentation if

Correct AnswerverifiedC

Correct Answer
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Correct Answer
verified
A

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Correct Answer
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A

Correct Answer
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C