Question 2

Sheldon, an financial planner, convinces his client Penny to invest her savings in Hofstadter Corp, a company owned in part by Sheldon. There is clear and convincing evidence that Sheldon used his position as financial planner, and the information he had about Penny's financial situation to pressure her to make the investment. This is

Group of answer choices

fraudulent misrepresentation.

undue influence.

mistake.

duress.

Question 3

Clark enters into a contract with Lois to design several different flower arrangements for a party at Lois's home. Clark provides 35% of the designs by the time specified in the contract because he is busy with other projects. Clark's performance is most likely

Group of answer choices

a material breach.

a minor breach.

a reasonable breach.

no breach.

Question 4

Lindsay's Interior Design has a contract to renovate Brian's historic hotel. If Lindsay completes most of the work promised, her performance will be

Group of answer choices

conditional.

complete.

material.

substantial.

Question 5

Judy, the sales representative for Jetson Winery wants to sell four cases of specialty wine for $2,400. In e-mail, however, Judy mistakenly offers to sell the wine to Elroy's Fine Dining for $2,0, a reasonable price. Elroy accepts the offer by e-mail. Jetson's

Group of answer choices

is bound to the deal at the offered price.

can rescind the deal.

is bound to the deal but can charge the intended price.

can rescind the deal and recover damages for the mistake.

Question 6

Derek enters into a contract to paint Lydia's house in exchange for payment. Derek paints the house. Lydia's duty to pay is

Group of answer choices

discharged.

conditioned.

absolute.

qualified.

Question 7

All of the following are required in the offer for any contract (UCC or common law) EXCEPT

Group of answer choices

a description of the parties' capacity to contract so the court knows that they are able.

intent judged objectively.

definiteness of terms so a court can figure out what to enforce.

communication of the offer in the way the offeror wants to communicate it.

Question 8

Guardian Day Care hires Louisa to work as a front desk clerk for a certain salary for one year. Louisa accepts the offer. This is a valid contract because it includes

Group of answer choices

a price and a subject.

a duration and a termination.

an offer and an acceptance.

specific quality standards.

Question 9

Marcia, a realtor, sells her friend Peters house without charging him a commission. After the sale, Peter promises to give Marcia $1,000 in appreciation. This promise is not an enforceable contract because

Group of answer choices

the house has already been soldthe consideration is past.

selling the house was the realtor's preexisting duty.

selling the house was a foreseen difficulty.

the promise of a payment of $1,000 is illusory.

Question 10

Curtis says to Betsy, I would like to sell you my sofa. This statement is

Group of answer choices

an offer.

an invitation to negotiate, not an offer.

an ad, not an offer.

a request, not an offer.