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Unit 6 Contracts
Test Description: Review of Unit 6 vocabulary and concepts.
Instructions: Answer all questions to get your test result.
1) This act can make a contract unenforeacle (warning - it's not partial performance, even if the software says so)
A
Partial Performance
B
Hardship
C
Fiduciary relationship
D
Duress
2) Three types of duress are
A
Official, codified, and imperfect
B
Curly, Moe, and Larry
C
Economic, physical, and mental
D
Affirmative, implied, and explicit
3) Undue influence usually involves
A
Res ipsa loquitor
B
Overcoming the will through charm
C
Fraud
D
Rules of construction
4) Mental duress commonly falls into what categories?
A
Adoption, trusts, and interlocutory appeals
B
Mutual mistake, fraud, and UCC
C
Formation, consideration, and performance
D
Blackmail, contracts of adhesion, and abuse of process
5) Unilateral mistake...
A
is rarely a reason to avoid contract enforcement
B
is a good idea
C
is never an excuse to avoid a contract
D
is a commonly upheld excuse to avoid a contract
6) Misrepresentation
A
Is identical to fraud except the element of intent to deceive is omitted
B
Excuses active concealment
C
Is only possible in fiduciary relationships
D
Is never actionable
7) The elements of fraud include which of the following?
A
Statement to the judge, material fact, deception, reliance, and harm
B
Statement to other party, about a material fact, intent to deceive, reliance and harm
C
Statement of purpose, material change, malum in se, and harm
D
None of the above
8) Courts will most likely find a unilateral mistake is grounds to avoid a contract when
A
The moon was full
B
The mistake was obviously a typo
C
The consideration was inadequate
D
The defendant was more skilled than the plaintiff
9) The failure to have a meeting of the minds is evidenced by
A
Unilateral mistake, conditional contracts, the Statute of Frauds, incapacity, and specific performance
B
Moral turpitude, mistake, duress, undue influence, and fraud and misrepresentation
C
Mistake, duress, undue influence, fraud and misrepresentation, and unconscionability
D
Mistake, duress, undue influence, UCC contracts, and colorable contracts
10) Mutual mistakes generally relate to
A
the existence of the subject matter, the right to transfer ownership, the identity or quality of the subject matter
B
the right to sue
C
Poor judgment, incapacity, and bad intent
D
Forseeability, jurisprudence, and tort law
*select an answer for all questions
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