Question 1A quasi contract is not an actual contract.  True False Question 2Contract disputes rarely arise on a promise of future performance. True False Question 3Parties with contractual capacity may form an enforceable contract.  True False Question 4When the words in a contract have more than one meaning, they are cut from the contract.  True False Question 5There are no exceptions to the rule that contracts voluntarily entered into will be enforced.  True False Question 6A party who confers a benefit on someone else unnecessarily can recover the cost under the principle of quasi contract. True False Question 7″Consideration” refers to the genuine assent of all of the parties to a contract.  True False Question 8All Contracts must be in writing to be valid.  True False Question 91 PointIn a unilateral contract, notification is still necessary even though acceptance is usually evident from performance of the called-for act. True False Question 101 PointIn a contract, the value of the consideration given must be equal in value to the consideration received.  True False Question 112 PointsOral contracts are not legal. cannot be enforced in court. lack agreement. are harder to prove than written contracts. Question 122 PointsAloysius drives a delivery truck for Acme, Inc. Aloysius is required to work for Acme between the hours of 7:30am and 4:00pm, take one hour for lunch and wear a standard issue teal colored uniform (as to distinguish him from a UPS driver). Acme pays Aloysius every two weeks, net of withholdings. One otherwise nondescript day, while making a delivery for Acme and running late, Aloysius plows into a big yellow school bus in front of him that had the audacity to actually slow down for a yellow light. Unfortunately, Violet, an elderly passenger in the bus, was killed instantly. Violet’s family sues both Aloysius and Acme for wrongful death and $75,000,000 in damages. Who is liable? Acme is solely liable. Aloysius is solely liable. Aloysius & Acme are jointly and severally liable. None of the above. Question 132 Points A bilateral contract involves a(n)  act for an act. act for a promise. promise for a promise. promise for an act. Question 142 PointsCollins contracted to loan Merrell $400 so that Merrell could gamble with the money. Merrell lost the entire amount and refused to repay Collins on the loan contract. Collins then filed a lawsuit in a Kentucky state court against Merrell for breaching the contract. Merrell claimed that he did not have to repay the loan because gambling was illegal in Kentucky and therefore their contract was void. The court most likely found that the contract was: void, because it was unconscionable. void, because it was for an illegal purpose. void, because Collins did not gamble. void, because Merrell would be unjustly enriched if he did not have to repay the loan. Question 152 PointsBeyond-the-Sea Corporation and Homeport Company make a deal for Homeport’s products, via e-records. Under the UETA, an e-record is considered sent when it:  is composed on the sender’s computer. leaves the sender’s control. is stored in the sender’s back-up system. is signed and encrypted, and will be sent without changes. Question 162 PointsGeoffrey G. Smoove owns and operates a dating service. His lifelong friend Gorgeous Gilmore works for Geoffrey. For several years, the business is extremely profitable and Geoffrey & Gilmore are the most compatible business associates. Gilmore, a former tax attorney, is Geoffrey’s best employee. However, four years into the business, Gilmore decides that he wants to devote his life to show business and become a rap star (in spite of the fact that he is completely devoid of any talent). Gilmore (using his new stage name: “H-Crew”) spends an inordinate amount of time on his new career and less & less time at the business. Geoffrey becomes increasingly frustrated and calls Gilmore to tell him that he’s fired, and that Geoffrey has hired their mutual friend Wilhelm (“The Colonel”) Klink as Gorgeous Gilmore’s replacement. Is the agency between Geoffrey G. Smoove and Gorgeous Gilmore terminated? Yes, because Gilmore’s actions constitute a renunciation of authority. No, because Geoffrey is continuing the business as a going concern. Yes, because Geoffrey’s actions constitute a revocation of authority. No, because Geoffrey and Gilmore are still lifelong friends in spite of this unfortunate episode. Question 172 PointsAssume that Gorgeous Gilmore is so consumed by his desire for the bright lights  of Las Vegas that he spends all of his money on movie auditions and recording sessions. In addition, Gilmore has missed several lucrative appointments with Voluptuous Velma. Voluptuous Velma, who recently escaped from an institution for the criminally insane,(and whose real name is Wilma Krankheimer), is the escort service’s best paying customer. Gilmore is now obsessed with show business to the point of no longer paying his bills, and his personal creditors are hounding him for payment. Gilmore’s finances are now shot and he is forced by his creditors into a Chapter 7 bankruptcy proceeding. Geoffrey, meanwhile, is about to call Gilmore to fire him when Gilmore walks into the office, sobbing uncontrollably and telling Geoffrey that he is now bankrupt, and must leave the business to settle his financial affairs. What happens now? The business is automatically dissolved. The agency can be terminated only with the approval of Gilmore’s creditors. A and B only The agency is automatically terminated. Question 182 PointsYour friend made the following statement: “I might sell my car next month if I can get a good price.” This statement is an offer to a formal contract. an offer to a unilateral contract. an offer to a bilateral contract. not an offer. Question 192 PointsNora signs a contract to buy a car just before reaching the age of majority. After reaching the age of majority, Nora does not take possession or make payments. Most courts would hold that she had: ratified the contract. rescinded the contract. executed the contract. disaffirmed the contract. Question 202 PointsFowler, an antiques dealer, wrote a letter to Gorcey on May 9 offering to sell Gorcey the grandfather clock that Gorcey had seen at Fowler’s antiques show. The letter stated that the acceptance had to be received by May 15. Gorcey mailed a letter of acceptance on May 15 that reached Fowler on May 16. A valid contract was made  on May 15. on May 9. on May 16. at no time. Question 212 PointsIf Stornelli pays Mooney $50 to keep an offer for the sale of a personal computer open for a definite length of time, their agreement is called a(n)  counteroffer. option. breach. quasi contract. Question 222 PointsA police officer is not entitled to a reward offered for the arrest of a criminal because  the officer has a legal duty to arrest criminals. a reward is not legal consideration. the reward is not an offer. the reward is too high. Question 232 PointsWhich of the following agreements is unenforceable because of lack of valid consideration?  Johnson agreed to donate $1,000 to the United Hospital Building Fund. On the basis of this and similar promises, construction was started. Davis promised to give his neighbor’s son $50 if the boy would refrain from trespassing on his property. Because of Davis’ promise, the boy complied. Boyd agreed to sell his used motorboat to Yates for $500. Yates offered the $500. Philips promised his nephew $200 if the boy would refrain from smoking until he reached age twenty-one. Because of this promise, his nephew did not smoke. Question 242 PointsThe mailbox rule generally makes acceptance of an offer effective at the time the acceptance is dispatched. The mailbox rule does not apply if: Both the offeror and offeree are merchants. The offer expressly provides that an acceptance not take effect until it is actually received. The offer proposes a real estate contract. The offer is not open for more than 90 days. Question 252 PointsWhich of the following is the correct statement of law?I) A legally enforceable agreement can result even if an offer was never accepted.II) A contract can be in effect for any lawful purpose II only I only Neither I nor II Both I and II Question 262 PointsUsury laws provide protection in a contract that is  for the loan of money. for the sale of merchandise on credit. to be performed on Sunday. for the restraint of trade. Question 272 PointsFred offered, in writing, to sell Barney a parcel of land for $300,000. If Freddies without Barney accepting, the offer will: Automatically terminate despite Barney’s prior acceptance Terminate prior to Barney’s acceptance only if Barney received notice of Fred’s death. Remain open for a reasonable period of time after Fred’s death. None of the above are correct. Question 282 PointsAllen, the owner of Bar-B-Q Café, announces that he plans to paint its front fluorescent red. Betty, the owner of Upscale Dress Shop next door, promises to pay Allen $35,000 to use a more conservative color. Allen agrees. Betty’s promise is: Unenforceable, because Allen’s color choice was offensive to Betty. Unenforceable; Allen is just out of luck. Enforceable, because Allen would resent Betty if she never paid. Enforceable, because Allen agreed to refrain from doing something he was legally entitled to do                                                        Question 292 Points The ________________________ rule is a rule which states that for an acceptance to exist, the offeree must accept the terms as stated in the offer.  Mirror Image Mailbox Shadow Box Rejection-upon-dispatch Question 302 PointsLuke offered to sell his farm to Kent at $75,000, an offer which Kent declined. A week later, Luke offered to sell the farm for $65,000, stating that it was the final offer, it was valid for one month, and that he would not alter it. Two days later, Kent replied by saying that he was willing to pay $60,000 for the farm. A week after Luke received Kent’s offer, Luke declined it. Ten days after that, Kent agreed to buy the farm for $65,000, but Luke refused to sell the farm. Kent decided to sue Luke for a breach of contract. The judge ruled in favor of Luke. Which one of the following is the reason for the ruling in Luke’s favor?  Luke’s original offer of $75,000 is still valid, even though rejected. Kent’s counteroffer of $60,000 had rendered the offer for $65,000 invalid. Kent’s acceptance was past the set time period in the offer. Kent acted in an incompetent manner with regards to the offer. Question 312 PointsWhile driving his employer’s vehicle to call on a customer, Mandel decides to take a big detour to pick up a few friends for cocktails in another city and in the process negligently runs into Chan’s parked vehicle. In this situation, who is liable to Chan for damages?  The employer is liable to Chan for damages. Neither the employer nor Mandel is liable because the car was illegally parked. Mandel is on a “frolic” of his own and is solely liable for Chan’s damages. None of the above. Question 322 PointsTodd Winger, 15 years old, signs a contract to receive flying lessons at a local airport. It is legal in Todd’s state to take flying lessons as early as age 14. Todd’s parents drive him to his weekly lesson, the flight school gets paid each month, and Todd continues to show up for the weekly lessons for an entire year. Which of the following is correct? The flight school, after learning it just did business with a minor, can cancel the contract at any time. Todd can cancel the contract at any time while still a minor, but is automatically locked into the contract once he reaches the age of majority. Todd can cancel the contract at any time while still a minor, and also within a reasonable time after he reaches the age of majority. Todd may cancel the contract at any time while he is a minor, but would have to pay for the flight lessons he already received Question 332 PointsFrost was hired as general manager of Casey’s snow plowing business. As general manager, Frost has  implied authority to hire and fire people to help clear snow. implied authority to sell the snow plowing business. implied authority to purchase new equipment. express authority to cancel equipment orders placed by Casey. Question 342 PointsWhich of the following statements best describes an agent’s duty of loyalty? It refers to a fiduciary duty an agent owes not to act contrary to the interests of the principal. It refers to a duty that an agent has to maintain an accurate accounting of all transactions undertaken on the principal’s behalf. It refers to a duty that an agent owes to notify the principal of important information concerning the agency. It refers to a duty that an agent owes to meet the standards of reasonable care, skill, and diligence implicit in all contracts. Question 35To prevail in an action for contract fraud, the plaintiff must prove which of the following?I) The plaintiff justifiably relied on the misrepresentationII) The defendant made the misrepresentation with knowledge of its falsity and with the intention to deceive.  II only Neither I nor II I only Both I and II CASE ESSAYS Answer any three (3) cases. Please explain the reasons for your answers and define the law that supports your conclusion. Question 36Allison was a systems analyst with the CIA. She was also a compulsive, degenerate gambler who was always in debt to her bookie. When her husband Chuck found some papers marked “TOP SECRET” at home in a dresser drawer, he asked Allison about it. She confessed that she had been selling some confidential documents to an employee of the North Korean embassy to pay off her gambling debts, and that she needed to make one more sale to finish paying her debt obligation. She begged Chuck to help her make this one last delivery and she promised to give Chuck $95,000 of the $400,000 payoff. She also promised to join Gamblers Anonymous and quit gambling after this one last score. Chuck, against his better judgment, reluctantly agreed to help Allison make her last delivery. Is there an enforceable contract between anyone? Question 37Amy owes Sandy $90,000 for services rendered. Amy hasn’t paid the bill yet. Sandy        has been threatening to sue Amy for the unpaid debt. In response, Amy sues Sandy       to have the contract thrown out, alleging economic duress. Will Amy prevail? Question 38Herbie Bittman, age 17, executed a contact for the purchase of a pleasure car from a used car dealer or $2000. When Herbie changed his mind and attempted to return the car three months later the sales manager, Sam Dichter, said, “The contract is legally valid and all sales are final. I am not taking the car back.” Herbie, who has not turned 18, come to you for advice. Was Dichter’s statement legally correct? Why or why not? Question 39Wendy sold a commercial building to Ann, an educated person. Ann merely half-read the contract that she signed. As a result, she did not notice the provision in the contract about the interest on the purchase price. Ann refused to pay interest specified in the contract, and Wendy sued her. Ann’s argument is that Wendy never told her of the interest provision in the contract, and she should not be liable. Is Ann correct? Why or why not? Question 40Amy promises in writing to pay her cousin Edgar, who is dangerously obese, $10,000 if Edgar loses 100 pounds within eighteen months. Edgar agrees, and undergoes an extensive weight reduction program under his doctor’s care. Edgar loses the weight within the agreed upon time, and fees much better. He contracts Amy and asks for the money. Amy refuses to pay, alleging there was no valid consideration for it, and Edgar is much healthier now, which is the most important thing. Edgar files a suit against Amy. In whose favor is the court likely to rule, and why? Question 41Fly by Night Airlines, Inc. is a commercial passenger airline. Fly by Night includes on its tickets a clause that states that the airline will not be liable for the injury or death of any passenger cause by its, or its employees’ negligence. A Fly by Night shuttle flight form Washington to New York crashes into the East River, resulting in the deaths of all passengers and crew members. The cause of the accident is the direct result of Fly by Night’s negligence. Fly by Night arguers that because the terms were expressly stated on each ticket, the passengers thereby agreed to the airline’s contract terms. Based on the clause on its tickets, can Fly by Night avoid liability?

Mastering the Art of Online Learning: Your Guide to Acing Online Courses

Introduction

In recent years, the popularity of online courses has skyrocketed, offering learners the flexibility to acquire new skills and knowledge from the comfort of their homes. However, succeeding in online courses requires a different approach compared to traditional classroom settings. To help you make the most of your online learning experience, this article presents essential strategies and tips to ace your online courses.

1. Set Clear Goals and Plan Ahead

Before embarking on an online course, establish clear goals and objectives. Determine what you hope to achieve by the end of the course and break down your goals into manageable milestones. Create a study schedule that aligns with your other commitments, ensuring you allocate dedicated time for coursework, assignments, and revision.

2. Create a Productive Study Environment

Establishing a conducive study environment is crucial for online learning success. Find a quiet, well-lit space where you can concentrate without distractions. Remove any potential interruptions, such as notifications from social media or email. Organize your study materials and have a reliable internet connection to ensure seamless access to course materials.

3. Actively Engage in the Course

Active participation is key to mastering online courses. Engage with course materials, including videos, readings, and interactive components. Take comprehensive notes, highlighting key concepts and ideas. Participate in discussion boards, forums, and virtual meetings to interact with instructors and peers, fostering a sense of community and enhancing your understanding of the subject matter.

4. Manage Your Time Effectively

Online courses offer flexibility, but it’s essential to manage your time wisely to avoid falling behind. Create a detailed schedule, allocating specific time slots for coursework, assignments, and studying. Break down larger tasks into smaller, manageable segments to prevent procrastination. Prioritize tasks based on deadlines and dedicate focused time to each one, ensuring consistent progress throughout the course.

5. Develop Effective Communication Skills

Online courses often rely on written communication, making it crucial to hone your skills in this area. Be concise and clear in your written responses, paying attention to grammar and spelling. Actively participate in discussions, asking thoughtful questions and providing constructive feedback to your peers. Regularly check your course emails and notifications, ensuring you stay updated with any important announcements or changes.

6. Utilize Available Resources

Take full advantage of the resources provided by your online course platform and instructors. Familiarize yourself with the learning management system (LMS) and explore its features. Access supplementary materials, such as textbooks, lecture slides, and external resources recommended by instructors. Utilize online libraries, research databases, and tutorial services to deepen your understanding of the subject matter.

7. Stay Motivated and Engaged

Maintaining motivation throughout an online course can be challenging, particularly when faced with competing priorities or a lack of face-to-face interaction. Set short-term goals and reward yourself upon their completion. Connect with fellow learners through virtual study groups or online forums to foster a sense of camaraderie. Regularly remind yourself of the benefits and personal growth associated with completing the course successfully.

8. Seek Support and Clarification

Don’t hesitate to seek support or clarification when needed. Reach out to your instructors for guidance or clarification on course material. Utilize online discussion forums to ask questions or engage in collaborative problem-solving. Leverage the support services provided by your course platform or institution, such as technical support or academic advising.

Conclusion

Online courses present unique opportunities for self-paced learning and personal growth. By setting clear goals, creating a productive study environment, actively engaging with course materials, and managing your time effectively, you can maximize your chances of acing online courses. Remember to stay motivated, seek support when needed, and make the most of the available resources. Embrace the flexibility and adaptability of online learning to achieve your educational goals.