blr202 Quiz 6B latest 2016 july

Question 1

Evidence 6ATF:Daisy says she paid Devon $100 and he agreed she could use his parking space for a month. Devon says he never said that and Daisy never gave him any money. The jury could decide in favor of Daisy based upon her testimony.

True

False

1 points

Question 2

Wk06.Legal Writing 21. In professional writing the word “so” should be avoided

True

False

1 points (Extra Credit)

Question 3

Wk06.Legal Writing 23. All legal arguments must have reasons in support of the conclusion/opinion

True

False

1 points

Question 4

Wk06.Contract. The freezer (unconscionable contracts)..FIRST.

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

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(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

The sentence labeled with (1) and starting with “The freezer’s retail.” is which of the following?

a.

Analysis

b.

Conclusion

c.

Fact

d.

Issue

e.

Rule

1 points

Question 5

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. Assume the parties disagreed about the value of the freezer at the trial court level. Who decided that the freezer was worth $300?

The jury

The judge

Roll of the dice.

No one, it was just assumed.

1 points (Extra Credit)

Question 6

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (2) and starting with “We hold.” is which of the following?

Conclusion

Fact

Rule

Analysis

Issue

1 points

Question 7

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (4) and starting with “The seller.” is which of the following?

Fact

Rule

Analysis

Issue

Conclusion

1 points

Question 8

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (3) and starting with “UCC.” is which of the following?

Rule

Conclusion

Fact

Analysis

Issue

1 points

Question 9

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. This case is filed in the New York state court system. If the parties wanted, could they appeal this matter be heard by the US Supreme Court?

Yes because this case involves a US Constitutional law issue and therefore the US Supreme Court can hear it.

No, this is a matter of state law and the US Supreme Court cannot make state law.

Yes, any case can be appealed to the US Supreme Court.

Yes, all cases involving consumer protection can be appealed to the US Supreme Court.

1 points

Question 10

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. This case was filed in the New York state court system. If a similar case arose in the Pennsylvania state court system but with different parties, would the Pennsylvania state court have to follow this case?

No, this is a matter of state law and each state makes its own state law.

Yes, because this case involves a US Constitutional law issue.

No, because this case involves an issue of Washington state constitutional law.

Yes, all cases involving water are federal cases.

1 points

Question 11

Wl06. Government. Government official or employee has done some act “B” in the course of their work. It is irrelevant for this question specifically what that act was. Which of the following statements is true?

a.

All acts performed by government officials or employees in the course of their work are subject to review in a court to determine if the act violated anyone’s Constitutional rights.

b.

Only the acts of government officials or employees that violate someone’s Constitutional rights are subject to review in a court to determine if the act violated someone’s Constitutional rights.

c.

All acts performed by government officials or employees in the course of their work are valid.

d.

All acts performed by government officials or employees in the course of their work are legal.

1 points (Extra Credit)

Question 12

A contract between Fresh Fruit Corporation and Green Grocer, Inc., requires Fresh Fruit to deliver goods to Green Grocer's place of business. This is

a.

a destination contract.

b.

a bill of lading.

c.

a shipment contract.

d.

a warehouse receipt.

1 points

Question 13

Raul agrees to ship to Ben one hundred ceiling fans for $5,000. Raul initials his notes of the deal, which include the terms, and files the notes in his office. Ben initials his own notes of the deal, which include the terms, and files the notes in his office. Raul fails to ship the fans. Against Raul, as a contract, the deal is

a.

enforceable, because Ben's initialed notes are a sufficient writing.

b.

not enforceable.

c.

enforceable, because under the UCC a contract need not written.

d.

enforceable, because Raul's initialed notes are a sufficient writing.

1 points

Question 14

Fresh Produce, Inc., and Great Grocery Stores dispute the interpretation of an ambiguous phrase in their contract. In a suit between the parties to construe the contract, a court may accept evidence of

a.

consistent additional terms and contradictory terms only.

b.

anything extrinsic to the contract.

c.

contradictory terms only.

d.

consistent additional terms only.

1 points

Question 15

The right to cure is the right of a party who tenders nonconforming performance to correct his or her performance within the contract period.

True

False

1 points

Question 16

Jamie is redoing his kitchen and decides he needs a floor sander to complete the job. Jamie tells Rachel, his neighbor, that he needs a floor sander. Rachel tells Jamie to call Home Repair Rentals, Inc. Home Repair Rentals leases Jamie a floor sander. In this transaction the lessor is

a.

Rachel.

b.

Jamie.

c.

both Jamie and Rachel.

d.

Home Repair Rentals.

1 points

Question 17

Jackson owns an antiques store. He sells a grand piano to Fred for $5,000, a old jukebox to Sam for $499, an antebellum chest of drawers to Josephine for $659 and a gold ring to Wendy for $999. Which of Jackson's sales must be in writing to be enforceable?

a.

The grand piano and the gold ring only

b.

The grand piano, the chest of drawers and the gold ring only

c.

The grand piano only

d.

The grand piano, the chest of drawers, the jukebox and the gold ring

1 points

Question 18

Levi, a well-known lumber dealer with a good reputation, buys a load of lumber and pays for it with a check that is later dishonored. Sam, who is unaware of the bad check, buys the lumber from Levi. Sam is a(n)

a.

good faith purchaser.

b.

bailee.

c.

insolvent purchaser.

d.

bad faith purchaser.

1 points

Question 19

FlavorBean Coffee Company agrees to buy an unspecified quantity of coffee beans from Global AgriCorp. Global breaches the contract. In FlavorBean's suit to obtain relief, the court will most likely

a.

awardFlavorBean all the beans that it requires.

b.

awardGlobal's output of coffee beans to FlavorBean.

c.

have no basis for determining a remedy.

d.

award a reasonable quantity of beans to FlavorBean.

1 points

Question 20

If a nonmerchant-seller's offer expressly conditions acceptance on a nonmerchant-buyer's agreement to the terms of the offer, the buyer's positive response is an acceptance even if it contains additional terms.

True

False

1 points

Question 21

Quinn enters into a series of agreements with Reba involving a sale of a Suite Dreams Motel, including the land, building, furnishings, shares of stock in Suite Dreams Company, and a contract with Trudy to create an ad campaign. Reba suspects that Quinn may be misrepresenting the facts. The UCC Statute of Frauds governs

a.

the sale of any of the property evidenced by a writing.

b.

the entire deal, including the marketer's services.

c.

the sale of the land and the building.

d.

the sale of the furnishings priced at $500 or more.

1 points

Question 22

Under the UCC, if a contract is unilateral, the offeror must be notified of the offeree's performance.

True

False

1 points

Question 23

A court can refuse to enforce a contract that the court deems to have been unconscionable at the time it was made.

True

False

1 points

Question 24

For an item to be characterized as a "good" under the UCC, it must be intangible.

True

False

1 points

Question 25

All oral contracts are enforceable under the UCC.

True

False

1 points

Question 26

Community Construction Corporation offers to buy from Solid Cement Company a certain quantity of cement for a certain price. Solid can accept the offer by

a.

doing nothing.

b.

promising to ship or promptly shipping the cement.

c.

promptly shipping the cement only.

d.

promising to ship the cement only.

1 points

Question 27

Even if goods are not identified to the contract, the title and risk of loss can still pass from the seller to the buyer.

True

False

1 points

Question 28

Bill orders 1,000 nails from Super Hardware, Inc. Super Hardware keeps its nails in packages of 100,000. Bill and the agent for Super Hardware both sign the contract for the sale of the nails on Monday. The agent separates 1,000 nails on Wednesday. The agent delivers the nails to Bill on Thursday morning, and Bill pays for the nails on Friday. Identification of the nails took place on

a.

Monday.

b.

Wednesday.

c.

Thursday.

d.

Friday.

1 points

Question 29

Under the UCC, an agreement modifying a contract needs no consideration to be binding.

True

False

1 points

Question 30

The contract term "free on board" indicates that the selling price of goods includes transportation costs to the specific F.O.B. place named in the contract.

True

False

1 points

Question 31

FISHERMAN: On 1/6/13 Mr. Fisher shows up at the dock and says he now wants $75/day or he won’t get on the boat. All the other fishermen are gone on the boats. Boat Owner reluctantly agrees.

On this day, 1/6, what legal duty does Mr. Fisher have toward Boat Owner?

a.

To fish for Boat Owner between 1/6 and 5/5 for $50/day.

b.

None

c.

Pay Mr. Fisher.

d.

Enter into a contract with Boat Owner on 1/6/10.

1 points

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