Business Law 8th Edition by Cheeseman Test Bank

Description

Business Law, 8e (Cheeseman)
Chapter 11 Consideration and Promissory Estoppel

1) To be enforceable, a contract must be supported by consideration.
Answer: TRUE
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

2) If a contract that was lacking in consideration is performed by the parties, the parties cannot subsequently assert lack of consideration to undo the performed contract.
Answer: TRUE
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

3) Promissory estoppel is an equity doctrine that permits parties to enforce of a contract that includes consideration.
Answer: FALSE
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

4) A promise is something of legal value given in exchange of a consideration.
Answer: FALSE
Diff: 1
Topic: Consideration
Skill: Legal Concepts

5) Forbearance of a legal right can be provided as consideration.
Answer: TRUE
Diff: 1
Topic: Consideration
Skill: Legal Concepts

6) A consideration need not be of legal value to be enforceable.
Answer: FALSE
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

7) A contract is considered to be supported by legal value if the promisor suffers a legal detriment.
Answer: FALSE
Diff: 1
Topic: Consideration
Skill: Legal Concepts

8) Considerations can only be monetary or economic in nature.
Answer: FALSE
Diff: 1
Topic: Consideration
Skill: Legal Concepts
9) An out-of-court settlement in exchange for dropping a lawsuit is an example of consideration.
Answer: TRUE
Diff: 1
Topic: Consideration
Skill: Legal Concepts

10) A contract is considered to be supported by legal value if the promisee receives a legal benefit.
Answer: FALSE
Diff: 1
Topic: Consideration
Skill: Legal Concepts

11) For a gift promise to be enforceable, the promisee must offer a consideration.
Answer: TRUE
Diff: 1
Topic: Gift Promise
Skill: Legal Concepts

12) A gift promise requires the promisee to provide consideration.
Answer: FALSE
Diff: 1
Topic: Gift Promise
Skill: Legal Concepts

13) A gift promise is enforceable if the promisor withdraws from his promise.
Answer: FALSE
Diff: 1
Topic: Gift Promise
Skill: Legal Concepts

14) A completed gift promise cannot be rescinded for lack of consideration.
Answer: TRUE
Diff: 1
Topic: Gift Promise
Skill: Legal Concepts

15) Contracts based on illegal consideration are valid.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

16) Illusory promises require both parties to perform their contractual obligations.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts
17) Illusory promises are enforceable if one of the parties has performed their contractual obligation.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

18) An illusory promise is an example of a contract that lacks consideration.
Answer: TRUE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

19) Preexisting duty promise is unenforceable because of the introduction of a new consideration.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

20) The preexisting rule allows for midstream changes to be enforceable in a contract.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

21) A promise based on past consideration is not enforceable.
Answer: TRUE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

22) Contracts falling under past consideration are unenforceable due to a preexisting consideration.
Answer: TRUE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

23) A new promise can include a past consideration for it to be enforceable.
Answer: FALSE
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

24) In an output contract, the buyer agrees to make all of its purchase from one buyer.
Answer: FALSE
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts
25) Output contracts serve the legitimate business purposes of assuring the seller of a purchaser for all its output.
Answer: TRUE
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

26) A requirements contract is a contract in which a buyer agrees to purchase all of its requirements for an item from one seller.
Answer: TRUE
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

27) A requirements contract is unenforceable due to lack of consideration.
Answer: FALSE
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

28) Imposition of the best-efforts duty provides sufficient consideration to make a contract enforceable.
Answer: TRUE
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

29) An accord is enforceable even though no new consideration is given.
Answer: TRUE
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts

30) If the accord is performed, it is called a satisfaction.
Answer: TRUE
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts

31) Once an accord has been reached, the original contract cannot be enforced under any circumstance.
Answer: FALSE
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts

32) An accord is a compromise reached between two parties to settle a claim.
Answer: TRUE
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts
33) If the accord is not satisfied, the other party can sue to enforce the accord.
Answer: TRUE
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts

34) Promissory estoppels can be invoked for cases that include consideration.
Answer: FALSE
Diff: 1
Topic: Equity: Promissory Estoppel
Skill: Legal Concepts

35) A promissory estoppel is usually used to provide a remedy to a party who has relied on another partys promise.
Answer: TRUE
Diff: 1
Topic: Equity: Promissory Estoppel
Skill: Legal Concepts

36) ________ is an equity doctrine that permits a court to order enforcement of a contract that lacks consideration.
A) Illusory promise
B) Gift promise
C) Promissory estoppel
D) Option contract
Answer: C
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

37) Which of the following is true about a promissory estoppel?
A) It is invoked in cases having option contract infringements.
B) It permits a court to order enforcement of a contract that lacks consideration.
C) It allows for a party to claim goods, which were revoked, for which it has already paid consideration.
D) It is invoked in cases that involve a promissory note to pay considerations at a later time.
Answer: B
Diff: 1
Topic: Introduction to Consideration and Promissory Estoppel
Skill: Legal Concepts

38) A contract is said to have legal value if ________.
A) both the promisor and the promisee receive a legal benefit
B) the promisor suffers a legal detriment
C) the promisee suffers a legal detriment
D) the promisee receives a legal benefit
Answer: C
Diff: 1
Topic: Consideration
Skill: Legal Concepts
39) Under which of the following conditions is a contract said to have legal value?
A) the promisor receives a legal benefit
B) the promisor suffers a legal detriment
C) both promisor and promisee receives a legal benefit
D) both promisor and promisee suffers a legal detriment
Answer: A
Diff: 1
Topic: Consideration
Skill: Legal Concepts

40) To meet contractual legality, considerations must be ________.
A) beneficial to both parties involved
B) detrimental to both parties involved
C) mentioned in writing in the contract
D) bargained-for exchange of promise for performance
Answer: D
Diff: 1
Topic: Consideration
Skill: Legal Concepts

41) Mark, who recently won a lottery, tells Sean that he will split his lottery winnings with him, if Sean can arrange an interview between Seans boss and Mark. Sean talks to his boss and the meeting is arranged. But when Sean goes to collect half of Marks lottery winnings, Mark refuses to pay. What is the act of consideration in this scenario?
A) Mark telling Sean he will split his lottery winnings with him
B) Sean arranging the interview
C) Mark going for the interview
D) Sean asking for half of the lottery winnings
Answer: B
Diff: 2
Topic: Consideration
Skill: Factual Application

42) Which of the following can convert a gift promise into an enforceable promise?
A) if the promisee offers a consideration
B) if the promisor offers a consideration
C) if the promisee receives a legal benefit
D) if the promisor suffers a legal detriment
Answer: A
Diff: 1
Topic: Consideration
Skill: Legal Concepts

43) Which of the following is true of a gift promise?
A) A gift promise can be enforced in a court of law.
B) A completed gift promise cannot be cancelled for lack of consideration.
C) A gift promise contains considerations.
D) The promisee can take legal action if the promisor does not uphold the promise.
Answer: B
Diff: 1
Topic: Consideration
Skill: Legal Concepts

44) Which of the following lacks consideration?
A) bargained-for exchange
B) gift promise
C) illusory promise
D) preexisting duty
Answer: A
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

45) ________ is a promise to refrain from doing an unlawful act, and therefore is a promise that will not support a contract.
A) Preexisting duty
B) Illusory promise
C) Illegal consideration
D) Gift promise
Answer: C
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

46) Which of the following is true about an illegal consideration?
A) Contract requires that either both parties suffer legal detriment.
B) Contract requires that the promisor receives a legal benefit.
C) Contract requires that the promisee suffer a legal detriment.
D) Contracts based on illegal consideration are void.
Answer: D
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

47) With regards to unenforceable contracts, an extortion call in which a man agrees to pay money in return for his familys safety would be considered as a(n) ________.
A) preexisting duty
B) illusory promise
C) illegal consideration
D) past consideration
Answer: C
Diff: 1
Topic: Promises that Lack Consideration
Skill: Factual Application

48) A contract into which both parties enter but in which one or both of the parties can choose not to perform their contractual obligations is known as ________.
A) illusory promise
B) gift promise
C) preexisting duty
D) illegal consideration
Answer: A
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts
49) Why does an illusory contract lack consideration?
A) because the consideration promised is unlawful and therefore void
B) because the person promises to perform an act or do something he is already under an obligation to do
C) because one or both parties can choose not to perform their contractual obligations
D) because the compensation paid is for work done in the past
Answer: C
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

50) Mary buys a lottery ticket and promises to buy her friend Sharon a new pair of shoes if she checks the lottery results while Mary is away. Sharon agrees to do so, provided she has the time for it. What kind of contract do Mary and Sharon have?
A) preexisting duty
B) past consideration
C) illegal consideration
D) illusory promise
Answer: D
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application

51) Mary buys a lottery ticket and promises to buy her friend Sharon a new pair of shoes if she checks the lottery results while Mary is away. Sharon agrees to do so, provided she has the time for it. If Sharon fails to check the results and Mary wins the lottery, which of the following would be true for the contract between Mary and Sharon?
A) Mary can claim for breach of contract against Sharon.
B) Sharon can claim for breach of contract against Mary.
C) Neither Mary nor Sharon can claim breach of contract.
D) Marys promise is supported by consideration.
Answer: C
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application

52) A promise lacks consideration if a person promises to perform an act or do something he is already under an obligation to do. This is called a(n) ________.
A) illegal consideration
B) preexisting duty
C) gift promise
D) illusory promise
Answer: B
Diff: 1
Topic: Promises that Lack Consideration
Skill: Factual Application
53) Dean Campenella is a detective with the California state police. During the investigation of a missing child, Campenella found new clues that led to the capture of a serial killer involved in another case. Since Campenella was not involved in the serial killer case, and found the clues while investigating another case, Campenella demanded a special reward from the state police department for helping catch the killer. But his demand was declined citing lack of consideration. Campenellas demand lacks consideration under which of the following?
A) preexisting duty
B) illegal consideration
C) gift promise
D) illusory promise
Answer: A
Diff: 1
Topic: Promises that Lack Consideration
Skill: Factual Application

54) Hartman, who has worked for Aratize Inc. for 25 years, is retiring. Upon hearing the news of his retirement, the president of Aratize announces a bonus of $250,000 to Hartman for his exceptional services toward Aratize thus far. But upon retiring, Hartman isnt paid the bonus. Hartman decides to sue the president and Aratize to recover the promised bonus. Which of the following is true of this case?
A) It will be enforceable in court because it is a gift promise.
B) It will not be enforceable in court because of past consideration.
C) It will not be enforceable because the president is not authorized to make such a promise.
D) It will not be enforceable because it is an unlawful consideration.
Answer: B
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application

55) Corey desperately needs to get to the airport and decides to take his neighbor Tanners help. Tanner agrees to help and drives Corey to the airport. Upon arrival at the airport, Corey promises to pay Tanner $25 towards gas money. Which of the following contracts does Coreys promise fall under?
A) illegal consideration
B) illusory promise
C) preexisting duty
D) past consideration
Answer: D
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application
56) Corey desperately needs to get to the airport and decides to take his neighbor Tanners help. Tanner agrees to help and drives Corey to the airport. Upon arrival at the airport, Corey promises to pay Tanner $25 towards gas money. Which of the following would have made the contract between Corey and Tanner enforceable?
A) if Tanner had driven Corey to the airport in the past
B) if Corey, upon arrival, had promised to pay gas money to Tanner whenever he could
C) if the promise to pay gas money had been made before the trip was made
D) if Tanner was contracted to drive Corey to the airport as a duty
Answer: C
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application

57) A contract in which a seller agrees to sell all of its production to a single buyer is known as a(n) ________.
A) requirements contract
B) output contract
C) best-efforts contract
D) option contract
Answer: B
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

58) Which of the following is true about output contracts?
A) It cannot contain the best-efforts clause.
B) It provides the seller with reduced selling costs.
C) It assures the purchaser that the seller will use their best efforts to achieve the contracts objective.
D) It assures the seller of a purchaser for all its outputs.
Answer: D
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

59) Which of the following is true for a buyer with an output contract?
A) The buyer cannot sue the seller in case the seller plans to share its output with another buyer.
B) The buyer can choose to buy when and what he wants from the seller.
C) The buyer is obliged to buy all the goods sold from the seller.
D) The buyer cannot enforce the best-efforts clause in the output contract.
Answer: C
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts
60) A(n) ________ is a contract in which a buyer agrees to purchase all of its requirements for an item from one seller.
A) option contract
B) requirements contract
C) best-efforts contract
D) output contract
Answer: B
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

61) Poweroxi Inc. produces rocket propellant fuel that is used in space shuttles. NASA is an agency that requires rocket propellant fuel to send its rockets to space. NASA enters into a contract with Poweroxi Inc. to purchase all of the propellant fuel it will need this year from Poweroxi. What would this contract be an example of?
A) requirements contract
B) output contract
C) option contract
D) yield contract
Answer: A
Diff: 2
Topic: Special Business Contracts
Skill: Factual Application

62) Poweroxi Inc. produces rocket propellant fuel that is used in space shuttles. NASA is an agency that requires rocket propellant fuel to send its rockets to space. NASA enters into a contract with Poweroxi Inc. to purchase all of the propellant fuel it will need this year from Poweroxi. Which of the following would constitute a breach in contract?
A) if Poweroxi sold to another purchaser
B) if Poweroxi sold to another purchaser at a lower price
C) if NASA purchased fuel from another seller
D) if NASA stopped purchasing from Poweroxi due to lack of need
Answer: C
Diff: 2
Topic: Special Business Contracts
Skill: Legal Concepts

63) ________ is an agreement whereby the parties agree to accept something different in satisfaction of the original contract.
A) Counteroffer
B) Accord
C) Promissory estoppel
D) Mirror image acceptance
Answer: B
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts
64) Toughones, a car part manufacturer, entered into a contract to license computer software from a Vizera Inc. for $250,000. This software is to be used to keep track of inventory, accounts receivable, and other financial data. After the software was installed, the computer system worked but it had a few glitches. Toughones refused to pay the full amount in the contract. To settle the dispute, the parties agree that $180,000 is to be paid as full and final payment for the software. Toughones paid the $180,000 as agreed. What kind of agreement did Toughones and Vizera reach in the end?
A) accord and satisfaction
B) preexisting duty
C) counteroffer
D) mirror image acceptance
Answer: A
Diff: 1
Topic: Settlement of Claims
Skill: Factual Application

James had a contract with Frasier to fix Frasiers plumbing issue at his home. The contract was made to fix the issue for $3,000. But after the work was completed Frasier refused to pay anything unless James agreed to accept $2,500.

65) Jamess attempt to make a new contract is void because it lacks consideration under the ________ concept.
A) illegal consideration
B) gift promise
C) past consideration
D) preexisting duty
Answer: D
Diff: 2
Topic: Promises that Lack Consideration
Skill: Factual Application

66) To avoid legal nuisance, Frasier decides to compromise with James. He asks James to fix a tap in the barn for $250, and modify the current contract to include the tap in the barn. James agrees to this, and does as asked, while Frasier remade the contract. Which of the following would this kind of settlement be referred to as?
A) duress
B) past consideration
C) accord
D) mirror image rule acceptance
Answer: C
Diff: 2
Topic: Settlement of Claims
Skill: Factual Application
67) Which of the following is true for an accord?
A) The accord terminates the original contract.
B) The nonbreaching party cannot enforce the original contract if the accord is not satisfied.
C) It is enforceable even though no new consideration is given.
D) An accord is only reached when both parties of the contract fail to meet their contractual obligations.
Answer: C
Diff: 1
Topic: Settlement of Claims
Skill: Factual Application

AtlasNow Construction Company, a general contractor, requests bids from subcontractors for work to be done on a hospital building that AtlasNow plans to submit a bid to build. Catapipes Plumbing Company, a plumbing subcontractor, submits the lowest bid for the plumbing work, and AtlasNow incorporates Catapipess low bid in its own bid for the general contract. Based on all of the subcontractors bids, AtlasNow submits the lowest overall bid to build the hospital and is awarded the contract.

68) If Catapipes Plumbing plans to withdraw its bid, what legal doctrine can help AtlasNow from being meted out injustice due to lack of consideration?
A) promissory estoppel
B) freedom of contract
C) acquiescence
D) exclusionary rule
Answer: A
Diff: 2
Topic: Equity: Promissory Estoppel
Skill: Factual Application

69) Why does Catapipess consideration have legal value?
A) It is a gift promise contract.
B) It is a bargained-for-exchange contract.
C) It is an illusory promise contract.
D) The consideration is an example of past consideration.
Answer: B
Diff: 2
Topic: Consideration
Skill: Factual Application

70) Which of the following is true for applying promissory estoppels to a contract?
A) Both parties must suffer legal detriment.
B) Injustice would be caused if the promise were not enforced.
C) They can be applied for illusory promise contracts.
D) They can be applied for gift promise contracts.
Answer: B
Diff: 1
Topic: Equity: Promissory Estoppel
Skill: Legal Concepts
71) What is contract consideration?
Answer: Consideration must be given before a contract can exist. Consideration is defined as something of legal value given in exchange for a promise. Consideration can come in many forms. The most common types consist of either a tangible payment, e.g., money, property, or the performance of an act, e.g., providing legal services. Less usual forms of consideration include the forbearance of a legal right, e.g., accepting an out-of-court settlement in exchange for dropping a lawsuit, and noneconomic forms of consideration, e.g., refraining from drinking, using tobacco, swearing, or playing cards for a specified time period. Written contracts are presumed to be supported by consideration.
Diff: 1
Topic: Consideration
Skill: Legal Concepts

72) Explain the preexisting duty principle in private sector contracts.
Answer: In the private sector, the preexisting duty rule often arises when one of the Parties to an existing contract seeks to change the terms of the contract during the course of its performance. Such midstream changes are unenforceable: The parties have a preexisting duty to perform according to the original terms of the contract. Sometimes a party to a contract runs into substantial unforeseen difficulties while performing his or her contractual duties. If the parties modify their contract to accommodate these unforeseen difficulties, the modification will be enforced even though it is not supported by new consideration.
Diff: 1
Topic: Promises that Lack Consideration
Skill: Legal Concepts

73) What is a best-efforts contract?
Answer: A best-efforts contract is a contract which contains a clause that requires one or both of the parties to use their best efforts to achieve the objective of the contract. The courts generally have held that the imposition of the best-efforts duty provides sufficient consideration to make a contract enforceable. Real estate listing contracts often require a real estate broker to use his or her best efforts to find a buyer for the listed real estate. Contracts often require underwriters to use their best efforts to sell securities on behalf of their corporate clients. Both of these contracts would be enforceable. Of course, a party can sue another company for failing to use its promised best efforts.
Diff: 1
Topic: Special Business Contracts
Skill: Legal Concepts

74) What is accord and satisfaction in contractual terms?
Answer: In some situations, one of the parties to a contract believes that he or she did not receive what he or she was due. This party may attempt to reach a compromise with the other party, e.g., by paying less consideration than was provided for in the contract. If the two parties agree to a compromise, a settlement of the claim has been reached. The settlement agreement is called an accord. If the accord is performed, it is called a satisfaction. This type of settlement is called an accord and satisfaction, or a compromise.
Diff: 1
Topic: Settlement of Claims
Skill: Legal Concepts
75) Give an account of promissory estoppels.
Answer: Promissory estoppels are equity doctrines that permit a court to order enforcement of a contract that lacks consideration. Promissory estoppel is applied to avoid injustice. It is usually used to provide a remedy to a party who has relied on another partys promise, but that party has withdrawn its promise and is not subject to a breach of contract action because consideration is lacking. The doctrine of promissory estoppel prevents the promisor from revoking his or her promise based on lack of consideration. Therefore, the person who has detrimentally relied on the promise for performance may sue the promisor for performance or other remedy the court feels is fair to award in the circumstances.
Diff: 1
Topic: Equity: Promissory Estoppel
Skill: Legal Concepts

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