Professional Documents
Culture Documents
Formation of
Traditional and E-Contracts
TRUE/FALSE QUESTIONS
1. Contract law does not distinguish between promises that create only moral
obligations and promises that are legally binding.
1
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2 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
6. An acceptance can impose new conditions or change the terms of the original
offer without rejecting it.
7. An e-contract must meet basic requirements that are different from those
required of a paper contract.
8. An important rule to keep in mind is that the offeree (the buyer) controls the
acceptance and thus the resulting contract.
9. In contract law, the term consideration refers to the serious thought that
underlies a party’s intent to enter into a contract.
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CHAPTER 9: FORMATION OF TRADITIONAL AND E-CONTRACTS 3
12. A promise to do what one already has a legal duty to does not constitute legally
sufficient consideration.
13. A contract entered into by a minor is voidable at the option of either of the
contracting parties.
16. In certain circumstances, bargains are so oppressive that the courts relieve
innocent parties of part or all of their duties.
17. Every state has a statute that stipulates what types of contracts must be in
writing.
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4 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
18. The writing requirement under the Statute of Frauds means that an agreement
must be a formal written contract.
MULTIPLE-CHOICE QUESTIONS
1. Cellphones & Calltime, Inc., makes an offer to Delores to enter into a contract
to work as a salesperson for a certain base salary plus commission for ninety
days subject to a one-year renewal based on her performance. Delores
accepts the offer. A valid contract requires
2. Jonah tells Levi he will give him an Xbox if Levi does Jonah’s chores for a
month. Levi promises to do the chores. Jonah and Levi have formed a
a. a bilateral contract.
b. a formal contract.
c. a unilateral contract.
d. no contract.
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CHAPTER 9: FORMATION OF TRADITIONAL AND E-CONTRACTS 5
3. Following negotiations, Office Park, Inc., enters into an informal contract with
Quality Janitorial Company for custodial services for Office Park’s buildings.
This means that the parties’ contract
4. Bilbo signs a lease agreement for an apartment with Cato, who owns and
manages the Deer Creek Apartments complex. These parties have
a. an express contract.
b. an implied contract.
c. a unilateral contract.
d. no contract.
5. Signe offers to sell Thomas her textbook but conditions the sale on Thomas ac-
cepting the offer by March 1. Signe may revoke the offer
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6 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
6. Mark is creating Nu2U.com, a Web site through which he will enter into
contracts over the Internet. Important terms to include in his offers include
7. Deb buys a song through eSongs, an online music vendor. Before completing
the purchase and downloading the song, Deb must review a provision stating
that she will not make and sell copies of the song and is required to click “I
agree.” This provision is
a. a browse-wrap term.
b. a click-on agreement.
c. a shrink-wrap agreement.
d. none of the choices.
a. a “signature.”
b. a statement of future intent.
c. an assignment.
d. a preliminary negotiation.
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accessible website, in whole or in part.
CHAPTER 9: FORMATION OF TRADITIONAL AND E-CONTRACTS 7
9. Chicken & Egg Farms promises to pay Dex $500 to install a sump pump in its
warehouse. Dex completes the installation. The act of installing the pump
10. 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
11. Esmeralda promises to pay Fiorello $400 because “he does not have as much
money as other people.” Esmeralda’s promise is not enforceable because
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accessible website, in whole or in part.
8 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
a. enforce it.
b. rescind it.
c. order the parties to renegotiate it.
d. not enforce it.
13. Stella is fifteen. In most states, for contractual purposes, Stella would be
considered a minor until she is
a. sixteen.
b. eighteen.
c. seventeen.
d. twenty-one.
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CHAPTER 9: FORMATION OF TRADITIONAL AND E-CONTRACTS 9
a. Jolie.
b. Jolie’s medical insurance company.
c. Keaton.
d. no one.
16. Odina signs a covenant not to compete with her employer, Penultimate Sales
Corporation. A court decides that the covenant is overly restrictive. Depending
on the jurisdiction, the court will likely
17. Sonya and Taylor enter into an oral contract that is required to be in writing to
be enforceable. Such a contract is normally
a. voidable by a party who does not wish to follow through with it.
b. void.
c. valid.
d. voidable but only by consent of both parties.
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10 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
18. Illya owes Jenny $1,000. In a separate deal, Kasey owes Illya $1,000. Illya
unconditionally assigns his rights in the deal with Kasey to Jenny. Illya’s right to
the $1,000 is then
a. unchanged.
b. extinguished.
c. incidental.
d. assigned to a court.
19. Uri and Victor enter into a contract by which Uri promises to deliver business
cards, advertising banners, and other marketing materials to Victor. Uri later
transfers his duty under the contract to Wren. Uri is
a. a delegator.
b. a delegate.
c. an assignor.
d. none of the choices.
20. App Developers, Inc. (ADI), enters into a contract with Carmen, the chief
executive officer of SalesCorp, to create an app for the firm. To fulfill the
contract, ADI hires Max and ten other student interns. With respect to the
contract between ADI and Carmen, Max is
a. an intended beneficiary.
b. an incidental beneficiary.
c. a delegate.
d. an assignee.
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CHAPTER 9: FORMATION OF TRADITIONAL AND E-CONTRACTS 11
ESSAY QUESTIONS
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12 TEST BANK—UNIT THREE: THE COMMERCIAL ENVIRONMENT
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly
accessible website, in whole or in part.