Chapter 13 Homework

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Question #1

Dave’s uncle tells Dave that if “he feels that Dave deserves it,” he will give Dave $10,000 when Dave graduates from college. Dave’s uncle’s promise is

A a preexisting duty.

B a forbearance.

C illusory.

D a contract.

Question #2

Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the “cost of doing business.” Bucolic agrees but later refuses to pay. Their agreement is

A unenforceable because Agro’s performance was a preexisting duty.

B unenforceable because Bucolic’s promise was illusory.

C enforceable.

D unenforceable because its performance is unforeseeably difficult.

Question #3

Genovese Contracting, Inc., agrees to build a warehouse for Hawthorne Wholesale Distributors. When Genovese runs into the types of difficulties that contractors ordinarily confront, Hawthorne agrees to pay extra compensation to overcome them. Regarding the agreement to pay more, a court would likely

A rescind it.

B order the parties to renegotiate it.

C not enforce it.

D enforce it.

Question #4

While sailboarding, Jolene is injured when Kilroy carelessly crosses her path. Kilroy’s insurance company offers Jolene $50,000 to release Kilroy from liability, and she accepts. Later, she learns that her injuries are more serious than she realized. The release is

A unenforceable because Kilroy has a preexisting duty to pay.

B enforceable.

C unenforceable because the release is an illusory promise.

D unenforceable because Jolene’s injuries are unforeseeably difficult.

Question #5

Quik Downtown Delivery contracts with Rico’s Tacos to deliver its products. Both parties change their minds, however, and inform each other that they would like to cancel the contract.
Refer to Fact Pattern 13-B1. The next day, Quik again offers to deliver Rico’s products. Rico’s is willing to deal, but for a new price. Quik and Rico’s

A may agree to a new contract that includes the new price.

B must perform their original contract.

C must perform the part of their original contract that is executory.

D may agree to a new contract, but it cannot include a new price.

Question #6

Rudy files a suit against Shakes & Shingles, Roofing Contractor, Inc., under the doctrine of promissory estoppel. Rudy must show that

A he justifiably relied on Shakes & Shingles’ promise to his detriment.

B he justifiably refused to fulfill a promise to Shakes & Shingles.

C Shakes & Shingles justifiably relied on his promise to its detriment.

D Shakes & Shingles justifiably refused to fulfill a promise to him.

Question #7

Henry promises not to open his Hank’s Lunchbox Café before 10:00 A.M. if Isis, who owns Isis’s Danish & Donuts next door, promises to close by 4:00 P.M. Henry’s consideration is

A the creation of a legal relationship.

B an exchange of money.

C a forbearance.

D the destruction of a legal relationship.

Question #8

Esmeralda promises to pay Fiorello $400 because “he does not have as much money as other people.” Esmeralda’s promise is not enforceable because

A the redistribution of wealth on a one-to-one basis is not a valid social goal.

B Esmeralda could have paid more.

C society does not want gifts cheapened by making them legally enforceable.

D Fiorello has not given consideration in return.

Question #9

Quentin questions whether there is consideration for his contract with Rainey to exchange his performance with the Symphonic Saxophone Sextet for her payment of a certain amount. To constitute consideration, there must be

A a bargained-for exchange.

B a performance.

C serious thought underlying each party’s intent to contract.

D a payment.

Question #10

Apples & Pears Orchards contracts to hire Brigit for one year to tend the fruit in its commercial orchards but reserves the right to cancel the employment on thirty days’ notice at any time after Brigit begins work. This promise is

A unliquidated.

B enforceable.

C unforeseen.

D illusory.

Question #11

Valley Paragliders Association files a suit against Wing Designers, Inc., claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if

A there is a large disparity in the amount of consideration exchanged.

B the consideration is worth less than $100.

C something of value passed between the parties.

D the consideration involves the performance of services.

Question #12

Gustaf and Hilltop Country Club disagree as to the exact amount Hilltop owes Gustaf for his landscaping work. They form a new agreement that, on fulfillment, will discharge the prior obligation. This is

A an accord and satisfaction.

B a covenant not to sue.

C a release.

D promissory estoppel.

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