合同相關(guān)題庫.doc

True of false1. A contract is created when an offer is communicated. (F)2. A contract is created when an offer is accepted. (T)3. The law does not require parties of contract to be fair, or kind. (T) 4. Law requires that parties of contract shall share gains and losses equitably. (F)5. Contract arise out of agreements, so a contract may be defined as an agreement creating an obligation. T6. A contract is the performance of which the law in some way recognizes as a obligation. T7. A contract has six elements, includes an agreement, supported by consideration, between any parties. F8. Parties to a contract may be decribed generally as promisor or obligor and promise or obligee. T9. An offer and an acceptance are necessary part of an agreement. T10. The law also protects some contracts that parties to be unfair ,or unkind, or unreasonable. T11. A contract under seal is binding at common law solely because of its formality, T12. A contract of record is an agreement or obligation that has been recorded by a written promise. F13. Informal contracts include oral or written contracts. T14. In terms of effect, an implied contract is the same as an express contract, T15. All contracts other than formal contracts are informal or simple T16. Quasi contract are implied to prevent unjust enrichment when there is no contract. T17. An implied contract cannot arise when there is an existing express contract on the same subject. T18. Only formal contracts are enforceable. F19. Simple contracts may be classified as express or implied contract according to the way they are created T20. Quasi contracts are obligations imposed by law.21. Contracts can be voided because of illegality. T22. Offeree has no choice to accept or reject F23. At an auction sale, the statements made by the auctioneer to draw forth bids are merely invitations to negotiate. T24. A bid at an auction is an offer. T25. A bidder at an auction sale may withdraw the bid at any time before it is accepted by the auctioneer.26. An invitation to negotiate is not an offer but seeks an offer. T27. In US, the rule that a properly mailed acceptance takes effect at the time it is mailed is applied strictly. T28. An option contract is a binding promise to keep an offer open for a stated period of time. T29. Only the acceptance made by offeree creates a contract that binds both parties. T30. There must be both an offer and an acceptance for any contract to be valid. T31. Firm offers are offers that can be revoked. F32. An offer can be revoked by the offeror before it is accepted. T33. A revocation of an offer is not effective until it is made known to the offeree. T34. A acceptance of an offer is not effective until it is made known to the offeror. F35. A party making a firm offer may be barred from revoking it. T36. Acceptance of an offer creates a contract that binds both parties T37. In US, keeping unordered mailed goods and tickets is an acceptance F38. An offer is terminated after the lapse of a reasonable time T39. Freedom of the offeree may be limited by antidiscrimination and consumer protection laws. T40. Silence cannot be an acceptance anyway. F41. Communication of acceptance is not required for a bilateral contract F42. Communication of acceptance is vital for a unilateral contract F43. Mailbox rule means offeree hands the acceptance letter to the offerees mail clerk. F44. Telephone acceptance is effective when and where spoken. T45. Contractual Capacity is the ability to understand that a contract is made and its general meaning. T46. A minor can avoid contracts when reaches majority T47. An avoiding minor must restore the status quo ante.F48. An avoiding minor must restore whatever remains from a contract. T49. A minor avoiding a contract for necessaries must pay for reasonable benefit received. T50. A parent is ordinarily liable for a minors contract. F51. A contract of an incompetent is generally void. F52. An incompetents contract is voidable if the incompetent has a guardian. F 53. An unilateral mistake usually void the contract. F54. Mutual mistake generally does not affect a contract F55. Knowledge of falsity or reckless indifference to truth is essential to fraud T56. Nondisclosure constituting concealment is fraud T57. Ordinarily there is no liability for failing to disclose information not requested. T58. Statement of intention or a promise to the future is generally not fraud.59. A misstatement of opinion or value is generally regarded as fraudulent. F60. A misstatement of law is not a fraud. T61. Undue influence is likely where a confidential relationship exists. T62. A voidable contract may not be rescinded. F63. The right to assert a remedy is lost if the aggrieved delays unreasonably in acting . T64. The right to assert a remedy is lost if the aggrieved ratifies the contract by express declaration or by accepting benefits under it T65. Breach of Contract is not a crime ,but is a kind of tort. F66. If the waiver erases the past breach of a contract, he can revive the reservation right. F 67. No action or delay of action are main wavier of breach of a contract. T68. A reservation of rights bars waiver. T69. When a party has broken a contract, the injured party is obligated to mitigate the damages if reasonably possible. T70. Punitive damages normally will not be awarded for merely breach of contract. T71. Measure damages normally will not be awarded for merely breach of contract. F72. Direct damages limited to those are actually caused by breach of the contract.73. The liquidated damages clause is valid when actual damages are not determinable and the specified amount is not excessive. T74. Consequential damages are limited to those can be contemplated at the time they entered the contract. T75. Repeated breaches and waivers may imply parties agreed to the “modification of contract” T76. A contract may be rescinded for material breach. T77. A party may obtain the equitable remedy of specific performance when the other party breaches the contract. F78. Consideration is what a promisor demands and receives as the price for the promise. T79. The absence of Consideration prevents enforcing a promise T80. The absence of Consideration makes the agreement illegal FPart 2 multiple choices1 Which of the followings not the one of the elements of a contract?A an agreement B supported by consideration C a set of promises D in the form required by lawC2 what is an agreement that is binding and enforceable?A valid contract B voidable contract C void agreement D executory contractA3. A contract is a legally binding agreement. Which one in the following elements of contract is NOT proper? A. Between competent parties B. An agreement C. Supported by consideration D. Made for an objectiveD4 Which of the following statements about an offer are correct?a. An offer may or may not have the intent to make a contract.b. An invitation to negotiate is not an offer.c. A statement of intention is an offer.d. An offer must be communicated to offeree, otherwise, it is not an offer.e. Offer is legally bound. (b, d.)5 A good contract must:f. Be definite.g. Have no ambiguity.h. Be signed by authorized parties.i. Be fair.j. Have termination clauses.(a, b, c, e.)6 When breach of contract happened, we k. Are in trouble if the contract was not well done.l. May do nothing, just wait for the contract to expire.m. Will hope we have completely defined resolution clauses in the contract so we dont have to go to court.n. May hold other party responsible for the damages.o. Dont have to prove the value of the damage, if we have specified it in the contract. (a, b, c, d, e.)7. Contracts may be classified as ( )a. valid contracts, b. voidable contractsc. voidable agreementsd. void agreements.e. void contractsa b d8. An offer is terminated whena) Rejection of offer by offereeb) Lapse of timec) Silence of offereed) Death or disability of either partye) Revocation of offer by offerorA b d eAnswer the following questions:1. Identify the contract and list the essential elements of a contract.2. Compare valid contracts, voidable contracts and void agreement3. List all ways an offer is terminated; 4. Compare offers, firm offers, and option contracts5. State the extent and effect of avoidance of a contract by a minor;6. Distinguish between innocent misrepresentation, fraud, and nondisclosure;7. State when liquidated damages clauses are valid;8. List and define the kinds of damages that may be recovered when a contract is broken;案例 P 210 No. 3,9P233 No.3,4,5P257 No. 1,2,5,10P396 No. 2,8,12另外：一 、Henry made a written contract to paint Bettys house for $500. The reasonable value of this work was $1000. Henry made the price low in the hope that Bettys neighbors would have him paint their houses. He painted Bettys house but did not get work from the neighbors. He then sent Betty a bill for $1000 on the ground that an implied contract existed to pay him the reasonable value of his services. Was he entitled to recover $1000? Explain.答案：書本202 頁 express and implied contracts 的概念與區(qū)別二、 Willis Music Co. advertised a television set at 22.5 dollars in the Sunday newspaper. Ehrlich ordered a set, but the price in the newspaper ad was a mistake. Ehrlich sued the company. Was it liable? Why or why not?Answers: No, it is not liable.It is invitation to negotiate, and there is no contract. Also, the offeree is not fixed. The fist statement made by one of two persons is not necessarily an offer. Ordinarily, a seller sending out circulars or catalogs listing price is not regarded as making an offer to sell at those price. Willis Music Co. merely indicates a willingness to consider an offer made by buyer. They can not possibly intend to make a contract with everyone. Advertisement is merely an invitation to negotiate and not an offer that can be accepted by a reader of the paper. The advertisement is not considered as making an offer at the price. When readers order the set, reader become the offer and the company becomes offeree, they have the right to refuse. So the company is not liable.三、 Karan purchased a used truck from a dealer, Bob Post, Inc. In selecting his purchase, he asked whether the odometer reading of 27,000 miles was correct. The salesman did not know whether it was or not assured Karan that it was correc