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University of Phoenix *
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Course
321T
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
15
Uploaded by MegaBoulder11491
1.
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
________ damages are those which cover future losses which are likely to result from one party’s insufficient performance.
o
Consequential
o
Punitive
o
Compensatory
o
Nominal
FEEDBACK
3 / 3 (100.0%)
2.
For the scenario, determine if the contractual agreement is valid and what is "at play" related to agreement between parties.
Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window”
in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window.
o
Valid
o
Not valid - Undue influence
o
Not valid - Duress
o
Not valid - Fraud in the execution
FEEDBACK
3 / 3 (100.0%)
3.
What is the most likely status of the contract for the scenario?
Jena has contracted with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car, ruining it. The contract is most likely ________.
o
Voidable
o
Enforceable
o
Void
FEEDBACK
3 / 3 (100.0%)
4.
Which of the following would NOT qualify as valid consideration?
o
Spencer and Linda sign a contract where Linda buys all her lumber from Spencer as he wants.
o
Laura buys $100 worth of clothes from Martha on credit.
o
Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.
o
Bill rents an apartment from his landlord.
FEEDBACK
3 / 3 (100.0%)
5.
Hannah has a contract dispute with Ralph over a sale of goods. Hannah wants to submit the contracts she has made with her other customers as evidence of her fair dealings. Which of the following is true?
o
Hannah’s other contracts are valid evidence to help explain her contract with Ralp
o
Hannah can use her other contracts to explain her contract with Ralph if they have
o
Hannah cannot use other contracts to explain the terms of her contract with Ralph.
o
Hannah cannot use other contracts to explain the terms of her contract with Ralph practice that is also consistent with Ralph’s contract.
FEEDBACK
3 / 3 (100.0%)
6.
For the scenario, determine if the contractual agreement is valid and what is "at play" related to agreement between parties.
Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.
o
Not valid - Undue influence
o
Not valid - Fraud in the execution
o
Valid
o
Not valid - Duress
FEEDBACK
3 / 3 (100.0%)
7.
Match the status/existence of a contract with the scenario.
Jackie makes a post on Facebook saying she promises to pay $20 to whoever will come pull weeds in her garden. The next day, a stranger pulls Jackie’s weeds and demands $20. Which of the following is most likely true?
o
Contract not created
o
Contract created
o
Insufficient information to determine
FEEDBACK
0 / 3 (0.0%)
See sections 6.2, Fundamentals of American Contract Law, and 6.3, Agreement.
8.
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Penn contracts with Lisa to do a landscape architecture project on Lisa’s property. Before the contract starts, a local city ordinance is instituted which severely limits citizens’ ability to plant certain types and numbers of plants in order to conserve water.
Penn and Lisa now need to institute a(n) __________.
o
Novation
o
Accord and satisfaction
o
Force majeure renovation
o
Substitution
FEEDBACK
3 / 3 (100.0%)
9.
Based on the details of the scenario, determine what will most likely occur.
Jillian and Chase are making a contract in which Jillian ships beaver pelts to Chase, who then makes the pelts into hats to sell. A year into their contract, it becomes illegal to buy or sell beaver pelts in the U.S.
o
Contract will be modified
o
Contract is voided
o
Contract is voided, subject to investigation
o
Contract is valid
FEEDBACK
3 / 3 (100.0%)
10. What is the most likely status of the contract for the scenario?
Laura, a 17-year-old, signs a contract with her neighbor to buy a car through monthly payments. Laura loses her job the next week and can no longer make the payments. Laura’s contract with her neighbor is most likely:
o
Void
o
Enforceable
o
Voidable
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FEEDBACK
3 / 3 (100.0%)
11. Read the scenario and determine what needs to take place based on the resolutions described in the text.
Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.
o
Novation
o
Accord and satisfaction
o
Substitution
o
Force majeure renovation
FEEDBACK
3 / 3 (100.0%)
12. For the scenario, determine if the contractual agreement is valid and what is "at play" related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
o
Valid
o
Not valid - Duress
o
Not valid - Fraud in the execution
o
Not valid - Undue influence
FEEDBACK
3 / 3 (100.0%)
13. Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the
landscaping project. The parties now need a(n) __________.
o
Accord and satisfaction
o
Novation
o
Substitution
o
Force majeure renovation
FEEDBACK
3 / 3 (100.0%)
14. Based on the scenario, what is the classification of the tenancy?
Darla moves into one of Bret’s spare rental units while Bret is away on vacation. Bret doesn’t even notice Darla’s presence until several months later. Darla’s tenancy is best classified as ________.
o
Tenancy at sufferance
o
Tenancy for years
o
Periodic tenancy
o
Tenancy at will
FEEDBACK
3 / 3 (100.0%)
15. Based on the scenario, what is the classification of the tenancy?
Alec pays Travis to rent office space for one year, after which he will move out. Alec’s tenancy is best described as ________.
o
Tenancy for years
o
Tenancy at sufferance
o
Tenancy at will
o
Periodic tenancy
FEEDBACK
3 / 3 (100.0%)
16. Which of the following would most likely be considered fair use?
o
Copying a poem by an amateur poet and publishing it as your own in a poetry con
o
Making photocopies of an artist’s canvas and selling them
o
Showing a clip of a new movie to draw audiences to come watch the movie in thea
o
Copying the blueprints for a stylish building to be used for building your own repl
FEEDBACK
3 / 3 (100.0%)
17. Determine the type of property involved for each example.
Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is:
o
Mislaid Property
o
Gift or Inheritance
o
Abandoned Property
FEEDBACK
3 / 3 (100.0%)
18. Does the following pass the "test" of nonobviousness?
A machine that folds shirty perfectly.
o
Passes test
o
Does not pass test
FEEDBACK
3 / 3 (100.0%)
19. Examine the following scenario to determine which of the statements below is true concerning trade secrets.
Matt is a manager for a seafood restaurant with a famous koi dish recipe the restaurant considers to be a trade secret. The restaurant requires all employees to sign a nondisclosure agreement before learning the recipe. When Matt quits the restaurant, he
takes the recipe with him to use at the next restaurant that hires him.
o
The trade secret may be shared with others outside the company.
o
The answer depends on additional details not provided.
o
The company has not sufficiently protected its trade secret.
o
The employee may be subject to fines for revealing a trade secret.
o
No trade secret exists in this scenario.
FEEDBACK
3 / 3 (100.0%)
20. Which of the following shows the correct answer for examples of suggestive trademarks?
o
Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Exa
o
Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Non
o
Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer
o
Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer
FEEDBACK
0 / 3 (0.0%)
See section 7.5, Trademarks.
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21. Does the following pass the "test" of nonobviousness?
A pencil with a pen on the opposite side.
o
Does not pass test
o
Passes test
FEEDBACK
3 / 3 (100.0%)
22. Determine the type of property involved for each example.
Jarvis’ godmother leaves him a family ring in her will when she passes away. The ring is a ________.
o
Abandoned Property
o
Gift or Inheritance
o
Mislaid Property
FEEDBACK
3 / 3 (100.0%)
23. Determine the ownership status for the scenario below.
Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been ________.
o
Fee simple subject to a condition subsequent
o
Indeterminable with the given information
o
Fee simple determinable
o
Fee simple absolute
FEEDBACK
3 / 3 (100.0%)
24. Examine the following scenario to determine which of the statements below is true concerning trade secrets.
Jake’s company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a nondisclosure agreement not to expose the system.
o
The answer is dependent on additional details not provided.
o
The employee may use the trade secret at another company as long as he does not o
No trade secret exists in this scenario.
o
The employee may share the trade secret with others outside the company.
o
The employee may be subject to fines if he were to reveal the trade secret.
FEEDBACK
3 / 3 (100.0%)
25. Which of the following shows the correct answer for examples of fanciful trademarks?
o
Adidas, a shoe company: Non-Example; Staples, an office supply company: Non-E
o
Adidas, a shoe company: Non-Example; Staples, an office supply company: Exam
o
Adidas, a shoe company: Example; Staples, an office supply company: Example
o
Adidas, a shoe company: Example; Staples, an office supply company: Non-Exam
FEEDBACK
3 / 3 (100.0%)
1.
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the
landscaping project. The parties now need a(n) __________.
o
Force majeure renovation
o
Substitution
o
Novation
o
Accord and satisfaction
FEEDBACK
3 / 3 (100.0%)
2.
For the scenario, determine if the contractual agreement is valid and what is "at play" related to agreement between parties.
Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window”
in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window.
o
Not valid - Fraud in the execution
o
Not valid - Undue influence
o
Not valid - Duress
o
Valid
FEEDBACK
3 / 3 (100.0%)
3.
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
________ damages are those which cover future losses which are likely to result from one party’s insufficient performance.
o
Consequential
o
Punitive
o
Compensatory
o
Nominal
FEEDBACK
3 / 3 (100.0%)
4.
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.
o
Force majeure renovation
o
Novation
o
Accord and satisfaction
o
Substitution
FEEDBACK
3 / 3 (100.0%)
5.
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Penn contracts with Lisa to do a landscape architecture project on Lisa’s property. Before the contract starts, a local city ordinance is instituted which severely limits citizens’ ability to plant certain types and numbers of plants in order to conserve water.
Penn and Lisa now need to institute a(n) __________.
o
Accord and satisfaction
o
Substitution
o
Novation
o
Force majeure renovation
FEEDBACK
Your preview ends here
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3 / 3 (100.0%)
6.
Match the status/existence of a contract with the scenario.
Jackie makes a post on Facebook saying she promises to pay $20 to whoever will come pull weeds in her garden. The next day, a stranger pulls Jackie’s weeds and demands $20. Which of the following is most likely true?
o
Contract created
o
Contract not created
o
Insufficient information to determine
FEEDBACK
3 / 3 (100.0%)
7.
Hannah has a contract dispute with Ralph over a sale of goods. Hannah wants to submit the contracts she has made with her other customers as evidence of her fair dealings. Which of the following is true?
o
Hannah can use her other contracts to explain her contract with Ralph if they have
o
Hannah cannot use other contracts to explain the terms of her contract with Ralph.
o
Hannah cannot use other contracts to explain the terms of her contract with Ralph practice that is also consistent with Ralph’s contract.
o
Hannah’s other contracts are valid evidence to help explain her contract with Ralp
FEEDBACK
3 / 3 (100.0%)
8.
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________ damages from the breaching party.
o
Consequential
o
Punitive
o
Nominal
o
Compensatory
FEEDBACK
3 / 3 (100.0%)
9.
What is the most likely status of the contract for the scenario?
Jena has contracted with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car, ruining it. The contract is most likely ________.
o
Enforceable
o
Void
o
Voidable
FEEDBACK
3 / 3 (100.0%)
10. Based on the details of the scenario, determine what will most likely occur.
Lincoln has been taking advantage of Benson through an unfair contract for several years. Eventually, Benson seeks relief and legal freedom from his contract.
o
Contract will be modified
o
Contract is valid as it stands
o
Contract will certainly be voided
o
Contract may be voided subject to investigation
FEEDBACK
3 / 3 (100.0%)
11. Based on the details of the scenario, determine what will most likely occur.
Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court.
o
The contract will be modified.
o
Melinda will be required to fulfill the contract as it stands.
o
Contract will be voided if the other party does not agree to mediation.
o
The court will certainly void the contract.
FEEDBACK
3 / 3 (100.0%)
12. For the scenario, determine if the contractual agreement is valid and what is "at play" related to agreement between parties.
Joy threatens Winston at knifepoint to sign a prenuptial agreement until he complies.
o
Valid
o
Not valid - Duress
o
Not valid - Undue influence
o
Not valid - Fraud in the execution
FEEDBACK
3 / 3 (100.0%)
13. Yolanda and Mack are negotiating a contract deal for sale of goods. Yolanda offers Mack $2 per pound for Mack’s peanuts. Mack wants to sell them for $2.50. Under UCC, what happens when Mack asks for the higher amount, assuming both parties are merchants?
o
Mack cannot make a new offer under UCC—he can only accept or reject Yolanda’
o
Mack’s change of terms is incorporated into the standing deal.
o
Mack’s offer negates the terms of the contract, and a new contract must be drawn u
FEEDBACK
3 / 3 (100.0%)
14. Examine the following scenario to determine which of the statements below is true concerning trade secrets.
Jake’s company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a nondisclosure agreement not to expose the system. o
The employee may be subject to fines if he were to reveal the trade secret.
o
The employee may use the trade secret at another company as long as he does not o
The answer is dependent on additional details not provided.
o
The employee may share the trade secret with others outside the company.
o
No trade secret exists in this scenario.
FEEDBACK
3 / 3 (100.0%)
15. Which of the following would most likely be considered fair use?
o
Making photocopies of an artist’s canvas and selling them
o
Showing a clip of a new movie to draw audiences to come watch the movie in thea
o
Copying the blueprints for a stylish building to be used for building your own repl
o
Copying a poem by an amateur poet and publishing it as your own in a poetry con
FEEDBACK
3 / 3 (100.0%)
16. Based on the scenario, what is the classification of the tenancy?
Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds.
His agreement with Barbara does not have a specified end date. Winston’s tenancy is best classified as ________.
o
Periodic tenancy
o
Tenancy for years
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o
Tenancy at sufferance
o
Tenancy at will
FEEDBACK
3 / 3 (100.0%)
17. Examine the following scenario to determine which of the statements below is true concerning trade secrets.
Lenny, the head chef of an Italian restaurant called La Rustica, has his son Giovanni plant a camera in the kitchen of a competitor in order to learn the competitor’s secret recipe.
o
La Rustica has obtained the trade secret illegally and is not allowed to use it.
o
The answer is dependent on additional details not provided.
o
La Rustic has discovered the trade secret fairly and is allowed to use it.
o
The competitor has not sufficiently protected its trade secret.
o
No trade secret exists in this scenario.
FEEDBACK
3 / 3 (100.0%)
18. Determine the ownership status for the scenario below.
Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been ________.
o
Fee simple subject to a condition subsequent
o
Fee simple determinable
o
Indeterminable with the given information
o
Fee simple absolute
FEEDBACK
3 / 3 (100.0%)
19. Does the following pass the "test" of nonobviousness?
A pencil with a pen on the opposite side.
o
Passes test
o
Does not pass test
FEEDBACK
3 / 3 (100.0%)
20. Determine the ownership status for the scenario below.
Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be ________.
o
Fee simple absolute
o
Fee simple subject to a condition subsequent
o
Fee simple determinable
o
Indeterminable with the given information
FEEDBACK
3 / 3 (100.0%)
21. Examine the following scenario to determine which of the statements below is true concerning trade secrets.
Matt is a manager for a seafood restaurant with a famous koi dish recipe the restaurant considers to be a trade secret. The restaurant requires all employees to sign a nondisclosure agreement before learning the recipe. When Matt quits the restaurant, he
takes the recipe with him to use at the next restaurant that hires him.
o
The trade secret may be shared with others outside the company.
o
The company has not sufficiently protected its trade secret.
o
No trade secret exists in this scenario.
o
The employee may be subject to fines for revealing a trade secret.
o
The answer depends on additional details not provided.
FEEDBACK
3 / 3 (100.0%)
22. Determine the ownership status for the scenario below.
Ewan grants property he owns to his nephew on the condition the nephew renovates the fixtures on the property by the end of the next year. If Ewan’s nephew never finishes the renovations, the property will automatically revert back to Ewan. What type of ownership does Ewan's nephew have?
o
Life estate
o
Fee simple absolute
o
Fee simple determinable
o
Fee simple subject to a condition subsequent
FEEDBACK
3 / 3 (100.0%)
23. Does the following pass the "test" of utility?
A theory for an anti-gravity machine.
o
Does not pass test
o
Passes test
FEEDBACK
3 / 3 (100.0%)
24. Does the following pass the "test" of novelty?
A design for a chair that folds.
o
Does not pass test
o
Passes test
FEEDBACK
3 / 3 (100.0%)
25. Which of the following shows the correct answer for examples of fanciful trademarks?
o
Adidas, a shoe company: Example; Staples, an office supply company: Non-Exam
o
Adidas, a shoe company: Example; Staples, an office supply company: Example
o
Adidas, a shoe company: Non-Example; Staples, an office supply company: Non-E
o
Adidas, a shoe company: Non-Example; Staples, an office supply company: Exam
FEEDBACK
3 / 3 (100.0%)
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