FREE CLA/CP Contract Formation and Enforcement Questions and Answers

Question 1

A painter offers to paint a homeowner's house for $5,000.
The homeowner replies, "I accept, but you must also paint my garden shed for the same price." Under the common law, which of the following is true?

Accepted Answer

The homeowner has made a counteroffer, which terminates the original offer.

Answer

A valid contract has been formed for the house and the shed.

Answer

A valid contract has been formed for the house only.

Answer

The painter's original offer remains open for a reasonable time.

Question 2

Which of the following contracts is typically required to be in writing to be enforceable under the Statute of Frauds?

Accepted Answer

A contract for the sale of a small parcel of land.

Answer

A contract for the sale of a motorcycle for $400.

Answer

An agreement to provide consulting services for the next 6 months.

Answer

A promise to repair a friend's computer.

Question 3

A company that manufactures custom furniture experiences a fire that destroys its only workshop. As a result, the company cannot fulfill a contract to deliver a custom dining set to a client. Which legal doctrine would most likely be used as a defense against a breach of contract claim?

Accepted Answer

Impossibility of Performance

Answer

Unconscionability

Answer

Statute of Frauds

Answer

Duress

Question 4

What is the essential element of a contract that refers to the bargained-for exchange of something of legal value between the parties?

Accepted Answer

Consideration

Answer

Mutual Assent

Answer

Capacity

Answer

Legality

Question 5

A homeowner is in default on their mortgage. A neighbor, feeling sorry for the homeowner, calls the bank and says, "If my neighbor doesn't make their payment by Friday, I will pay it for them." This promise is MOST likely unenforceable because it violates the:

Accepted Answer

Statute of Frauds

Answer

Parol Evidence Rule

Answer

Best Evidence Rule

Answer

Doctrine of Laches

Question 6

In the absence of a formal contract, a court may impose an obligation on a party to prevent unjust enrichment. This equitable remedy is known as:

Accepted Answer

Quasi-Contract

Answer

Promissory Estoppel

Answer

Specific Performance

Answer

Reformation

A painter offers to paint a homeowner's house for $5,000.The homeowner replies, "I accept, but you must also paint my garden shed for the same price." Under the common law, which of the following is true?

A painter offers to paint a homeowner's house for $5,000.
The homeowner replies, "I accept, but you must also paint my garden shed for the same price." Under the common law, which of the following is true?