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Law Educator, Esq.
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Question 39 1 points Save A counterclaim is raised

Resolved Question:

Question 39 1 points Save
A counterclaim is raised by a plaintiff against a defendant's response to a complaint.
Question 39 answers
True
False
Question 41 2 points Save
Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is expressed about payment. Cool provides the services, but Bay City refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had
Question 41 answers
a formal contract.
an actual contract.
an implied-in-fact contract.
a voidable contract.

Question 42 text Question 42 2 points Save
Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay. Avatar delivers. The contract is
Question 42 answers
voidable.
executed.
executive.
executory.

Question 43 text Question 43 2 points Save
Lively Toys Store and Movin' Products Company (MPC) enter into an e-contract under which MPC agrees to ship a case of electronic, remote-controlled bugs to Lively Toys, which agrees to pay on delivery. The Uniform Electronics Transactions Act (UETA)
Question 43 answers
denies the enforcement of such contracts.
does not apply to such contracts.
preempts all other laws with respect to such contracts.
supports the enforcement of such contracts.

Question 44 text Question 44 2 points Save
Quality Steel Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if
Question 44 answers
it is obvious that the consideration is adequate.
Rite Tool asserts that there is adequate consideration.
something of value passed between the parties.
the consideration is worth more than $100.

Question 45 text Question 45 2 points Save
Fabio, a user of GameCenter.com's Web site, can download gaming software for free if he first clicks on "I accept" after viewing certain terms. This is
Question 45 answers
a contract that does not include the terms.
a contract that includes the terms.
not a contract but the terms are enforceable.
unenforceable.

Question 46 text Question 46 1 points Save
Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship.
Question 46 answers
True
False

Question 47 text Question 47 1 points Save
Defamation is one person's use of another's name without permission.
Question 47 answers
True
False

Question 48 text Question 48 1 points Save
Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.
Question 48 answers
True
False

Question 49 text Question 49 1 points Save
An Internet service provider cannot be held liable for disseminating defamatory remarks under any circumstances.
Question 49 answers
True
False

Question 50 text Question 50 2 points Save
Lara induces Moe to enter into a contract for the sale of an apartment about which Lara fraudulently misrepresents a number of material facts. Lara tells Moe that her commission is 6 percent, but their signed, written contract states "12 percent." The Statute of Frauds governs
Question 50 answers
contracts that are induced by fraud.
contracts that must be in writing to be enforceable.
the admissibility in court of oral evidence.
the merging of oral and written statements into one contract.

Question 51 text Question 51 2 points Save
Fact Pattern 9-2
Grover contracts to sell two tracts of land to Hank. Both parties believe that the two tracts are adjacent, but in fact they are not. Grover is still willing to sell the land, but under these circumstances the deal would adversely affect Hank.

Refer to Fact Pattern 9-2. Because of the parties' belief about the adjacency of the property, their contract is
Question 51 answers
unavoidable.
unconscionable.
unenforceable.
voidable.

Question 52 text Question 52 2 points Save
Delta, Inc., agrees to assume a debt of Excel Company to First State Bank. The agreement is not in writing. To be enforceable, the promise must be for the benefit of
Question 52 answers
any party.
Delta.
Excel.
First State.

Question 53 text Question 53 2 points Save
U-Can-Own-It Corporation sells appliances to less educated consumers, including Vi, on installment plans. U-Can-Own-It files a suit against Vi when she stops making payments. Vi claims that the deal is unconscionable. The court will most likely consider
Question 53 answers
the geographic area of the relevant market.
the parties' relative bargaining power.
the quality of related products in the general market.
the relation of this deal to those of other customers.
Question 54 2 points Save
F
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Question 39 1 points Save
A counterclaim is raised by a plaintiff against a defendant's response to a complaint.
Question 39 answers

False

Question 41 2 points Save
Bay City Construction, Inc., a contractor, asks Cool Electric, a subcontractor, to provide certain services. Nothing is expressed about payment. Cool provides the services, but Bay City refuses to pay. In Cool's suit to recover, the chief issue is most likely to be whether these parties had
Question 41 answers

an implied-in-fact contract.

Question 42 text Question 42 2 points Save
Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay. Avatar delivers. The contract is
Question 42 answers

executory.

Question 43 text Question 43 2 points Save
Lively Toys Store and Movin' Products Company (MPC) enter into an e-contract under which MPC agrees to ship a case of electronic, remote-controlled bugs to Lively Toys, which agrees to pay on delivery. The Uniform Electronics Transactions Act (UETA)
Question 43 answers

supports the enforcement of such contracts.

Question 44 text Question 44 2 points Save
Quality Steel Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if
Question 44 answers

something of value passed between the parties.


Question 45 text Question 45 2 points Save
Fabio, a user of GameCenter.com's Web site, can download gaming software for free if he first clicks on "I accept" after viewing certain terms. This is
Question 45 answers
a contract that includes the terms.

Question 46 text Question 46 1 points Save
Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship.
Question 46 answers
True


Question 47 text Question 47 1 points Save
Defamation is one person's use of another's name without permission.
Question 47 answers
False

Question 48 text Question 48 1 points Save
Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.
Question 48 answers

False

Question 49 text Question 49 1 points Save
An Internet service provider cannot be held liable for disseminating defamatory remarks under any circumstances.
Question 49 answers

False

Question 50 text Question 50 2 points Save
Lara induces Moe to enter into a contract for the sale of an apartment about which Lara fraudulently misrepresents a number of material facts. Lara tells Moe that her commission is 6 percent, but their signed, written contract states "12 percent." The Statute of Frauds governs
Question 50 answers
contracts that must be in writing to be enforceable.

Question 51 text Question 51 2 points Save
Fact Pattern 9-2
Grover contracts to sell two tracts of land to Hank. Both parties believe that the two tracts are adjacent, but in fact they are not. Grover is still willing to sell the land, but under these circumstances the deal would adversely affect Hank.

Refer to Fact Pattern 9-2. Because of the parties' belief about the adjacency of the property, their contract is
Question 51 answers
voidable.

Question 52 text Question 52 2 points Save
Delta, Inc., agrees to assume a debt of Excel Company to First State Bank. The agreement is not in writing. To be enforceable, the promise must be for the benefit of
Question 52 answers
any party.


Question 53 text Question 53 2 points Save
U-Can-Own-It Corporation sells appliances to less educated consumers, including Vi, on installment plans. U-Can-Own-It files a suit against Vi when she stops making payments. Vi claims that the deal is unconscionable. The court will most likely consider
Question 53 answers

the quality of related products in the general market.
Question 54 2 points Save


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