A written memorandum evidencing an oral contract

Question

Question 1.1.(TCO 4) Jeffrey became a victim of fraud when he entered a pyramid scheme which turned out to be a scam. In order to claim damages, Jeffrey has to prove which of the following? (Points : 2)

Misrepresentation

Motive of the fraudster

Economic injury

Involvement in the pyramid scheme

Question 2.2.(TCO 4) Uri and Vicky orally agree on the sale of Uri's Nite Club to Vicky and note terms on a pair of the Club's napkins, which they both sign. A written memorandum evidencing an oral contract that would otherwise be unenforceable must contain _____ (Points : 2)

every term.

the essential terms.

the preliminary terms.

the qualitative terms.

Question 3.3.(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 4.4.(TCO 4) Heather chooses to buy a scarf at Macy’s and reads the price on the tag as $50. She uses her credit card to pay for the scarf, but post-purchase, she notices that the price tag actually says $500. This is an instance of a(n) _____. (Points : 2)

bilateral mistake

mutual mistake of value

innocent misrepresentation

unilateral mistake

Question 5.5.(TCO 4) John buys a watch for $100 at a vintage store. Later, the store learns that the watch was worn by Sean Connery in a James Bond movie and wishes to rescind the sales contract they have with John. Which of the following statements is true in this regard? (Points : 2)

The store can rescind the contract immediately and refund $100 to John.

The store can recover from John the difference between the value of the watch and the amount paid by John.
The store can declare the contract void and pay John no money.

The store cannot rescind or void the contract.

Question 6.6.(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.

Question 7.7.(TCO 4) Handy Hardware Store agrees to hire Ilsa for one year at a salary of $500 per week. When Handy cancels the contract, Ilsa spends $100 to obtain a similar job that pays $450 per week for a year. Ilsa is entitled to recover _____ (Points : 2)

the amount of the wages that Handy promised only.

the difference between the wages at the two jobs only.

the difference between the wages at the two jobs plus $100.

$100 only.

Question 8.8.(TCO 4) Blue Rorschach Inc. has an immediate requirement for 80 laptops and contracts with Zenzo Electronics 80 Dell laptops at $550 each. But Zenzo Electronics breaches the contract and fails to deliver the laptops. Blue Rorschach then immediately contracts Dell Computers, buys 100 laptops at $600 per laptop, and then sues Zenzo Electronics for the breach of contract.
What is the amount of legal damages that Blue Rorschach can recover from Zenzo because of the breach of contract? (Points : 2)

$4,400

$5,000

$4,000

$44,000

Question 9.9.(TCO 4) Damages that will be paid upon a breach of contract, but that are established in advance are known as ______. (Points : 2)

capture

replevy

installment damages

liquidated damages

Question 10.10.(TCO 4) Mikayla enters into a contract with Logan to provide surface material for Mikayla's tennis courts by April 1 for a tournament to begin May 1. The contract specifies an amount to be paid if the contract is breached. This is a liquidated damages clause if the amount is _____ (Points : 2)

an excessive estimate of the loss on a breach.

a reasonable estimate of the loss on a breach.

designed to penalize the breaching party.

intended to quickly provide cash to the non-breaching party.