Final Exam

A  Crunchy

B  yStar

C  Low-fat

D  Chunky

A  a parody

B  a knock off

C  a mockarama

D  a link

A  Beth has not made a valid, binding gift of the flag because the donor must deliver the property to the donee, which was not done here.

B  Beth has made a valid, binding gift because she intended to transfer present ownership to Ross and Ross accepted the flag.

C  Beth has not made a valid, binding gift of the flag because gifts are never binding and can always be revoked by the donor.

D  Beth has made a valid, binding gift if Beth agreed to give the flag in exchange for Ross’s legal services.

A  The furnace is a fixture, but the washer and dryer are not.

B  The washer and dryer are fixtures, but the furnace is not.

C  The washer, dryer, and furnace are all fixtures.

D  The furnace and the washer are fixtures, but the dryer is not.

A  the mark is valid nationally

B  it allows the trademark owner to use the TM symbol to put others on notice of the protection

C  Potential damages are higher

D  All of the above

A  The law would enforce this valid, enforceable contract.

B  Shelly would win as this is a unilateral contract.

C  Jane would win as this is a voidable contract.

D  The law would not enforce this contract

A  Fred would win, as family members cannot sue each other for breach of an oral promise.

B  Patty may win under the doctrine of promissory estoppel.

C  Patty would win, as a contract was formed when Fred promised to pay her the support.

D  Fred would win, as he did not ask Patty to quit her job.

A  Mary’s offer is a firm offer. Carl has an exclusive right to consider her offer for a reasonable period of time.

B  Neither offer is valid. Who would ever pay $1,000 or $1,500 for a beer can collection?

C  If Carl rejects Mary’s counteroffer, she can still accept Carl’s offer of $1,500.

D  Mary’s counteroffer terminates Carl’s offer of $1,500.

A  enforceable because the agreement accomplishes Ben’s goal of keeping Becky from drinking.

B  not enforceable because Becky does not have a legal right to drink alcohol.

C  not enforceable because Becky is a minor and could disaffirm the contract.

D  enforceable because Becky is giving up the right to do something she would otherwise be entitled to do.

A  the Statute of Frauds applies.

B  the contract has been fully performed by both parties.

C  the written agreement is a full and final expression of the parties’ agreement.

D  the contract was a full and final oral explanation of the parties’ agreement.

A  Jane can still accept the offer. She will be entitled to the insurance proceeds.

B  Jane can still accept the offer and John must find a 1955 Thunderbird to sell.

C  Dick can still revoke his offer so long as he does so before Jane accepts.

D  The offer is terminated and Jane can no longer accept.

A  if they have a co-signer

B  If they promise that they won’t disaffirm.

C  if they are the age of minority

D  when it provides them with necessities.

A  Consideration

B  Performance

C  Legality

D  Offer

A  Judicial Branch

B  Legislative Branch

C  Executive Branch

D  Administrative Agencies

A  This is substantial performance because Charles actually laid all of the carpet. Jackie must still pay something to Charles.

B  This is a material breach. Jackie must still pay something to Charles.

C  This is substantial performance. Jackie owes nothing to Charles.

D  This is a material breach. Jackie owes nothing to Charles.

A  return the goods within two weeks of their delivery with a note attached saying she will not pay for the goods.

B  call the seller and object to the confirmation as soon as she gets back from her two-week vacation.

C  ignore the confirmation

D  object to the confirmation in writing within 10 days.

A  Walter will win, as the promise is enforceable.

B  Walter will lose, as he gave no consideration.

C  Walter will win, as no consideration is required to modify an employment contract.

D  Walter will lose unless the promise was in writing.

A  a unilateral contract.

B  an unliquidated offer.

C  a conditional offer.

D  an illusory promise.

A  A toy manufacturer contracted to sell dolls valued at $10,000 to a department store.

B  Tobias Department Store contracted to sell Jenny a $400 doll.

C  A $5,000 deposit paid to a licensed contractor for two weeks’ worth of home renovations.

D  Jeremy, a full-time student, sold his snow blower to a friend for $450.

A  Michael made an invitation to bargain but not an offer.

B  Michael made offer and Sarah accepted the offer.

C  Michael made an offer but Sarah did not accept because of the Mirror Image Rule.

D  The offer is not valid because it was not accepted in writing.

A  contributory negligence

B  strict liability

C  knowledge to a substantial certainty

D  Res ipsa loquitur

A  If Wilde’s agrees to accept less than the full amount as full payment, the agreement is not binding.

B  If the parties agree to settle for less than the full amount, there is no consideration to make the agreement enforceable.

C  If Wilde’s agrees to accept less than the full amount, the agreement is only binding if it is in writing and signed by Bernie.

D  The disputed amount is also known as an unliquidated amount.

A  burglary

B  conversion

C  trespass

D  stealing

A  Jim is liable to Diane for defamation only if she is a public figure.

B  Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane’s prison history.

C  Jim is not liable to Diane for defamation.

D  Jim is liable to Diane for defamation.

A  TRUE

B  FALSE

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  FALSE

B  TRUE

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  TRUE

B  FALSE

A  TRUE

B  FALSE

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  TRUE

B  FALSE

A  FALSE

B  TRUE

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  FALSE

B  TRUE

A  TRUE

B  FALSE