Intellectual Property Rights & Contracts – Business Law

Intellectual Property Rights & Contracts – Business Law

These chapters discuss business organizations, business laws, contracts and intellectual property rights


Landon, an 80-year-old, writes a trust that states that his property is to go to his “great-great-great grandchild” upon his death. At the time of creating the trust, his only child is one year old. In this scenario, which of the following statements is true about the validity of the trust?

The trust is valid, but the property must wait until the great-great-great grandchild is born to be transferred

The trust is invalid due to the rule against eventualities

The trust is valid due to the rule of progression

The trust is invalid due to the rule against perpetuities – Correct

The trust is valid, but the property must wait until Landon’s child dies to be transferred


Which of the following is an example of intangible property?

Cars

Books

Clothing

Securities Correct

Land


The Homestead Act of 1862 illustrates ownership through

Possession – Correct

Exchange

Gifting

Confusion

Accession


Mike rents a car from Brandy Car Rentals at $40 per day. In this scenario, which of the following statements is true?

This is a bailment for the sole benefit of the bailor

Brandy is the bailee

Mike owes the duty of slight care

Mike is under a duty to use “reasonable care” to take care of the car – Correct

This is a bailment for the sole benefit of the bailee


Which of the following is beyond the scope of zoning ordinances?

To separate commercial districts from residential districts

To specify the number of buildings that can be built on land

To enforce ethnic or gender diversity – Correct

To impose specific color requirements

To specify a specific design for all buildings in an area


Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruth’s home. Ruth offers the brooch to Marcy who accepts it. Ruth then gives Marcy the only key to the safe. According to the information given, which of the following statements is true?

This is not a valid gift because there has been no delivery

This is a valid gift because the gift is a physical entity

This is a testamentary gift, and Marcy can claim the gift only after Ruth’s death

This is a valid gift because there has been a constructive delivery – Correct

This is not a valid gift because Ruth must provide a document for chain of custody


Which of the following statements is true about adverse possession?

The practice of adverse possession requires that possession be interrupted to grant ownership

The possessor should have the owner’s permission to be on the land

The practice of adverse possession discourages land use

The practice of adverse possession increases the possibilities of an absent owner to claim rights many years down the road

The most common way to destroy a claim of adverse possession is to sue for trespass – Correct


Danny has five pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one wants to buy the house due to the dogs. In this scenario, if Terry takes Danny to court, what should Danny be held liable for by Terry?

A public nuisance

A private nuisance – Correct

An adverse possession

An eminent domain

An accession


Rachel owns a beach house and wants to build a deck. Zoning restrictions limit decks to 120 square feet, but Rachel wants to build one that is 144 square feet. Which of the following should Rachel do next?

She can go ahead and build it as the law permits that once the deck is built it cannot be brought down

She should ask for a nonconforming exemption

She should ask for a variance – Correct

She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions

She should lobby her local zoning board to force them to change the restriction as that is the only plausible recourse


Which of the following statements is true about lost items?

The law distinguishes things that have been lost from things that have simply been mislaid Correct

The things that have been lost belong to the person who owns the premises where the item was lost

The finder of a lost item becomes the owner of the item even before reducing it to possession

The ownership is lost at the end of a statutory period for the finder of a lost item

The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item


In the context of contracts formed by promises, which of the following is an agreement containing mutual promises?

Unilateral contract

Quasi-contract

Express-in-fact contract

Bilateral contract – Correct

Implied-in-fact contract


Which of the following statements is true of silence as a method of acceptance?

An offeree’s silence implies that the offeree will make a counter offer

Silence may well imply acceptance if the parties previously dealt with each other – Correct

When an offer specifies that silence indicates acceptance, the offeree has to respond

Silence alone can be acceptance and the basis of a binding contract

Silence leads to acceptance of an offer due to the mirror image rule


The legal mechanism for evaluating the existence of an incentive for a person’s promise to establish a binding contract and acts as a receipt of a legal benefit or the suffering of a legal detriment is

Collusion

Accord and satisfaction

Consideration – Correct

Reversion

Novation


Which of the following terms refers to a person’s ability to be bound by a contract?

Legality

Capacity – Correct

Usability

Negotiability

Measurability


Harry regularly shipped 100 cartons of electronic goods to Keith on the 15th of every month as per the original agreement. He had been continuing this shipment routine for over a year. On the 20th day of one of the months, Keith refused the goods as he did not want Harry to ship those goods to him and had never accepted any such offer of goods. Harry had not received any prior notification to cancel the shipment of goods. Which of the following statements is true of this situation?

Keith can sue Harry based on the doctrine of promissory estoppel

Keith’s prior act of dealing and conduct with Harry confirms acceptance of the offer – Correct

Harry used duress in controlling the terms of the offer

Keith can sue Harry based on the misstatement of the facts of the offer

Harry should have ensured only partial delivery of goods as he received no oral confirmation from Keith about the shipment of goods


A(n) ______ is one that appears to be an agreement but lacks an essential requirement for validity and enforceability.

Voidable contract

Unenforceable contract

Void contract – Correct

Valid contract

Executed contract


The doctrine of quasi-contracts is predominantly based on a(n)

Reciprocal contract

Implied-in-law contract – Correct

Express contract

Bilateral contract

Unilateral contract


In the context of implied warranties as defined by the Uniform Commercial Code (UCC), which of the following refers to the merchantability of goods?

The goods will be of fair average quality and conform to any labeling – Correct

The goods will be suitable for the buyer’s purpose if the seller is aware of it

The goods will be delivered within two weeks of order

The goods will be worth at least $500 or more

The goods will be sold within states and not across states


In the context of contracts formed by interactions of parties, which of the following arises from the conduct of the parties rather than from words?

Express contracts

Implied-in-fact contracts – Correct

Executed contracts

Void contracts

Adhesion contracts


Aria asks Jessica if she can borrow an outfit for an office party and Jessica agrees. When Aria picks an outfit, Jessica refuses to give it to her. Which of the following statements is true of this situation?

Jessica has committed a breach of contract

A bargained-for exchange has not occurred, so Jessica does not have to loan the outfit to Aria – Correct

Jessica has promised Aria something of value, so she must loan her the outfit

The contract between Aria and Jessica is terminated as Aria makes a counteroffer

Jessica has given a valid consideration, thereby making the agreement between her and Aria a binding contract


Jeff signs a contract agreeing to purchase a dishwasher. The printed terms in the contract state that there is no return policy, but the contract has additional typed terms that allow him to return the product within 15 days from the date of purchase. The contract also has handwritten terms that allow him to return the product within 30 days of purchase. Jeff would like to return the dishwasher 20 days after purchase. Which of the following statements is most likely to be true in this scenario?

Jeff cannot return the product after 15 days of purchase

Jeff cannot return the dishwasher at all

Jeff can return the dishwasher after 45 days of purchase

Jeff can return the dishwasher after 20 days of purchase – Correct

Jeff can return the product only after getting an obiter dictum from a court


Kate contracts Office Depot Inc. to install air conditioning units for each office in her company. Kate wanted the work to be done in two days, but Office Depot took three days to complete the work. Which of the following statements is most likely to be true in this scenario?

Kate can sue Office Depot for material breach of contract

Kate can refuse payment to Office Depot

Office Depot is entitled to full recovery under the contract

Office Depot is entitled to a partial recovery under the contract – Correct

Both Kate and Office Depot must consult a neutral third party to resolve their contractual dispute


Salim has entered into a contract with Jenna to buy her land for $50,000. Salim has paid the amount in full. However, Jenna has not transferred the land to Salim. Salim decides to sue Jenna to request a court order to compel Jenna to transfer the land as per the contract. Which of the following remedies is the court most likely to enforce in this case?

Rescission

Consequential damages

Substantial performance

Liquidated damages

Specific performance – Correct


______ is a legal term referring to the transfer of possession from the seller to the buyer.

Performance

Condition

Delivery – Correct

Waiver

Release


An employment contract denies payment of a full month’s salary if an employee does not clock in 160 hours of work. This is a(n)

Condition subsequent – Correct

Concurrent condition

Voluntary arbitration

Implied condition

Mandatory arbitration


______ is a level of performance below what is reasonably acceptable.

Substantial performance

Material breach – Correct

Complete substantial breach

Partial breach

Reasonable breach


Which of the following statements is true in cases where only one party drafts a contract that contains terms that appear vague and ambiguous to the other party?

The court will give the terms the meaning as per trade usage

The court will reject the non-drafting party’s attempt to reinterpret the terms after the contract has been signed

The court will declare the drafting party’s behavior as a tort due to intentional ambiguity of terms

The court will interpret the terms as they mean in the common language

The court will interpret the ambiguous and vague terms against the party that drafts them – Correct


Which of the following is a remedy that provides equitable relief in cases that involve an intellectual property dispute?

Waiver

Assignment

Release

Injunction – Correct

Novation


______ are court-awarded damages to put a plaintiff in the same position as if a contract had been performed.

Nominal damages

Consequential damages

Liquidated damages

Compensatory damages – Correct

Specific damages


Kent signed a contract with Turner to exclusively work for Turner. Kent breached the contract by working part time for other people. Turner tried to reach a voluntary settlement with Kent as long as he pays a certain amount to Turner. As this attempt failed, they decided to allow Erika, a neutral third party, to make a decision. Turner and Kent agreed to abide by the decision taken by Erika. Which of the following is depicted in this scenario?

A negotiated settlement

Obiter dicta

Arbitration – Correct

Stare decisis

A free exercise clause


Which of the following statements is true of trade secrets?

A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems

Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources – Correct

Two or more trade secrets must be unique

Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even “visitors”

Reasonable measures in the preservation of trade secrets exclude physically locking away written material


In the context of patentable subject matter, which of the following refers to doing something through a series of operations?

Claim

Process – Correct

Infringement

Recognizability

Tarnishment


Civil violation of a trademark or a patent is termed

Breach

Infringement – Correct

Repudiation

Copy

Injunction


Which of the following is true of trade dress?

It refers to the utility and non-obviousness of an invention

It can be protected under law even without a registration

It is another form of a patent troll

It is protected by the law from being copied as long as it is distinctive – Correct

It usually excludes distinctive store decorating motifs


A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy.

Copyright

Trademark

Patent

Company policy

Trade secret – Correct


Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?

Patent – Correct

Copyright

Trademark

Trade name

Brand mark


______ refers to a colored design or shape associated with a product or service.

Patent

Trade dress – Correct

Copyright

Trademark

Blurring


Which of the following statements is true of design patents?

The duration of a design patent is 14 years from the date of issue – Correct

It is given to products that have undergone new compositions of matter or improvements

It is applied to useful, functional inventions

It also covers all other inventions that are under the purview of plant patents

It excludes the appearance of a product in considering the patent for a product


The Nike “swoosh” and McDonald’s golden arches are examples of which type of intellectual property?

Copyright

Patent

Certification mark

Trademark – Correct

Novelty


Which of the following is true of copyright law?

It deals with invention that is original, nonobvious, and a novelty

It protects ideas and facts

It protects the design, color, or shape that is associated with a particular product from being copied

It protects original, creative expression – Correct

It protects inventors rather than authors


In the context of factors to consider when selecting a business’s organizational form, one of the most significant creation-related issues is

The location of the business

How much paperwork is involved – Correct

How many people are recruited on average in a year by the organization

The organization’s policies

The demographic to which the organization targets its services or products


Which of the following statements is true of the trends in operating business organizations?

Public attention is moving away from the formation of benefit corporations

Shareholders are losing interest and are becoming less active

In comparison to corporations, sole proprietorships are becoming harder to create

In many cases, corporations and individuals reasonably have an equal claim to rights and protections under the law – Correct

Sole proprietorships and partnerships are now being treated as a taxable entity if they generate more than $100,000 in revenue


Which of the following is the characteristic of a sole proprietorship?

It can be publicly held

It is not taxed as an organization – Correct

It is the hardest business organization to create

It is the most expensive business organization to create

It can be created by multiple owners


When organizations are owned by only a few persons, they are said to be

Publicly-held

Legally-held

Closely-held – Correct

Openly-held

Overtly-held


The crucial issue with the continuity factor of a business’ organizational form is

Its management style

The average age of the employees working for the business

The method by which the business can be dissolved – Correct

The method adopted by the business to reach out to its customers

The control exercised by its managers


Which of the following is a characteristic of partnerships?

They cannot operate in more than one state without obtaining a license to do so

They are generally subject to more regulation and governmental supervision than a corporation

They may not use any word in the name that would imply the existence of a corporation – Correct

They are the least expensive form of business organization

They allow unlimited number of people to become partners


Which of the following is a criticism of benefit corporations?

They are the only type of corporation not treated as individuals

They are not treated as taxable entities even though they have shareholders

They place too much emphasis on profit maximization

They may be less accountable to shareholders – Correct

They are exempt from all forms of taxation


While selecting a name for a partnership, if the name is other than that of the partners, the partners must give notice as to their actual identity under the state’s

Fictitious-name certification law

Annexed-name statute

Suppositious-name law

Fictious-name rule

Assumed-name statute – Correct


Which of the following is the disadvantage of the corporate form of organization?

Control of a corporation may be held by those with a minority of the investment

Ownership may be divided into many unequal shares

Shareholders’ liabilities are limited to their investments

The organization cannot have perpetual existence

Corporate income may be subject to double taxation – Correct


Which of the following is the basic difficulty of owning a minority interest in a closely held corporation?

There is no ready market for the minority stock should a shareholder desire to dispose of it – Correct

Stockholders with a minority interest have no rights in a closely held corporation

Buy and sell agreements to own a minority interest are not allowed in a closely held corporation

Minority shareholders have unlimited personal liability for the obligations of a closely held corporation

Minority shareholders risk losing more than their investment amount


A(n) ______ is any change in the ownership of an organization that changes the legal
existence of the organization.

arbitration
rescission
restitution
dissolution – Correct
extradition


Which of the following statements is true of publicly held business organizations?

Publicly held organizations are owned only by a few persons.
Publicly held organizations are only owned by the government.
Shareholders of publicly held organizations can transfer their ownership without interfering
with the organization’s management – Correct
A family-operated business is an example of a publicly held business organization.
Publicly held organizations are free from all legal liabilities to its shareholders, which is the
primary reason for this corporate form being used.


In the context of factors to consider when selecting a business’s organizational form, one of the most significant creation-related issues is

the location of the business.
how much paperwork is involved – Correct
how many people are recruited on average in a year by the organization.
the organization’s policies.
the demographic to which the organization targets its services or products.


The crucial issue with the continuity factor of a business’s organizational form is

its management style.
the average age of the employees working for the business.
the method by which the business can be dissolved – Correct
the method adopted by the business to reach out to its customers.
the control exercised by its managers.


The use of sole proprietorships is very limited because

there is no formal documentation process for its creation.
it gives limited control to the proprietor.
it is the most expensive business organization to create.
multiple owners cannot create a proprietorship – Correct
it is the hardest business organization to create.


Which of the following is the characteristic of a sole proprietorship?

It can be publicly held.
It is not taxed as an organization – Correct
It is the hardest business organization to create.
It is the most expensive business organization to create.
It can be created by multiple owners.


Which of the following forms of organization requires no formal documentation but only
business licenses for formation?

limited partnership
corporation
limited liability company
sole proprietorship – Correct
S corporation


In a(n) ______, the shareholders are taxed only on income distributed.

limited partnership
corporation – Correct
limited liability company
sole proprietorship
S corporation


The creation of a(n) ______ is automatic based on business conduct and is modified by
agreement.

limited partnership
corporation
partnership – Correct
sole proprietorship
S corporation


Which of the following makes sole proprietorship a less desirable form of organization?

The creation of sole proprietorship is expensive and requires formal documentation.
A proprietorship’s business activity may be more stable than a proprietor’s willingness to remain actively involved in the business – Correct
A proprietor may have to share his or her voice of control and responsibility for the business’ success with the other acting members of the organization.
Sole proprietorships are the hardest forms of organization to create.
Sole proprietorships are subject to double taxation.


Which of the following is an advantage of a sole proprietorship?

A sole proprietor is personally obligated for the debt of the proprietorship.
A sole proprietorship is not taxed as an organization.
In a sole proprietorship, liability is shared with many partners.
A sole proprietorship is the least expensive business organization to create – Correct
A sole proprietorship’s business activity may be more stable than the proprietor’s willingness to remain actively involved in the business.


Jonathan intends to have maximum control over his decisions in his business. Which of the following forms of business organizations is most likely to give Jonathan total control over his business decisions?

sole proprietorship – Correct
partnership
corporation
S corporation
limited liability company


Which of the following is an advantage of partnerships?

A. A partnership is practical because only a limited number of persons can be partners.
B. A partnership is easily formed because it is based on a contract among persons – Correct
C. Each partner’s liability is unlimited.
D. Partners are taxed on their share of the partnership’s profits, whether the profits are
distributed or not.
E. A partnership is dissolved anytime a partner ceases to be a partner, regardless of whether the reason is withdrawal or death.


Which of the following forms of organization is most easily formed at minimal costs?

A. limited liability partnership
B. partnership – Correct
C. corporation
D. S corporation
E. limited liability company


Which of the following is the basic difficulty of owning a minority interest in a closely held corporation?

A. There is no ready market for the minority stock should a shareholder desire to dispose of it – Correct
B. Stockholders with a minority interest have no rights in a closely held corporation.
C. Buy and sell agreements to own a minority interest are not allowed in a closely held
corporation.
D. Minority shareholders have unlimited personal liability for the obligations of a closely held
corporation.
E. Minority shareholders risk losing more than their investment amount.


Technically, a(n) ______ is an agent appointed by a shareholder for the purpose of voting the
shares.

A. officer
B. director
C. proxy – Correct
D. arbitrator
E. signatory


While selecting a name for a partnership, if the name is other than that of the partners, the partners must give notice as to their actual identity under the state’s ______.

A. fictitious-name certification law
B. annexed-name statute
C. suppositious-name law
D. fictious-name rule
E. assumed-name statute – Correct


Which of the following statements is true of a general partnership?

A. A general partnership is dissolved any time there is a change in the partners – Correct
B. A general partnership must have at least one controlling partner.
C. A dissolution does not necessarily destroy the business of a partnership.
D. Unlike proprietorships, partnerships are taxable entities.
E. All partners in a general partnership have only limited liability for their organization’s debts.


To prevent problems that may arise when a partner dies or withdraws from a partnership, the articles of partnership should include a(n) ______.

A. buy and sell agreement – Correct
B. escrow instruction
C. establishment clause
D. commerce clause
E. interest agreement


Which of the following statements is true of managerial control in a general partnership?

A. It is mandatory for each partner to have equal voice in a firm’s affairs.
B. Partners may agree to divide control in such a way as to make controlling partners and minority partners – Correct
C. The differences in the degree of control do not affect a business’s success.
D. The possibility of deadlock is higher when there is a greater number of partners and an odd
number of them.
E. Language governing issues of managerial control need to be made orally clear to all partners.


Which of the following statements is true of liability of partners in a general partnership?

A. Partners have limited liability for an organization’s debts.
B. Partners’ personal assets, which are not associated with the partnership, may not be claimed by the creditors.
C. From a creditor’s perspective, the liability of each partner extends only to a pro rata share.
D. A partner who has to pay beyond his pro rata share will have to make use of his future buyout interest.
E. A partner having unlimited liability will be jointly and severally liable for the partnership’s obligations – Correct


Which of the following is a disadvantage of partnerships?

A. They have a high cost of formation.
B. They are tax-paying entities.
C. They are subject to more governmental supervision than corporations.
D. They need to obtain a license if they wish to operate in more than one state.
E. They will be dissolved any time a partner leaves the partnership – Correct


Which of the following is a characteristic of partnerships?

A. They cannot operate in more than one state without obtaining a license to do so.
B. They are generally subject to more regulation and governmental supervision than a
corporation.
C. They may not use any word in the name that would imply the existence of a corporation – Correct
D. They are the least expensive form of business organization.
E. They allow unlimited number of people to become partners.


A corporation created under the authority of a foreign country may be called a(n) ______.

A. imported corporation
B. offshore corporation
C. alien corporation – Correct
D. distant corporation
E. external corporation


Which of the following statements is true of corporations?

A. Corporations do not have to pay income taxes on their profits.
B. In comparison with partnerships, corporations are more costly to form – Correct
C. A corporation’s organizational structure changes whenever a shareholder sells his or her
stock.
D. In comparison with proprietorships, corporations are easier to form.
E. The law treats a corporation’s existence in tandem with its owners’ status as shareholders.


As a creature of state legislative bodies, a ______ is much more complex to create and to operate than other forms of businesses.

A. sole proprietorship
B. partnership
C. limited partnership
D. corporation – Correct
E. limited liability partnership


A corporate charter is issued following an application made by individuals known as ______.

A. incorporators – Correct
B. arbitrators
C. mediators
D. officers
E. directors


The formal application for a corporate charter is called the ______.

A. articles of confederation
B. articles of incorporation – Correct
C. articles of partnership
D. articles of application
E. articles of integration


In a closely held corporation, the majority shareholders

A. have no influence on management.
B. can control election of a board of directors – Correct
C. cannot be employed by the corporation.
D. have the same impact on policy as minority stockholders.
E. bring derivative suits on behalf of the corporation.


In a closely held corporation, which of the following lawsuits is likely to be brought by a minority shareholder on behalf of a corporation if the majority is acting illegally or oppresses the rights of the minority shareholders?

A. a derivative suit – Correct
B. a preemption suit
C. a petit suit
D. a dissolution suit
E. a termination suit


When organizations are owned by only a few persons, they are said to be ______.

A. publicly held
B. legally held
C. closely held – Correct
D. openly held
E. overtly held


When courts find that a corporate organization is being misused, the corporate entity can be
disregarded. This has been called

A. cracking the corporate shell.
B. piercing the corporate veil – Correct
C. breaking the corporate shield.
D. breaching the corporate defense.
E. rupturing the corporate law.


The ______, by which the corporate veil can be pierced, may also be used to impose personal
liability upon corporate officers, directors, and stockholders.

A. alter-ego theory – Correct
B. negligent conduct theory
C. Med-Arb theory
D. corporate envelopment theory
E. corporate doppelganger theory


Which of the following is a taxable entity?

A. a partnership
B. a limited liability partnership
C. a limited liability company
D. a corporation – Correct
E. a sole proprietorship


Which of the following is an advantage of the corporate form of organization?

A. License fees and franchise taxes are not assessed against corporations.
B. Control of a corporation may be held by those with a minority of the investment – Correct
C. The cost of forming and maintaining a corporation is minimal.
D. A corporation need not be qualified in all states where it is conducting local or intrastate
business.
E. Corporate income is not subject to double taxation.


Which of the following is the disadvantage of the corporate form of organization?

A. Control of a corporation may be held by those with a minority of the investment.
B. Ownership may be divided into many unequal shares.
C. Shareholders’ liabilities are limited to their investments.
D. The organization cannot have perpetual existence.
E. Corporate income may be subject to double taxation – Correct


Which of the following organizations is equally managed by the members unless a manager
is designated?

A. l partnership
B. corporation
C. limited liability company – Correct
D. sole proprietorship
E. S corporation


Which of the following has a perpetual existence so long as the number of shareholders is
limited?

A. limited partnership
B. partnership
C. limited liability company
D. sole proprietorship
E. S corporation – Correct


Which of the following is required to have its organizers file articles of organization with state official for formation?

A. limited partnership
B. partnership
C. limited liability company – Correct
D. sole proprietorship
E. limited liability partnership


Which of the following is essential if limited partners are to be assured of their limited liability?

A. substantial compliance with all the technical requirements of the limited partnership law – Correct
B. signing an agreement according to the limited liability law to dissolve a partnership whenever
a member withdraws
C. using a limited partner’s surname in a partnership’s name
D. inclusion of a limited commerce clause in the partnership agreement
E. participation in an organization’s management


Which of the following statements is true of limited partners?

A. They cannot act as an agent of the partnership.
B. They can control operations of the limited partnership.
C. They cannot vote on the change of the partnership’s name.
D. They can have their surnames used in the partnership’s name.
E. They can act as a guarantor of the partnership’s obligations – Correct


Under the Revised Uniform Limited Partnership Act (RULPA), if a limited partner’s name is used in a firm’s name, that partner

A. does not get his or her contribution returned when the partnership dissolves.
B. cannot advise the general partner.
C. will become personally liable to unsuspecting creditors – Correct
D. must actively participate in management activities to retain his or her status of limited liability.
E. cannot receive any of the partnership’s profits.


Which of the following statements is true of an S corporation?

A. It cannot have more than 100 shareholders – Correct
B. It is the official designation for a corporation with less than 500 employees.
C. It is the least expensive form of organization to create.
D. It does not have shareholders.
E. It need not file an information return with the Internal Revenue Services since it does not pay
any taxes.


A limited liability company is created through filing the ______ with a state official.

A. articles of confederation
B. articles of incorporation
C. articles of organization – Correct
D. articles of association
E. articles of integration


The owners of limited liability companies are called ______.

A. shareholders
B. partners
C. proprietors
D. members – Correct
E. directors


In the context of the continuity of limited liability companies (LLCs), which of the following statements is true?

A. Membership in LLCs is limited to individuals.
B. In an LLC, a business organization can be an owner – Correct
C. An LLC dissolves when the number of shareholders falls below 100.
D. LLCs cannot be dissolved unless the owner of the LLC dies.
E. In an LLC, only the government can dictate when the company can be dissolved.


In a limited liability company, the transferability of a member’s interest

A. is restricted in the fashion of a partner – Correct
B. is not subject to any restrictions.
C. depends on the number of shareholders in the company.
D. depends on the profitability of the company.
E. is similar to the free transferability of a corporate shareholder.


Which of the following statements is true of the trends in operating business organizations?

A. Public attention is moving away from the formation of benefit corporations.
B. Shareholders are losing interest and are becoming less active.
C. In comparison to corporations, sole proprietorships are becoming harder to create.
D. In many cases, corporations and individuals reasonably have an equal claim to rights and protections under the law – Correct
E. Sole proprietorships and partnerships are now being treated as a taxable entity if they generate
more than $100,000 in revenue.


Despite the advantages, there is some concern that the overuse of deferred prosecution agreements could

A. restrict the rights of minority shareholders in limited liability companies.
B. reduce the attractiveness of forming a limited liability partnership.
C. reduce the number of sole proprietorships formed in the country.
D. lead to an environment where corporations are treated unfairly.
E. lead to an overly lenient environment for addressing corporate malfeasance – Correct


A deferred prosecution agreement is used to encourage

A. more derivative suits against majority shareholders who misuse company funds.
B. the reduction in the number of limited liability partnerships formed.
C. self-reporting and remediation of illegal acts before a criminal case is commenced – Correct
D. an environment where corporations are easier to form than sole proprietorships.
E. the use of benefit organization as a corporate form.


Which of the following is a significant trend in corporate organization and control?

A. the inclusion of personal privacy rights for corporations
B. the emergence of benefit corporations – Correct
C. a decline in the use of deferred prosecution agreements by the federal government
D. an increase in the restrictions on sole proprietorships
E. an increase in managerial control for limited partners


Which of the following statements is true of benefit corporations?

A. They are the only type of corporation not treated as individuals.
B. They are not treated as taxable entities even though they have shareholders.
C. They are formed through the use of deferred prosecution agreements.
D. They combine the positive aspects of a limited liability company and a partnership to form an organization that is designed to give the maximum profits to the owners of the organization.
E. They combine aspects of non-profit and profit organizations in a way intended to permit a business to make a profit while pursuing explicit, socially oriented goals – Correct


Which of the following is a criticism of benefit corporations?

A. They are the only type of corporation not treated as individuals.
B. They are not treated as taxable entities even though they have shareholders.
C. They place too much emphasis on profit maximization.
D. They may be less accountable to shareholders – Correct
E. They are exempt from all forms of taxation.


If there is evidence that a word used in a contract has a particular trade usage, courts will

A. give it that meaning – Correct

B. ask the contracting parties to remove that word from the contract.

C. ask the contracting parties to add it as a comment to the contract.

D. ask the contracting parties to add it to the nolo contendere section of the contract.

E. replace the word with its legal equivalent.


When a printed form contract has additional handwritten terms, courts will

A. interpret handwritten terms to control printed ones – Correct

B. replace the handwritten terms with typed terms.

C. disregard both printed terms and handwritten ones.

D. remove the handwritten terms.

E. remove the printed terms.


Jeff signs a contract agreeing to purchase a dishwasher. The printed terms in the contract state that there is no return policy, but the contract has additional typed terms that allow him to return the product within 15 days from the date of purchase. The contract also has handwritten terms that allow him to return the product within 30 days of purchase. Jeff would like to return the dishwasher 20 days after purchase. Which of the following statements is most likely to be true in this scenario?

A. Jeff cannot return the product after 15 days of purchase.

B. Jeff cannot return the dishwasher at all.

C. Jeff can return the dishwasher after 45 days of purchase.

D. Jeff can return the dishwasher after 20 days of purchase – Correct

E. Jeff can return the product only after getting an obiter dictum from a court.


Morgan signs a contract with Shane agreeing to work with him for a movie. Halfway through the production of the movie, Shane decides to quit as he gets another job as a marketing executive. The printed terms in the contract state that when a breach of contract occurs, the breaching party has to pay $20,000 to the nonbreaching party. The contract also has additional handwritten terms that state that in the event of a party being unable to complete the performance required due to unforeseen, unnatural causes, the breaching party does not have to pay any money to the nonbreaching party. Which of the following statements is true in this situation?

A. Shane has to pay Morgan $20,000 as consequential damages.

B. Shane has to pay $20,000 to Morgan for breach of contract – Correct

C. Shane does not have to pay any amount to Morgan because his breach was excused by the contractual terms.

D. Morgan cannot sue Shane for the breach as the liquidated damage is meant to penalize the nonbreaching party.

E. Shane can sue Morgan for compensatory damages.


Which of the following statements is true in cases where only one party drafts a contract that contains terms that appear vague and ambiguous to the other party?

A. The court will give the terms the meaning as per trade usage.

B. The court will reject the non-drafting party’s attempt to reinterpret the terms after the contract has been signed.

C. The court will declare the drafting party’s behavior as a tort due to intentional ambiguity of terms.

D. The court will interpret the terms as they mean in the common language.

E. The court will interpret the ambiguous and vague terms against the party that drafts them – Correct


Which of the following states that parties to a complete and final written contract cannot introduce oral proof in court that changes the intended meaning of the written terms?

A. the statute of frauds

B. the exclusionary rule

C. the parol evidence rule – Correct

D. the statute of limitations

E. the assignor rule


An exception to the parol evidence rule allows

A. evidence of oral agreement that merely explains the meaning of written terms without changing the terms – Correct

B. evidence of oral agreements made on contracts that qualify for mandatory arbitration.

C. evidence of oral agreements made on contracts that qualify for court-annexed mediation.

D. evidence of oral agreements made at the time of or prior to a written contract that changes the meaning of written terms.

E. evidence of oral agreements that are designed to favor the party that drafts a contract


If a contract contains a condition precedent it means that

A. something must take place in the future before a contracting party has a duty to perform – Correct

B. courts will award the nonbreaching party with consequential damages for failure to perform by the breaching party.

C. performance must be completely achieved according to contract specifications or the contract is breached.

D. impossibility of performance will not be an acceptable excuse for nonperformance.

E. both the contracting parties have a simultaneous duty to perform.


Which of the following is the key difference between conditions subsequent and conditions precedent?

A. timing of the duty to perform – Correct

B. number of parties involved in a contract

C. duration of performance

D. quality of performance

E. divisibility of contract


Matthew wants to buy Brian’s car for $3,000. He pays Brian the cash while Brian hands over the car. In this situation, there is a(n)

A. explicit condition on performance.

B. condition precedent of performance.

C. condition subsequent of performance.

D. concurrent condition of performance – Correct

E. express condition on performance.


A condition subsequent in a contract

A. implies that performance must be completely done according to contract specifications or the contract is breached.

B. excuses performance upon the happening of some specified future event – Correct

C. does not allow impossibility of performance as an acceptable excuse for nonperformance.

D. does not allow performance to be excused due to an unexpected event in the future.

E. involves implied concurrent conditions of performance.


An employment contract denies payment of a full month’s salary if an employee does not clock in 160 hours of work. This is a(n) ______.

A. condition subsequent – Correct

B. concurrent condition

C. voluntary arbitration

D. implied condition

E. mandatory arbitration


Most of our everyday purchases involve ______ of performance.

A. implied concurrent conditions – Correct

B. subsequent conditions

C. express conditions

D. implied conditions precedent

E. explicit conditions


______ is a legal term referring to the transfer of possession from the seller to the buyer.

A. Performance

B. Condition

C. Delivery – Correct

D. Waiver

E. Release


According to the Uniform Commercial Code, a ______ requires a seller to get the goods to be shipped and delivered to a specific place of business designated by the buyer.

A. destination contract – Correct

B. tender of performance

C. seller’s contract

D. shipment contract

E. tender of delivery


According to the Uniform Commercial Code, if a contract involving a buyer and a seller makes no statement about delivery, the presumption is

A. the seller will have to personally deliver the goods to the buyer.

B. the seller will have to ship the goods, assuming the risks of damages that take place in transit.

C. the buyer and the seller will have to enter into another contract stating the details of the delivery of the goods.

D. the buyer will have to make arrangements to pick up the goods at the location the seller designates – Correct

E. the contract will be considered void by law, since it contains indefinite, unclear terms


According to the Uniform Commercial Code, which of the following statements is true of a destination contract?

A. A seller satisfies its obligation to ship goods once they are transferred to the shipper for transportation.

B. The risk of loss for damage to the goods remains with a seller until the goods safely arrive at a buyer’s destination – Correct

C. If the purchased goods are damaged in transit, then a buyer is held responsible only if the buyer has paid the full amount for the purchased goods.

D. The risk of loss for damage to the goods is transferred to a buyer when a seller packages the goods for shipment.

E. A buyer assumes the risk of loss for damage to the goods from the point of sale till the goods reach the destination.


An offer to perform an activity under a contract is called a ______.

A. conditional performance

B. qualified performance

C. substantial performance

D. tender of performance – Correct

E. caucus of performance


______ is a level of performance below what is reasonably acceptable.

A. Substantial performance

B. Material breach – Correct

C. Complete substantial breach

D. Partial breach

E. Reasonable breach


Which of the following statements is true of a situation in which a party to a contract substantially performs its obligations to the contract?

A. The contract is said to be materially breached.

B. The party will be entitled to full recovery under the contract.

C. The contract immediately becomes void.

D. The party may be entitled to a partial recovery under the contract – Correct

E. The party’s performance is said to be as good as completed.


Kate contracts Ofc Depot Inc. to install air conditioning units for each office in her company. Kate wanted the work to be done in two days, but Ofc Depot took three days to complete the work. Which of the following statements is most likely to be true in this scenario?

A. Kate can sue Ofc Depot for material breach of contract.

B. Kate can refuse payment to Ofc Depot.

C. Ofc Depot is entitled to full recovery under the contract.

D. Ofc Depot is entitled to a partial recovery under the contract – Correct

E. Both Kate and Ofc Depot must consult a neutral third party to resolve their contractual dispute.


ToughBuilders Corp., a construction company, finishes the construction of a house two days after the contract called for its completion. The delay was caused solely due to low productivity. In this scenario, the level of performance of Tough Builders Corp. is recognized as ______.

A. significant performance

B. implied performance

C. breach due to nonperformance

D. substantial performance – Correct

E. material breach


______ is a middle ground between full performance and a breach due to nonperformance.

A. Inadequate performance

B. Substantial performance – Correct

C. Release of performance

D. Waiver of performance

E. Divisibility of performance


Jessica hires ChromaLite Builders Corp. to construct a house. The contract specifies that grade A+ carpeting is to be installed on the entire second floor. ChromaLite Builders accidentally installs grade A carpeting instead. Few people, except for carpeting experts, can tell the difference. Jessica, however, refuses to pay for the construction citing that ChromaLite Builders has breached the contract. Which of the following statements is true in this

A. The courts are likely to consider ChromaLite Builders’s performance as complete performance, and Jessica will have to pay the full amount to ChromaLite Builders.

B. Jessica can claim a breach of contract and refuse to pay ChromaLite Builders for the construction of the house.

C. The courts are likely to consider ChromaLite Builders’s performance as a substantial performance, and Jessica would be entitled to monetary damages – Correct

D. Jessica has materially breached the contract by refusing to pay ChromaLite Builders; hence, she cannot sue ChromaLite Builders for the use of low-grade carpeting.

E. The courts are likely to declare that ChromaLite Builders has materially breached the contract and will ask Jessica to pay exactly half the cost originally mentioned in the contract


Saddler Inc. makes high quality leather seats for racing bicycles and sells them to many of the top bicycle manufacturers. There are eight available sources of the type of leather that Saddler uses, and all of them are located in the Republic of Anaerobia. Saddler has always dealt with only one company in the Republic of Anaerobia primarily due to its reasonable cost. Zappit Inc. has a contract with Saddler for 10,000 seats. Zappit has just received a letter from Saddler explaining that due to political turmoil in Anaerobia its supplier cannot export the product. Therefore, Saddler cannot complete the contract. Which of the following is most likely to be true in this scenario?

A. Saddler can be excused for nonperformance based on impossibility of performance – Correct

B. Saddler can be excused for nonperformance based on substantial performance.

C. Zappit can sue for material breach, and Saddler cannot be excused for nonperformance.

D. Zappit can sue for specific performance if the seats are typical of all bicycle seats and not special or unique in any way.

E. Zappit can rightfully file a lawsuit, and Saddler will be liable to pay Zappit damages for nonperformance.


In the context of performance, the benefit of divisibility of a contract is

A. that it does not excuse a party’s nonperformance because of impossibility of performance, which may reduce the amount of disputes.

B. to view the duty to perform as a series of smaller contracts, which may reduce the amount of disputes – Correct

C. to view the duty to perform as optional.

D. that it mitigates the harmful effects of rescission.

E. that it completely eliminates the need for arbitration and other alternative dispute resolution techniques.


Great Tires Inc. orders 50 tons of rubber from Bill, a distributor. Bill almost always chooses Ritchie’s Rubber Farm over various other rubber plantations as he gets discounted rates. The delivery of the rubber to Great Tires is due on September 1. On August 1, a fire destroys Ritchie’s Rubber Farm. Which of the following statements is true in this situation?

A. Bill’s performance will be excused due to impossibility of performance.

B. Bill’s performance will be excused due to material breach.

C. Bill’s performance will not be excused if obtaining rubber from another plantation is reasonable and possible – Correct

D. Bill’s performance will not be excused unless he can get the same quantity of rubber at a lesser price from a different source.

E. Bill’s performance will be excused even if Great Tires proves that rubber from other plantations is reasonably available.


A massive crop infestation caused Northfront Corn Corp. to default on their corn delivery contract to Right Foods Corp., a manufacturer of packaged chips. As the infestation spread across the country, Northfront was not able to source from other corn producers. In this case, Northfront is most likely to be excused from performance because of ______.

A. a condition precedent in the delivery contract

B. divisibility of performance

C. commercial impracticability – Correct

D. substantial performance

E. eminent domain


When a party intentionally relinquishes a right to enforce a contract, it is called a(n) ______.

A. agreement

B. waiver – Correct

C. breach

D. disclaimer

E. release


Sheila contracted her friend Susan to paint her house for $3,000. Sheila did this as a favor to Susan as Susan was unemployed. Before she could finish the job, however, Susan got a job at a marketing company, which meant that she could not complete her contract. As Susan is her friend, Sheila decided not to enforce the contract, and she let Susan keep the $1,000. This scenario is an example of a(n) ______.

A. arbitration

B. waiver – Correct

C. condition precedent

D. unjust enrichment

E. delegation of duties


A similarity between a waiver and a release is that

A. there is a liability for a breach of contract in both cases.

B. both always occur before a contracting party fails to perform.

C. both require the payment of liquidation damages.

D. both always occur after a contracting party fails to perform.

E. nonperformance of contract is forgiven in both cases – Correct


A ______ exists when a party to a contract announces that the other party does not have to perform as promised.

A. release – Correct

B. waiver

C. surrender

D. breach

E. tender


Which of the following statements is true of a waiver?

A. It generally occurs when a contracting party announces the other party does not have to perform as promised.

B. It requires a condition subsequent to be present in a contract in order to be evoked by a nonperforming party.

C. It can be granted by the breaching party.

D. It is bargained for and is supported by consideration.

E. It generally occurs after a contracting party fails to perform – Correct


Ian owes Shirley $5,000, which is payable in five installments at an interest. However, after two installments, Ian offers to pay Shirley the entire debt to avoid paying the interest. In this scenario, which of the following will take place if Shirley announces that Ian does not have to pay the debt in further installments?

A. waiver

B. negotiation

C. release – Correct

D. arbitration

E. rescission


Stuart signs a contract that allows him to rent a snowplow from Homer’s Plow Company. The contract stipulates that he has to pay $50 per week. Winter ends sooner than expected, so Stuart wants to return the plow ahead of the due date in order to avoid paying unnecessary rent. Homer’s Plow Company agrees to let Stuart return the plow as long as he signs a contract that requires him to rent the plow again next year. This is an example of a(n) ______.

A. waiver

B. arbitration

C. rescission

D. release – Correct

E. novation


Kent signed a contract with Turner to exclusively work for Turner. Kent breached the contract by working part time for other people. Turner tried to reach a voluntary settlement with Kent as long as he pays a certain amount to Turner. As this attempt failed, they decided to allow Erika, a neutral third party, to make a decision. Turner and Kent agreed to abide by the decision taken by Erika. Which of the following is depicted in this scenario?

A. a negotiated settlement

B. obiter dicta

C. arbitration – Correct

D. stare decisis

E. a free exercise clause


______ are court-awarded damages to put a plaintiff in the same position as if a contract had been performed.

A. Nominal damages

B. Consequential damages

C. Liquidated damages

D. Compensatory damages – Correct

E. Specific damages


Rachel contracted with Steven to cater her wedding for $20,000. Steven failed to deliver on the day of the wedding, which forced Rachel to order food from a restaurant that cost her $30,000. What amount in compensatory damages does Steven owe Rachel?

A. $30,000

B. $20,000

C. $10,000 – Correct

D. $50,000

E. No compensatory damages


Daniel’s failure to deliver ice-cream makers and waffle makers on time resulted in a two-week delay in the opening of Sheena’s new ice-cream parlor. Sheena incurred a heavy loss since she had to pay the rent for those two weeks as well as salaries to the personnel hired. In this case, which of the following remedies is a court most likely to award Sheena?

A. liquidated damages

B. consequential damages – Correct

C. nominal damages

D. specific performance

E. differential damages


Consequential damages are awarded

A. only when compensatory damages are not awarded.

B. whenever a contract is released.

C. whenever a contract is waived.

D. only if the consequence was foreseeable – Correct

E. only when the cost of getting a substitute performance was higher.


Frank is the fresh produce supplier to Green Valley, an upscale restaurant. He provides the restaurant with imported meat for which he is paid $1,500 per day. One day, Frank fails to deliver the meat due to personal reasons. This causes the restaurant to order from a neighboring city for $2,500. The delay in shipment results in a foreseeable loss of $1,500 in revenue for Green Valley. If Green Valley decides to sue Frank for damages, the court is most likely to award Green Valley with damages in the amount of ______.

A. $1,000

B. $4,000

C. $2,500 – Correct

D. $8,000

E. $5,500


Salim has entered into a contract with Jenna to buy her land for $50,000. Salim has paid the amount in full. However, Jenna has not transferred the land to Salim. Salim decides to sue Jenna to request a court order to compel Jenna to transfer the land as per the contract. Which of the following remedies is the court most likely to enforce in this case?

A. rescission

B. consequential damages

C. substantial performance

D. liquidated damages

E. specific performance – Correct


Which of the following statements is true of liquidated damages?

A. They are the damages awarded by a court to a plaintiff for a breach of contract that causes no financial injury to the plaintiff.

B. They are the damages awarded by a court arising from unusual losses, which the contracting parties knew would result from a breach of contract.

C. They are the damages awarded by a court to put a plaintiff in the same position as if a contract had been performed.

D. They are the damages specified in a contract when real damages for breach of contract are likely to be uncertain – Correct

E. They are the damages enforced when a party to a contract incurs damages even after getting an injunction.


Which of the following remedies provided by a court to a nonbreaching party requires each party to a contract to return the consideration given to the other?

A. restitution

B. rescission – Correct

C. injunction

D. extradition

E. novation


Which of the following is a remedy that provides equitable relief in cases that involve an intellectual property dispute?

A. waiver

B. assignment

C. release

D. injunction – Correct

E. novation


Which of the following statements is true of rescission?

A. It results in awarding monetary damages to a nonbreaching party that is intended to punish the breaching party of a contract.

B. It arises from unusual losses that were foreseeable.

C. If a party to a contract intentionally relinquishes a right to enforce the contract, a rescission occurs.

D. If a party to a contract choses rescission as a remedy, that party cannot also make a claim for damages – Correct

E. If a party to a contract announces the other party does not have to perform as promised, a rescission exists.


A(n) ______ is a court order for a party to refrain from doing something.

A. injunction – Correct

B. extradition

C. rescission

D. restitution

E. waiver


An injunction is a court order for a party to a contract to

A. do something agreed to under an original contract – Correct

B. pay compensatory damages to the nonbreaching party of the contract.

C. pay consequential damages to the nonbreaching party of the contract.

D. release the nonbreaching party from its contractual obligations.

E. relinquish its right to enforce the contract.


The purposeful reduction of damages, usually the responsibility of a nonbreaching party to a contract, is known as ______.

A. mitigation – Correct

B. negotiation

C. waiver

D. release

E. novation


Lisa is a musician. She signs a contract with a local restaurant allowing it to play her song in its advertisement for two years. The restaurant continues to play her song even after the contract expires. In this scenario, if Lisa sues to stop the restaurant from using her music, the court is most likely to order a(n) ______.

A. mitigation

B. injunction – Correct

C. waiver

D. release

E. discharge


Cyra is a musician who is contracted to perform for Vanta Blue, a local pub. Vanta Blue pays her an advance as part of the contract. But Cyra never shows up to perform at Vanta Blue. Vanta Blue sues Cyra for breach of contract and to request an order that Cyra carry out her contractual obligation. Which of the following remedies is most likely to be sought by Vanta Blue in this case?

A. specific performance – Correct

B. injunction

C. tender performance

D. condition subsequent

E. substantial performance


Which of the following statements is true of mitigation?

A. The victim of a contract breach must mitigate damages when possible – Correct

B. Mitigating damages leads to an impossibility of performance in a contract.

C. A condition subsequent must be met for mitigation to occur.

D. Damages can be mitigated only when concurrent conditions exist in a contract.

E. Whenever a contract gets waived, the breaching party must mitigate the damages incurred.


Anita contracts ValleyHeat Landscaping Corp. to landscape her hotel. Midway through the project, Valley Heat informs Anita that due to internal issues the company is shutting down. To avoid this from delaying the opening of her hotel and causing her loss in hotel revenue, she contracts another landscaping company to finish the project on time. This scenario is an example of ______.

A. mitigation – Correct

B. release of performance

C. liquidation

D. restitution

E. mediation


Contracts are

A. legally enforceable promises – Correct

B. always required to be written as per the Uniform Commercial Code (UCC) law.

C. a form of a circular.

D. enforceable in supreme courts but not in lower courts.

E. always informal agreements


Which of the following statements is true about contract laws?

A. Their application is confined to formally written documents.

B. They must be formal in order to be valid.

C. They enable private agreements to be legally enforceable – Correct

D. They are applicable to all business dealings that are against public policy too.

E. They are invalid in instances that involve implied “promises.”


In the context of contracts formed by promises, which of the following is an agreement containing mutual promises?

A. unilateral contract

B. quasi-contract

C. express-in-fact contract

D. bilateral contract – Correct


Madison promises Grace $10 if Grace collects her dry cleaning for her. This is an example of a(n) ______ contract.

A. bilateral

B. unilateral – Correct

C. voidable

D. void

E. unenforceable


Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention the prices. The server takes their order and both Fred and Betty enjoy the meal immensely. When the bill arrives, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating an offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked, “What may I get you tonight?” In the context of this scenario, which of the following statements is true?

A. Fred must pay based on an implied-in-fact contract theory – Correct

B. Fred must pay based on a promissory estoppel theory.

C. Fred must pay based on an express contract theory.

D. Fred is correct because no contract was formed.

E. Fred is correct because he and the server entered into an agreement without a written document.


A(n) ______ is one in which the promised terms of the contract are discussed by the parties.

A. express contract – Correct

B. reciprocal contract

C. implied contract

D. bilateral contract

E. unilateral contract


The doctrine of quasi-contracts is predominantly based on a(n)

A. reciprocal contract.

B. implied-in-law contract – Correct

C. express contract.

D. bilateral contract.

E. unilateral contract.


The remedy of quasi-contract generally applies only when

A. there are more than three parties in a contractual agreement.

B. no actual contract exists to cover the dispute – Correct

C. the contract is bilateral in nature.

D. no more than two parties expressly discuss the terms of their agreement.

E. implied warranties are included in a contract.


The ultimate purpose of a contract is the creation of an agreement that courts will order parties to perform or to pay consequences for the failure of performance. When courts uphold the validity of such promises, the resulting agreement is a(n) ______.

A. absolute contract

B. differentiated contract

C. void contract

D. relative contract

E. enforceable contract – Correct


A(n) ______ is one that appears to be an agreement but lacks an essential requirement for validity and enforceability.

A. voidable contract

B. unenforceable contract

C. void contract – Correct

D. valid contract

E. executed contract


A(n) ______ is one when parties have not performed their agreement.

A. executed contract

B. executory contract – Correct

C. express contract

D. exculpatory contract

E. unenforceable contract


A(n) ______ is an agreement when one party has the right to withdraw from the promise made without incurring any legal liability.

A. executed contract

B. voidable contract – Correct

C. void contract

D. implied-in-fact contract

E. reciprocal contract


Laborers working on a building are promised by their contractors that their wages would be paid at the end of every month. The laborers also in return promise to work from the beginning of the subsequent month. When the laborers have worked for the entire duration of the month and are awaiting their wages at the end of the month, the contract is ______.

A. void

B. executory – Correct

C. implied

D. executed

E. unilateral


In the context of implied warranties as defined by the Uniform Commercial Code (UCC), which of the following refers to the merchantability of goods?

A. The goods will be of fair average quality and conform to any labeling – Correct

B. The goods will be suitable for the buyer’s purpose if the seller is aware of it.

C. The goods will be delivered within two weeks of order.

D. The goods will be worth at least $500 or more.

E. The goods will be sold within states and not across states.


In the context of contracts formed by interactions of parties, which of the following arises from the conduct of the parties rather than from words?

A. express contracts

B. implied-in-fact contracts – Corrects

C. executed contracts

D. void contracts

E. adhesion contracts


A(n) ______ contains a specific promise and a specific demand.

A. consideration

B. revocation

C. offer – Correct

D. capacity

E. exculpation


Mayra offers to sell her home to Hanna for “about $100,000 plus closing costs.” Hanna accepts Mayra’s offer. Later, a dispute arises over the precise dollar amount of the purchase price. How will a court most likely resolve this dispute?

A. The court will determine a reasonable price to be paid by Hanna.

B. The court will determine that Hanna pay only the figures mentioned in the contract.

C. The court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna.

D. The court will require Hanna to pay the average of her price and Mayra’s price.

E. The court will declare the purchase price and terms too indefinite to create a binding contract – Correct


In the context of termination of an offer, ______ occurs when an offeror retracts the offer before the acceptance.

A. rejection

B. reversion

C. novation

D. revocation – Correct

E. rescission


Brett offers to sell his old but functioning cell phone to James for $65. James says he will accept the offer if Brett lowers the price to $60. James has

A. made an unequivocal acceptance.

B. made a counteroffer – Correct

C. demonstrated the exculpatory rule.

D. entered into an option contract.

E. entered into an executory contract.


Josh announces a reward of $500 for his dog, Ginger, that ran away from his house. Josh spreads the word only by pinning up posters in his neighborhood. Amanda, Josh’s colleague, sees Ginger and brings her back to Josh without ever seeing the poster. After returning the dog, Amanda sees one of the reward posters and returns to claim the money. In the context of this scenario, which of the following statements is true?

A. Amanda is not entitled to the money because the offer was not communicated to her.

B. Amanda is not entitled to the money because she is Josh’s colleague and acted in good faith.

C. Amanda is entitled to the money because the poster constituted an offer and is effective for the entire neighborhood.

D. Amanda is entitled to the money since performance of the requested act in the poster indicates acceptance – Correct

E. Amanda is not entitled to the money since she did not communicate the acceptance of the offer in writing.


According to the mirror image rule, ______.

A. the acceptance must exactly match the offer – Correct

B. a contract must be accepted in writing by both the parties involved to make it enforceable in the court of law

C. the acceptance of an offer involves changing the terms of the offer or adding new terms

D. one of the parties to a contract should be a minor

E. there has to be at least two or more counteroffers to bind a contract


Which of the following statements is true of silence as a method of acceptance?

A. An offeree’s silence implies that the offeree will make a counter offer.

B. Silence may well imply acceptance if the parties previously dealt with each other – Correct

C. When an offer specifies that silence indicates acceptance, the offeree has to respond.

D. Silence alone can be acceptance and the basis of a binding contract.

E. Silence leads to acceptance of an offer due to the mirror image rule.


The deposited acceptance rule is also known as the ______.

A. mirror image rule

B. mailbox rule – Correct

C. unilateral rule

D. bilateral rule

E. negotiation rule


According to the mailbox rule, a contract is formed

A. when the offer is mailed.

B. when the offer is received

C. when the acceptance is received.

D. when the acceptance is mailed – Correct

E. when the offer is converted to a written document.


Brandie is facing financial difficulties. Warren wants to help Brandie, and tells her that he will loan her $1,000. Later, Warren refuses to loan the promised money to Brandie. In the context of this scenario, which of the following statements is true?

A. Warren must loan the money to Brandie because a promise is made and consideration has nothing to do with the agreement.

B. Warren need not loan the money to Brandie because Brandie did not promise anything in return – Correct

C. Warren must loan the money to Brandie because he has entered into an implied-in-fact contract by promising her the money.

D. Warren does not have to loan the money to Brandie because of the mirror image rule.

E. Warren must loan the money to Brandie because he has entered into an executory contract by promising her the money.


Robert is about to graduate from his university. His parents tell him that as he is the first member of the family to graduate college, they want to buy him a new but inexpensive car. They have the money to buy the car, and Robert is excited to receive his gift. On graduation day, his

parents tell him that they have decided to use the car money for a vacation and that there will be no car. In this situation, can Robert sue his parents?

A. Robert can successfully sue based on promissory estoppel.

B. Robert can successfully sue based on the promise of a gift.

C. Robert cannot sue because the promise was not reasonable and did not follow the mailbox rule.

D. Robert cannot sue because he did not suffer any legal detriment in the receipt of the promise – Correct

E. Robert can sue since the promise is his legal benefit, and it is an implied-in-fact contract.


Valid consideration can include any promise to do something one has no obligation to do, refrain from doing something one has the right to do, or in the case of a unilateral contract, a performance when there is no obligation to do so. This is known as a(n) ______.

A. exculpation

B. legal detriment – Correct

C. release

D. negotiation

E. promissory estoppel


Aria asks Jessica if she can borrow an outfit for an office party and Jessica agrees. When Aria picks an outfit, Jessica refuses to give it to her. Which of the following statements is true of this situation?

A. Jessica has committed a breach of contract.

B. A bargained-for exchange has not occurred, so Jessica does not have to loan the outfit to Aria – Correct

C. Jessica has promised Aria something of value, so she must loan her the outfit.

D. The contract between Aria and Jessica is terminated as Aria makes a counteroffer.

E. Jessica has given a valid consideration, thereby making the agreement between her and Aria a binding contract.


The legal mechanism for evaluating the existence of an incentive for a person’s promise to establish a binding contract and acts as a receipt of a legal benefit or the suffering of a legal detriment is ______.

A. collusion

B. accord and satisfaction

C. consideration – Correct

D. reversion

E. novation


In which of the following cases does the legal power of the offeree to bind the offeror end?

A. When the offeree accepts the offer

B. When the offeror is declared insane before acceptance of the offer by the offeree – Correct

C. When the subject matter of the contract is destroyed after the acceptance of the offer

D. When the offeror accepts the counteroffer

E. When the offeror attempts to retract the offer after its acceptance by the offeree


Smith Inc. sends a letter dated August 1 to Cervaille Stores, offering to sell 20 table lamps to Cervaille Stores at $80 each. Cervaille Stores provides a consideration of $160 to Smith Inc. to keep the offer open for at least two weeks. In the second week of August, Smith Inc. receives an offer from Shine Retailers Inc. to purchase the table lamps at a price of $85 each. Can Smith withdraw its offer made to Cervaille Stores?

A. Smith cannot withdraw its offer as the agreement is in the form of an option – Correct

B. Smith cannot withdraw its offer since the doctrine of promissory estoppel is applicable.

C. Smith can withdraw its offer as the offer was simply an invitation to negotiate.

D. Smith cannot withdraw its offer as this is a firm offer.

E. Smith can withdraw its offer as the consideration makes it enforceable as a property transfer.


In contracts that are not between merchants selling goods, a promise to keep an offer open for a certain time period must be supported by the offeree’s consideration. Such agreement to not revoke an offer is called a(n) ______.

A. firm offer

B. option – Correct

C. promissory estoppel

D. novation

E. accord


An important exception to the rule requiring consideration to support a promise is the doctrine of ______. This doctrine arises when a promisee justifiably relies on a promisor’s promise to his or her economic injury.

A. firm offer

B. consideration

C. termination

D. promissory estoppel – Correct

E. accord and satisfaction


Systek 22 Inc. made a promise to Garrett offering him a job with an annual salary of $150,000 and at least two years of employment. Since Garrett had to move to New York for the new job, Systek 22 also offered to reimburse all of his moving expenses. Based on this promise, Garrett resigned from his job at another firm that offered him an annual salary of $100,000. When Garrett moved to New York, his employment with Systek 22 was terminated, because the company found a candidate who was willing to work for a lesser salary. Which of the following is true of this situation?

A. Garrett cannot sue Systek 22 since the promise was oral.

B. Garrett can sue Systek 22 under the doctrine of promissory estoppel – Correct

C. Garrett cannot file a lawsuit since a promise of employment is always subject to market conditions.

D. Garrett can sue Systek 22 only for the moving expenses that Garrett can prove he incurred.

E. Garrett cannot sue Systek 22 since the reasons for termination will be accepted in court as a legal detriment.


Which of the following terms refers to a person’s ability to be bound by a contract?

A. legality

B. capacity – Correct

C. usability

D. negotiability

E. measurability


If a minor fails to disaffirm a contract within a reasonable time after reaching majority, the minor is said to ______ the contract.

A. transcend

B. terminate

C. rescind

D. ratify – Correct

E. breach


Dustin, who is 17 years old, purchased a car from Speed Auto Sales Inc. for $1,000. The following year, Dustin’s father gifted him a brand new car on his 18th birthday. Dustin returned the car that he had purchased to Speed Auto Sales the next day, and he demanded his money back. At the time of disaffirmance, Dustin was 18—the age at which he was considered an adult in his jurisdiction. Will this disaffirmance be enforceable in the court of law?

A. The disaffirmance will not be enforceable since Dustin did not give Speed Auto Sales a signed revocation.

B. The disaffirmance will be enforceable since Dustin disaffirmed during the year he attained adulthood – Correct

C. The disaffirmance will not be enforceable since the disaffirmance must be written when the price exceeds $500.

D. The disaffirmance will be enforceable since courts and laws always rule in the favor of minors.

E. The disaffirmance will not be enforceable since Dustin attained adulthood, and disaffirmance can be expressed only by a minor.


Tristam, an insurance agent, wants Philomena to purchase the insurance policy of his choice. Despite Philomena’s resistance to accept his offer, Tristam compels her to purchase the policy by exerting his physical force on her and forces her to sign the insurance documents. Which of the following has been most likely used by Tristam to complete the contract arrangements?

A. duress – Correct

B. misrepresentation

C. undue influence

D. misstatement

E. fraud


Tony’s Carpets Inc. wants to charge $9.80 a yard for installing a carpet for Serenity Bookstore but accidentally states $8.90 a yard in the bid. Serenity Bookstore accepts Tony’s Carpets’ bid. Tony’s Carpets made a ______.

bilateral mistake

unilateral mistake – Correct

mutual mistake

rescission mistake

contractual mistake


Which of the following terms refers to force or threat of force?

A. rescission

B. misrepresentation

C. undue influence

D. duress – Correct

E. revocation


Which of the following statements is true about the acceptance of an offer?

Bilateral contracts are predominantly accepted by the offeree performing the act.

Unilateral contracts are accepted by making a promise.

The language of an offer is optional in determining the nature of contract and its acceptance.

Counteroffer usually means an acceptance of an offer.

Acceptance must follow the mirror image rule to create a binding contract – Correct


Which of the following statements is true about the consideration in a contract?

A. Courts usually enforce contractual promises in the absence of consideration.

B. The amount of the consideration is the most important and relevant part of a contract for a legal action.

C. The consideration must be contemporaneous and a part of both parties’ understanding of the contract terms – Correct

D. The consideration in any unilateral contract is usually absent.

E. Performance made before parties discuss their agreement counts as a consideration.


Which of the following statements is true about a promise to make a gift?

A. Upon delivery of the item, a true gift can be enforceable as a property transfer – Correct

B. Promissory estoppel prevents a gift from being enforceable.

C. A promise to make a gift is binding as a contract as it usually supports the bargain.

D. A promise to make a gift becomes an option when it has a clause in the agreement that revokes the gift.

E. Insignificant consideration in return for a great one raises concerns that the exchange is actually not a gift.


Which of the following statements is true about minors as parties to a contract?

A. A contract into which a minor has entered is voidable at the election of the minor – Correct

B. A minor can be legally bound to contractual promises involving necessaries of life such as shelter and medical care.

C. In a number of states, courts do not hold a minor who has misrepresented his or her age.

D. A minor can explicitly ratify a contract and forego disaffirmance even before reaching the age of majority.

E. Upon ratification, a minor gains the right to disaffirm.


Which of the following statements is true about adhesion contracts?

A. They are a common type of unconscionability – Correct

B. They exclude any standard form contracts.

C. They are generally unenforceable in a court of law.

D. They provide substantial opportunity for revision for all parties involved in a contract.

E. They are usually drafted by multiple parties in a contract.


Which of the following statements is true about intoxicated and mentally incompetent persons in a contract?

A. A court of law legally terms mentally incompetent persons as “infants” to a contract.

B. A court prevents intoxicated persons from making a contract voidable in any circumstance.

C. The capacity to contract is simply lost due to intoxication and mental incompetency even before a court can adjudge a person of such mental incompetency.

D. A court measures capacity to contract by whether an adult is capable of understanding the nature and purpose of the contract – Correct

E. The complexity of a contractual transaction and the mental capacity of an adult are irrelevant in controlling the right to disaffirm a contract.


Vincent agrees to sell 10 cartons of footwear to a local retail outlet at $150 for each carton. Each carton is to contain 30 pairs of footwear, but the local retail outlet finds that most of the cartons have only 25 pairs of footwear. The retail outlet decides to sue Vincent, but they decide to settle the matter outside the court in order to reduce the expenses involved in a lawsuit. Both parties finally agree to revise the rate of each carton to $135 with each carton containing 25 pairs of footwear. This settlement is an example of ______.

A. accord and satisfaction – Correct

B. duress

C. mutual mistake

D. undue influence

E. promissory estoppel


Miguel offers to sell Nisha 100 laptops at $50 each. Nisha ponders over the offer but mails her acceptance that evening to Miguel. Before her acceptance reaches Miguel, Miguel finds another buyer who is willing to pay $70 each for the laptops. Miguel sends a revocation mail the next day to cancel his initial offer to Nisha, but a storm has hit the city causing the mail services to halt temporarily. Which of the following statements is true about this situation?

A. As per the mirror image rule, Nisha cannot sue Miguel for revoking his initial offer.

B. Miguel can use the doctrine of the promissory estoppel to defend his right to find and sell his laptops to another buyer.

C. As per the mailbox rule, Miguel cannot revoke his initial offer to Nisha as she had accepted his offer – Correct

D. Nisha cannot sue Miguel as the deposited acceptance does not create a binding contract despite Miguel’s revocation.

E. Nisha cannot sue Miguel as the storm prevents Miguel from mailing his revocation.


Harry regularly shipped 100 cartons of electronic goods to Keith on the 15th of every month as per the original agreement. He had been continuing this shipment routine for over a year. On the 20th day of one of the months, Keith refused the goods as he did not want Harry to ship those goods to him and had never accepted any such offer of goods. Harry had not received any prior notification to cancel the shipment of goods. Which of the following statements is true of this situation?

A. Keith can sue Harry based on the doctrine of promissory estoppel.

B. Keith’s prior act of dealing and conduct with Harry confirms acceptance of the offer – Correct

C. Harry used duress in controlling the terms of the offer.

D. Keith can sue Harry based on the misstatement of the facts of the offer.

E. Harry should have ensured only partial delivery of goods as he received no oral confirmation from Keith about the shipment of goods.


In the context of legal capacity of parties to a contract, who among the following are also called infants in a contract?

A. intoxicated persons

B. physically impaired persons

C. mentally impaired persons

D. minors – Correct

E. non-merchants


Which of the following statements is true about the laws under the Uniform Commercial Code (UCC)?

A. The laws of the UCC exclude individuals but include firms and charitable trusts in their scope.

B. The laws of the UCC permit sales of goods to have open nonquantity terms to be decided at a future time – Correct

C. Section 2-207 of the UCC applies the mirror image rule for contracts involving the sale of goods.

D. The laws of the UCC allow the rules of consideration to apply to firm offers.


Which of the following is an exception to the statute-of-frauds requirement that sale-of-goods contracts be in writing?

A. a contract involving goods that are worth at least $500

B. a contract involving the sale of land

C. a contract for goods for which payment has been made – Correct

D. a contract for a service that lasts for 5 years

E. a collateral promise to pay another’s debt


Which of the following types of contracts are beyond the scope of application of the statute of frauds?

A. contracts for sale of goods worth $500 or more

B. contracts for mortgages, mining rights, and easements

C. oral contracts for services that last more than 20 months – Correct

D. collateral contracts to pay the debt of another person

E. contracts involving interest in land


Which of the following statements is true about property?

A. People can privately own every resource, especially every resource of use.

B. A private property in a resource can be created if you can legally exclude others from that resource – Correct

C. The federal law has little control over the exercise of ownership or sale of any type of property across all states.

D. A property is usually infinite but has an ambiguous boundary.

E. A property includes resources but not the use of resources.


In the context of legal framework, which of the following statements is true about the property system?

The state takes ownership of resources directly as a result of legislation provided.

The citizens acquire resources primarily through taxation.

The state enforces rights when people legally have exclusive property rights in scarce resources – Correct

The state primarily plans what people should do and allocates the resources.

The state limits and excludes any redistribution of resources through voluntary exchange.


Mike gives Maria a life estate in one of the homes he owns. Maria lives there for a while and then accepts a job in another state, so she gives the property to her sister Jackie as it is permissible. Jackie owns the property until

A. Mike revokes the life estate.

B. Maria dies – Correct

C. Mike dies.

D. the life estate is taken over by the government.

E. Maria returns to the life estate.


Which of the following statements is true about the property boundaries in the physical world?

A. The physical dimension of tangible personal property is the most difficult to define.

B. Law rather than intuition should ideally provide physical boundaries for a real property – Correct

C. The physical boundaries for real property are relatively easier to establish than for other forms of property.

D. An individual rather than the law defines and sets forth the boundaries of an intellectual property or a security.

E. The law regarding physical boundaries is fixed across all the states regardless of the type of land involved.


In the context of real property, when an object of personal property becomes an object of real property by physical annexation (attachment), it is known as a(n) ______.

fixture – Correct

gift

fee simple

lien

accession


Sarah has given 24 acres of land to Kent County as long as the land is used as a park. In this case, Kent County has a

A. life estate.

B. fee simple defeasible – Correct

C. fee simple absolute.

D. tenancy in common.

E. warranty deed.


Which of the following is an example of intangible property?

A. cars

B. books

C. clothing

D. securities – Correct

E. land


Which of the following is an example of a bailment done for the sole benefit of the bailee?

A. borrowing a laptop – Correct

B. renting a car

C. babysitting for free

D. finding lost or misplaced property

E. using a car without permission


Which of the following statements is true about concurrent ownership?

A. The property interest is divided in joint tenancy.

B. The joint tenants can have unequal ownership of shares.

C. The tenants in common can own different shares of the resource – Correct

D. The tenants in common can have the right of survivorship.

E. The ownership is divided such that each concurrent owner owns a specific piece of the resource.


The Homestead Act of 1862 illustrates ownership through ______.

A. possession – Correct

B. exchange

C. gifting

D. confusion

E. accession


A ______ makes no guarantees other than that the grantor surrenders all claim against the land.

A. simple warranty deed

B. trust deed

C. quitclaim deed – Correct

D. special warranty deed

E. fiduciary deed


Which of the following is a similarity between joint tenancy and tenancy in common?

A. In both these forms of ownership, the property interest is divided.

B. In both these forms of ownership, the tenants can own different shares of the resource.

C. In both these forms of ownership, the tenants can exercise right of survivorship.

D. In both these forms of ownership, the tenants can have disproportionate ownership of share.

E. In both these forms of ownership, the tenants can force the separation of ownership under the doctrine of partition – Correct


Which of the following statements is true of an easement?

A. It creates ownership of the land in question.

B. It exists for the benefit of pharmaceutical corporations.

C. It occurs when landlocked property is purchased.

D. It creates a leasehold estate.

E. It places a particular use of land behind the exclusive legal fence – Correct


The rules of a testamentary gift require that such a gift pass ownership by

A. mere delivery.

B. transfer of interest.

C. death of the donor and proving of a valid will that specifies the gift. – Correct

D. providing evidence of the physical existence of the gift and the transferor.

E. physical transfer to the donee.


A ______ promises the grantee that the grantor has good ownership and the full power to convey it.

A. special warranty deed

B. pass title deed

C. quitclaim deed

D. freehold deed

E. warranty deed – Correct


Which of the following statements is true about adverse possession?

A. The practice of adverse possession requires that possession be interrupted to grant ownership.

B. The possessor should have the owner’s permission to be on the land.

C. The practice of adverse possession discourages land use.

D. The practice of adverse possession increases the possibilities of an absent owner to claim rights many years down the road.

E. The most common way to destroy a claim of adverse possession is to sue for trespass – Correct


Mike rents a car from Brandy Car Rentals at $40 per day. In this scenario, which of the following statements is true?

A. This is a bailment for the sole benefit of the bailor.

B. Brandy is the bailee.

C. Mike owes the duty of slight care.

D. Mike is under a duty to use “reasonable care” to take care of the car – Correct

E. This is a bailment for the sole benefit of the bailee.


Vincent conveys his land to his friend “as long as it is used for non-commercial purposes.” A few months later, Vincent finds out that his friend has been using the land as a parking garage for tourists and charging unreasonable rates. In this case, Vincent’s friend would most likely be in violation of the ______.

A. remainder interest

B. future interest

C. fee simple absolute

D. fee simple defeasible – Correct

E. reversion interest


Solomon plans to sell his property. He intends to sell the cattle on his property to the prospective buyer but not the clothes and the household goods. Which of the following is the reason for the clothes and the household goods not being sold with the house?

A. The clothes and household goods are intangible goods.

B. The clothes and household goods are fixtures.

C. The clothes and household goods are personal property – Correct

D. The clothes and household goods form real property.

E. The clothes and household goods are abandoned.


Simon’s relatives come to visit him and want him to show them around the town. Linda helps Simon by lending him her car for a week. This is an example of a(n):

A. bailment for the sole benefit of the bailor.

B. easement by prescription.

C. bailment for the sole benefit of the bailee – Correct

D. bailment for the mutual benefit of the parties.

E. easement by necessity.


Which of the following exclusively applies to real property?

A. securities

B. books

C. clothing

D. bailments

E. easements – Correct


Seth takes his laundry to Denise’s Dry Cleaners. When Seth gets his clothes back, he notices that two of his shirts, perfect when brought in, are ripped. In this scenario, which of the following statements is true?

A. This was a mutual benefit bailment, and Denise’s owed a duty of reasonable care – Correct

B. This was a bailment for the sole benefit of the bailee, and Denise’s owed a duty of slight care.

C. This was a bailment for the sole benefit of the bailor, and Denise’s owed a duty of great care.

D. This was not a bailment.

E. This was an unintentional bailment, so Denise’s does not owe a duty of care.


Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruth’s home. Ruth offers the brooch to Marcy who accepts it. Ruth then gives Marcy the only key to the safe. According to the information given, which of the following statements is true?

A. This is not a valid gift because there has been no delivery.

B. This is a valid gift because the gift is a physical entity.

C. This is a testamentary gift, and Marcy can claim the gift only after Ruth’s death.

D. This is a valid gift because there has been a constructive delivery – Correct

E. This is not a valid gift because Ruth must provide a document for chain of custody.


Goods that are identical are known as a(n) ______.

A. fungible – Correct

B. accession

C. lien

D. gifts

E. collateral


Identify a correct statement regarding joint tenants.

A. Joint tenants do not have the right of survivorship.

B. Joint tenants must have equal ownership shares – Correct

C. The property of joint tenants is owned through fee simple absolute and fee simple defeasible.

D. If one of the joint tenants dies, the remaining tenant is allowed to take ownership of only his or her share.

E. Joint tenants cannot force the separation of concurrent ownerships like the tenants in common.


Vincent keeps his bag of books and magazines at his friend’s storeroom, as he believes that he will not be using it for a few months. This is an example of a(n) ______.

A. bailment for the sole benefit of the bailor – Correct

B. easement by prescription

C. bailment for the sole benefit of the bailee

D. negative easement

E. easement by necessity


Which of the following statements is true about bailment?

A. In a bailment for the sole benefit of the bailee, the possessor of the object is known as the bailor.

B. In a bailment, the possessor of the object is predominantly the owner.

C. In the business world, most bailments are of mutual benefit to both parties – Correct

D. In a mutual benefit bailment, the bailee is under a duty to use high care in taking care of the object in possession.

E. In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care while in possession of the object.


You and your roommate are driving through a residential area when you see some furniture piled on the curb to be picked up by the trash collectors the next morning. As you pick up a chair, the homeowner opens a window and yells, “Get away from my stuff.” Which of the following statements is true in this scenario?

A. You may claim the chair as lost property.

B. You may claim the chair as mislaid property.

C. You may claim the chair as abandoned property – Correct

D. The homeowner retains ownership until it is picked up the next morning, so you must leave it.

E. The homeowner retains ownership of the property until you buy it from him.


Which of the following statements is true about lost items?

A. The law distinguishes things that have been lost from things that have simply been mislaid – Correct

B. The things that have been lost belong to the person who owns the premises where the item was lost.

C. The finder of a lost item becomes the owner of the item even before reducing it to possession.

D. The ownership is lost at the end of a statutory period for the finder of a lost item.

E. The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item.


Josh borrows Amanda’s car to get to school. Josh is obligated to exercise ______.

A. the level of care imposed by Amanda

B. a reasonable duty of care

C. a slight duty of care

D. the level of care imposed by Amanda’s parents

E. a very high duty of care – Correct


Which of the following is a mutual benefit bailment?

A. renting a car – Correct

B. lending your car to a friend without receiving consideration

C. borrowing a car from a friend without paying consideration

D. buying a car

E. riding a bus


A(n) ______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse.

A. easement by prescription

B. negative easement – Correct

C. mutual benefit bailment

D. eminent domain

E. accession


In 2008, Donald gives Tony a life estate in one of his houses, specifying that upon the end of the life estate, the property is to go to Tony’s son, Mike. Tony dies in 2012. In this scenario, which of the following statements is true?

A. If Donald is still alive, he may revoke the transfer to Mike and keep the property.

B. Mike gets a reversion interest in 2012.

C. Mike gets a remainder interest in 2012 – Correct

D. In 2012, Mike and Donald become joint tenants until Donald’s death when Mike becomes the sole owner.

E. The property is held in trust until Mike comes of age.


When the owner of an old airplane engine has it restored and has an airplane built around it, the owner of the engine now owns the entire airplane through the doctrine of ______, which refers to something “added.”

A. accession – Correct

B. collateral

C. eminent domain

D. negative easement

E. easement by prescription


Which of the following is an example of a bailment?

A. babysitting your sister’s child for the weekend

B. house-sitting for a friend over the weekend

C. feeding a neighbor’s dog by tossing food over the fence

D. borrowing a friend’s car for a day – Correct

E. losing your car keys in a restaurant


Ben lives in an apartment building next to a children’s park. He is in his apartment when a baseball flies in through the window and lands in his room. Which of the following statements is true of this scenario?

A. Ben must return the baseball to the owner immediately as it is not an object of great value.

B. Ben can keep the baseball because of the rule of first possession – Correct

C. The owner of the apartment building must take the final decision as the baseball landed on his premises.

D. The owner of the baseball can exercise his right of eminent domain and claim the baseball.

E. The baseball must be turned over to police and can only be claimed after a week has passed.


Which of the following types of easement is also called easement by necessity?

A. negative easement

B. easement by prescription

C. easement by reservation

D. natural easement – Correct

E. functional easement


Ivana’s car was stolen. The car needed some repairs and the thief, Donald, had the rearview mirror replaced as well as the muffler. Donald was apprehended and the car was returned to Ivana. In this scenario, which of the following is true?

A. Ivana owns the car but Donald owns the rearview mirror and muffler.

B. Ivana owns the car but must pay Donald for the rearview mirror and muffler.

C. Donald becomes the owner of the car due to accession.

D. Ivana owns the car and owes Donald nothing – Correct

E. Donald and Ivana both own the car as both have contributed equally to the finished product.


Which of the following statements is true of an easement?

A. A negative easement is otherwise known as easement by necessity in many states.

B. An easement can also be reserved in a deed – Correct

C. An easement usually excludes any such uses of land as the laying of water pipes or the stringing of power wires across land.

D. A titleholder can prevent a person from continuing to use the land in instances where an easement by prescription arises.

E. An easement works exclusively without the rights of passage across the land.


A secured transaction involves a creditor who has sold something on credit or made a loan to a debtor who agrees to give the creditor a security interest in a valuable object, called ______.

A. collateral – Correct

B. gift

C. lien

D. easement

E. reversion


The general way of perfecting a security interest under Article 9 is to file a(n)

A. artisan’s lien.

B. financing statement – Correct

C. deed of trust.

D. warranty deed.

E. creditor’s instrument.


Rachel owns a beach house and wants to build a deck. Zoning restrictions limit decks to 120 square feet, but Rachel wants to build one that is 144 square feet. Which of the following should Rachel do next?

A. She can go ahead and build it as the law permits that once the deck is built it cannot be brought down.

B. She should ask for a nonconforming exemption.

C. She should ask for a variance – Correct

D. She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions.

E. She should lobby her local zoning board to force them to change the restriction as that is the only plausible recourse.


In many states, if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor, the creditor-mortgagee can still sue the debtor for the balance owed, called a(n) ______.

A. collateral

B. deficiency – Correct

C. attachment

D. perfection

E. accession


A(n) ______ arises when someone contributes materials and/or services to real estate, usually a building, and is not paid.

A. general lien

B. chattel lien

C. surety lien

D. mechanic’s lien – Correct

E. assayer’s lien


If your home is being foreclosed on, you may retain ownership of the property if you pay the full amount of the debt before the sale. This is called a

A. right of revision.

B. right of recovery.

C. right to cure deficiency.

D. right of redemption – Correct

E. right to debt forgiveness.


Under the deed of trust, a third party who holds the full ownership to a land is called a ______.

A. bailor

B. bailee

C. trustee – Correct

D. debtor

E. mortgagee


______ is the term used for the exercise of the secured property interest, which usually means that the creditor must go through the court system to ensure that procedures are properly followed before debtors lose their homes and land.

A. Lien

B. Easement

C. Redemption

D. Deficiency

E. Foreclosure – Correct


The legal foundation for federal taxation is found in ______.

A. yearly power grants from each of the individual states

B. the Declaration of Independence

C. Article 1, Section 8 of the United States Constitution – Correct

D. the Congressional Budget and Impoundment Control Act, which created the Congressional Budget Office

E. the Transportation Equity Act


Landon, an 80-year-old, writes a trust that states that his property is to go to his “great-great-great grandchild” upon his death. At the time of creating the trust, his only child is one year old. In this scenario, which of the following statements is true about the validity of the trust?

A. The trust is valid, but the property must wait until the great-great-great grandchild is born to be transferred.

B. The trust is invalid due to the rule against eventualities.

C. The trust is valid due to the rule of progression.

D. The trust is invalid due to the rule against perpetuities – Correct

E. The trust is valid, but the property must wait until Landon’s child dies to be transferred.


Danny has five pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one wants to buy the house due to the dogs. In this scenario, if Terry takes Danny to court, what should Danny be held liable for by Terry?

A. a public nuisance

B. a private nuisance – Correct

C. an adverse possession

D. an eminent domain

E. an accession


Stephen, a private individual, intends to bring a public nuisance claim against a textiles plant because its runoff is destroying the natural habitat of the local river’s beaver population. Which of the following will permit Stephen to bring a valid claim?

A. Stephen is the leading aquatic biodiversity scientist in the state.

B. Stephen traps the beavers for a living.

C. The state owns the textile plant.

D. The runoff has caused substantial damage to Stephen’s property – Correct

E. The governor owns the textiles plant.


Which of the following is beyond the scope of zoning ordinances?

A. to separate commercial districts from residential districts

B. to specify the number of buildings that can be built on land

C. to enforce ethnic or gender diversity – Correct

D. to impose specific color requirements

E. to specify a specific design for all buildings in an area


What type of laws divides counties or municipalities into use districts designated residential, commercial, or industrial?

A. purchase money security interest

B. zoning ordinance – Correct

C. adverse possession

D. eminent domain

E. partitioning


The ______ limits all exercise of property over resources to a duration of “lives in being plus twenty-one years.”

A. rule of transaction

B. rule against perpetuities – Correct

C. rule of first possession

D. rule against lateral transfers

E. rule against eventualities


Which of the following is an example of intangible property?
A. land
B. cars
C. securities – Correct
D. books
E. clothing


Which of the following statements is true about property?
A. A property includes resources but not the use of resources.
B. A private property in a resource can be created if you can legally exclude others from that resource – Correct
C. People can privately own every resource, especially every resource of use.
D. The federal law has little control over the exercise of ownership or sale of any type of property across all states.
E. A property is usually infinite but has an ambiguous boundary.


Which of the following types of easement is also called easement by necessity?
A. natural easement – Correct
B. easement by reservation
C. easement by prescription
D. negative easement
E. functional easement


Which of the following statements is true about concurrent ownership?
A. The ownership is divided such that each concurrent owner owns a specific piece of the resource.
B. The property interest is divided in joint tenancy.
C. The tenants in common can have the right of survivorship.
D. The joint tenants can have unequal ownership of shares.
E. The tenants in common can own different shares of the resource – Correct


A ______ makes no guarantees other than that the grantor surrenders all claim against the land.
A. special warranty deed
B. fiduciary deed
C. quitclaim deed – Correct
D. simple warranty deed
E. trust deed


Landon, an 80-year-old, writes a trust that states that his property is to go to his “great-great-great grandchild” upon his death. At the time of creating the trust, his only child is one year old. In this scenario, which of the following statements is true about the validity of the trust?
A. The trust is invalid due to the rule against eventualities.
B. The trust is invalid due to the rule against perpetuities – Correct
C. The trust is valid, but the property must wait until the great-great-great grandchild is born to be transferred.
D. The trust is valid due to the rule of progression.
E. The trust is valid, but the property must wait until Landon’s child dies to be transferred.


Solomon plans to sell his property. He intends to sell the cattle on his property to the prospective buyer but not the clothes and the household goods. Which of the following is the reason for the clothes and the household goods not being sold with the house?
A. The clothes and household goods are personal property – Correct
B. The clothes and household goods form real property.
C. The clothes and household goods are abandoned.
D. The clothes and household goods are fixtures.
E. The clothes and household goods are intangible goods.


Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and is the only item in a safe in Ruth’s home. Ruth offers the brooch to Marcy who accepts it. Ruth then gives Marcy the only key to the safe. According to the information given, which of the following statements is true?
A. This is not a valid gift because Ruth must provide a document for chain of custody.
B. This is a valid gift because there has been a constructive delivery – Correct
C. This is a testamentary gift, and Marcy can claim the gift only after Ruth’s death.
D. This is not a valid gift because there has been no delivery.
E. This is a valid gift because the gift is a physical entity.


In the context of real property, when an object of personal property becomes an object of real property by physical annexation (attachment), it is known as a(n) ______.
A. gift
B. lien
C. fee simple
D. accession
E. fixture – Correct


Which of the following statements is true about bailment?
A. In the business world, most bailments are of mutual benefit to both parties – Correct
B. In a bailment for the sole benefit of the bailee, the possessor of the object is known as the bailor.
C. In a bailment, the possessor of the object is predominantly the owner.
D. In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care while in possession of the object.
E. In a mutual benefit bailment, the bailee is under a duty to use high care in taking care of the object in possession.


______ is the term used for the exercise of the secured property interest, which usually means that the creditor must go through the court system to ensure that procedures are properly followed before debtors lose their homes and land.
A. Foreclosure – Correct
B. Redemption
C. Easement
D. Deficiency
E. Lien


In 2008, Donald gives Tony a life estate in one of his houses, specifying that upon the end of the life estate, the property is to go to Tony’s son, Mike. Tony dies in 2012. In this scenario, which of the following statements is true?
A. Mike gets a remainder interest in 2012 – Correct
B. Mike gets a reversion interest in 2012.
C. The property is held in trust until Mike comes of age.
D. If Donald is still alive, he may revoke the transfer to Mike and keep the property.
E. In 2012, Mike and Donald become joint tenants until Donald’s death when Mike becomes the sole owner.


Mike gives Maria a life estate in one of the homes he owns. Maria lives there for a while and then accepts a job in another state, so she gives the property to her sister Jackie as it is permissible. Jackie owns the property until
A. Maria returns to the life estate.
B. Mike revokes the life estate.
C. Mike dies.
D. Maria dies – Correct
E. the life estate is taken over by the government.


Which of the following exclusively applies to real property?
A. bailments
B. easements – Correct
C. clothing
D. books
E. securities


Identify a correct statement regarding joint tenants.
A. Joint tenants must have equal ownership shares – Correct
B. The property of joint tenants is owned through fee simple absolute and fee simple defeasible.
C. Joint tenants cannot force the separation of concurrent ownerships like the tenants in common.
D. If one of the joint tenants dies, the remaining tenant is allowed to take ownership of only his or her share.
E. Joint tenants do not have the right of survivorship.


Stephen, a private individual, intends to bring a public nuisance claim against a textiles plant because its runoff is destroying the natural habitat of the local river’s beaver population. Which of the following will permit Stephen to bring a valid claim?
A. The state owns the textile plant.
B. Stephen is the leading aquatic biodiversity scientist in the state.
C. Stephen traps the beavers for a living.
D. The runoff has caused substantial damage to Stephen’s property – Correct
E. The governor owns the textiles plant.


Which of the following statements is true of an easement?
A. It exists for the benefit of pharmaceutical corporations.
B. It creates a leasehold estate.
C. It creates ownership of the land in question.
D. It places a particular use of land behind the exclusive legal fence – Correct
E. It occurs when landlocked property is purchased.


Which of the following statements is true about lost items?
A. The finder of a lost item becomes the owner of the item even before reducing it to possession.
B. The things that have been lost belong to the person who owns the premises where the item was lost.
C. The law distinguishes things that have been lost from things that have simply been mislaid – Correct
D. The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item.
E. The ownership is lost at the end of a statutory period for the finder of a lost item.


What type of laws divides counties or municipalities into use districts designated residential, commercial, or industrial?
A. eminent domain
B. adverse possession
C. purchase money security interest
D. partitioning
E. zoning ordinance – Correct


Mike rents a car from Brandy Car Rentals at $40 per day. In this scenario, which of the following statements is true?
A. Brandy is the bailee.
B. Mike is under a duty to use “reasonable care” to take care of the car – Correct
C. This is a bailment for the sole benefit of the bailee.
D. Mike owes the duty of slight care.
E. This is a bailment for the sole benefit of the bailor.


Your neighbor’s water line crosses your property because you gave the neighbor a/an ____.
A. Adverse Possession
B. Deed
C. Easement – Correct
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


When the city changes the permitted uses of your property they will use a/an _____.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance – Correct


Property is deeded to Bart a 40% interest, to Lisa a 25% interest and to Maggie a 35% interest. This is an example of _____. Hint: When Maggie dies, and her heirs get her 35% interest.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common – Correct
P. Title
Q. Zoning Ordinance


Making too much noise and bothering the neighbor is an example of this.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance – Correct
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


The most complete estate, the most complete legal interest in land.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple – Correct
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


Property is deeded to Bart for the life of Marge, then to Lisa.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate- Correct
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


A couch would be this type of property.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property – Correct
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


You invent a new software. A patent in the new software would be this type of property.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property – Correct
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


If a neighboring landowner builds a fence that encroaches 3 feet onto your property, the landowner may eventually acquire title through ____.
A. Adverse Possession – Correct
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


A hot sauce factory that emits such strong fumes that people in the town have burning eyes and sore throats is an example of this.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance – Correct
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance


When you sell your house, it is a good idea to put in the contract which items are ___(s) and which are not, so that the buyer will know what things (such as bookshelves and window blinds) that you plan to remove from the house.
A. Adverse Possession
B. Deed
C. Easement
D. Fee Simple
E. Fixture – Correct
F. Intangible Personal Property
G. Joint Tenancy
H. Life Estate
I. Mortgage
J. Personal Property
K. Private Nuisance
L. Property
M. Public Nuisance
N. Real Property
O. Tenancy in Common
P. Title
Q. Zoning Ordinance

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