Problem 1: Alan promises to pay Beth $500 to install a pump in his factory. Beth completes the installation. The act of installing the pump
a. imposes a moral obligation on Alan to pay Beth.
b. imposes no obligation on Alan unless he is satisfied with the job.
c. is not sufficient consideration because it is not goods or money.
d. is the consideration that creates Alan's obligation to pay Beth.
Problem 2: Nora promises to give Owen $500 because he does not have as much money as other people. Nora's promise is
a. enforceable because society wishes to encourage people to keep their promises.
b. enforceable because the redistribution of wealth is a valid social objective.
c. not enforceable because Owen has not given any consideration in return.
d. not enforceable because Nora could have given more money.
Problem 3: Ned Contractors, Inc., begins construction of a mall for Van Development Corporation and after six months demands an extra $100,000. Ned offered no reason for the extra $100,000, but said only that it would stop working if Van did not agree to pay. Van agrees to pay. The agreement is
a. enforceable because the parties executed an accord and satisfaction.
b. enforceable because of the unforeseen difficulties.
c. unenforceable due to the preexisting duty rule.
d. unenforceable as an illusory promise.
Problem 4: Paula, a minor, signs a contract to buy a car from Royal Used Cars by misrepresenting her age to be twenty-one. When Paula fails to make the payments, Royal sues, and Paula tries to disaffirm the contract. The court orders Paula to return the car. The court is probably persuaded that
a. Paula should be aware of the reciprocal obligations that arise in all contracts.
b. Paula should understand that minority status does not entitle one to take advantage of adults who willingly contract with minors.
c. the combination of misrepresentation and unjust enrichment should prevent Paula from asserting her incapacity without returning the
consideration.
d. none of the above.
Problem 5: Nick represents himself as a contractor in Ohio, but he is not licensed in that state. A contract between Pat and Nick by which Nick agrees to build a warehouse for Pat in Ohio is
a. enforceable only if Pat does not object after learning of Nick's status.
b. enforceable only if Pat knows that Nick is unlicensed.
c. enforceable only if the outcome is successful.
d. not enforceable.
Problem 6: Alpha Cable Company, a subcontractor, understates its bid on a project for Beta Communications, Inc., the general contractor, due to an addition error. Alpha can most likely
a. recover damages from Beta for not catching the error.
b. require Beta to pay the difference between the bid and the true cost.
c. rescind the contract.
d. none of the above.
Problem 7: Jane, an accountant, convinces her elderly client Howard to sign a contract to give her his life savings as part of a phony investment scheme. When Howard learns the truth, he may
a. only enforce the contract.
b. only recover what he gave to Jane.
c. enforce the contract or recover what he gave to Jane.
d. do nothing.
Problem 8: Russ buys ranchland from Sam, a rancher, who claims that it would be a prime site for housing. Russ later learns that the law does not permit the land to be used for housing. Russ may
a. not rescind the contract.
b. rescind the contract only if Russ did not truly know the law.
c. rescind the contract only if Sam knew about the law.
d. rescind the contract only if the law is not common knowledge.
Problem 9: Shade Tree Landscaping Company enters into a contract with Jill to landscape Jack's yard, using Fertile Nursery to supply trees and bushes. Maria owns the lot next to Jack's property. The landscaping is a gift from Jill to Jack. Jill and Jack are friends, but they are not related. Jack is
a. a creditor beneficiary.
b. a donee beneficiary.
c. an assignee.
d. an incidental beneficiary.