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A contract that is prepared on a standardized, pre-printed form is referred to as a boilerplate contract.

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Question 2 of 25
4.0 Points

A contract represents the “meeting of the minds” of the parties to an agreement.

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Question 3 of 25
4.0 Points

Is it true that promissory estoppel can be used as a means of prosecution a cause of action?

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Question 4 of 25
4.0 Points

Contracts for unique talents, abilities, and skills are referred to as:

construction agreements

 

personal services contracts

 
 
 

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Question 5 of 25
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What type of damages are not ordinarily available for a breach of contract?

Compensatory

 
 
 

Punitive

 

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Question 6 of 25
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Question 7 of 25
4.0 Points

Trial courts in the federal system are referred to as United States District Courts.

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Question 8 of 25
4.0 Points

The burden of proof in a civil case is “preponderance of the credible evidence.”

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Question 9 of 25
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Question 10 of 25
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Question 11 of 25
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The concept that two or more parties can agree on anything they want as long as it is legal, and such an enforceable agreement will be upheld by a court is best known as:

 

 Implied contract

 
 
 

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Question 12 of 25
4.0 Points
Which of the following is NOT an element of the contract law formula?Reset Selection
Question 13 of 25
4.0 Points
Advertisements on the Internet, television, or radio are generally held to be:Reset Selection
Question 14 of 25
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When both parties agree that their contractual relationship is simply not working, one of the contract remedies that would clearly end the relationship would be:

 

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Question 15 of 25
4.0 Points
Lost profits which could have been recovered had a breaching party performed as they had promised might be characterized as what type of damages?Reset Selection
Question 16 of 25
4.0 Points

A contract may be defined as:

  a nonbinding promise to act. 

 

a legally binding agreement, or a promise or agreement that may be enforced in court.

 

an agreement that always involves parties who are not family members.

 

an agreement that always involves people over the age of twenty-one. 

 

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Question 17 of 25
4.0 Points

The purpose of compensatory damages in contract law is:

  to provide the non-breaching party with sufficient money to pay for any damages that were actually sustained

 

to severely punish the breaching party.

 

  to provide a huge reward to the breaching party. 

 

  to provide the breaching party with a way to mitigate damages. 

 

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Question 18 of 25
4.0 Points

A forum-selection clause indicates:

  the geographic/physical location for the resolution of any dispute arising under the contract

 

the specific court in which arbitration proceedings will be held.

 

which state’s laws will govern any dispute that arises under the contract. 

 

which nation’s laws will govern any dispute that arises under the contract. 

 

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Question 19 of 25
4.0 Points

Consequential damages are:

damages in a very small amount, usually $1, to show that the defendant acted wrongfully. 

 

  special damages that are caused by circumstances beyond the contract itself but that arise as a direct consequence of the contract’s breach.

 

damages that compensate a party for actual losses directly resulting from the breach. 

 

damages that punish a breaching party.

 

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Question 20 of 25
4.0 Points
When a court is later called upon to determine the existence of a contract or interpret whether “a meeting of the minds” exist (i.e. offer + acceptance), which theory do courts use in their analysis?

 

 Subjective theory of contracts

 
 
 

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Question 21 of 25
4.0 Points
Consider a term used frequently in the legal profession, “cite.” Put a check mark in the box next to its correct meaning.

 

To identify the location of information or a quotation.

 
 
 
Question 22 of 25
4.0 Points

Prue offers to buy a book on Salem witches owned by Phoebe and to pay Phoebe $20 in exchange for the book. Phoebe accepts the offer and delivers the book to Prue. Is there consideration here?

Yes = True
No = Fales

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Question 23 of 25
4.0 Points

Are these statements correct?

Reliance damages put the non-breaching party back in the same position the party was before the contract was made. In effect, the court undoes the contract. It does so by awarding the expenses the non-breacher incurred in reliance on the contract.

Compare consequential/expectation damages.

When the court awards consequential or expectation damages it completes the contract by putting the non-breacher in as good a position as he or she would have been had the contract been performed as promised.

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Question 24 of 25
4.0 Points
Security Stove hired American Express to deliver a new stove to a trade show. American Express failed to deliver a crucial part, the part that was the innovation that made the stove worth showing. We can begin by figuring out Security Stove’s expectation damages. 

If American Express had delivered the stove, Security Stove would have been able to show the stove and as a result would have made some sales in the future (they were not trying to make any sales at the show), and Security Stove would have had to pay the expenses involved in going to the show. As a result of the breach, Security Stove made no sales from the show, but had all the same expenses. Assume the company properly mitigated. 

Under the expectation rule, Security Stove is entitled to enough money to put them in as good a position as they would have been in had American Express delivered the stove.

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Question 25 of 25
4.0 Points
Whenever a contract is breached, the non-breaching party may seek specific performance if they really want the other party to have to perform. 

True or False?

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