Need A Tutor?    |   Need Homework Help?                                                                             Help and Support     | Join or Cancel

UCC section 2-105:
covers cars, clothing, and appliances.
 
Contract law is a necessary foundation for a capitalist free market system.
True
 
All contract disputes in the U.S. are now governed by the Uniform Commercial code.
False
 
Sometimes, genuine assent is not secured and a contract may be rescinded because one of the parties was forced to
agree, for fear of harm. The legal defense available in this situation is _____.
duress
 
The most common _____ contracts are those entered by minors who have the option, under the law, of either disaffirming
or fulfilling most contracts.
voidable
 
If a mentally incompetent person is unable to understand the purpose and effect of a contract but has not been legally adjudged insane:
the impaired party would have to pay the reasonable value of any necessaries received under the contract.
 
An implied-in-fact contract is one in which a court infers the existence of the parties' agreement from their behavior.
True
 
_____ are contracts that are so thoroughly one-sided that fairness precludes enforcing them.
Unconscionable contracts
 
Contracts entered by minors are voidable contracts.
True
 
Jasper Carter makes an agreement to play live music at Rusty's Tavern every Thursday night. Last Thursday he had the flu
and couldn't go to Rusty's to play. What can be concluded about the agreement with respect to Jasper's condition?
His performance can be excused due to a condition subsequent.
 
A discharge can only occur through the full performance of all parties to the contract.
False
 
_____ is an equitable remedy that permits the court to rewrite the contract where it imperfectly expressed the parties' true intentions.
Reformation
 
Which of the following kinds of contracts must be in writing to be enforceable?
A promise by an executor to use his or her personal funds to pay the debts of the estate
 
________ is required for a contract to be legally enforceable, which means parties must have the legal ability to enter the
contract; that is, they must be sane, sober, and of legal age.
Capacity
 
If a mentally incompetent person is unable to understand the purpose and effect of a contract but has not been legally
adjudged insane, ________.
the impaired party would have to pay the reasonable value of any necessaries received under the contract
 
Which of the following typically are prohibited by a state's blue laws?
Blue laws forbid conducting of certain kinds of business on Sundays.
 
___________ are agreements that are so thoroughly one-sided that fairness precludes enforcing them.
Unconscionable contracts
 
What are blue laws?
Laws forbidding the conduct of certain kinds of business on Sunday.
 
Which of the following could not act legally as an agent for another person?
a 15-year-old sister for her younger brother
 
The expectation to the doctrine of informed consent is which of the following?
unconscious or emergency patient
 
Anticipatory breach of contract occurs when a party before performance is due, indicates by word or deed that she or
he will not perform.
True
 
Contract law is a necessary foundation for a capitalist, free-market system.
True
 
The Uniform Commercial Code (UCC) governs contracts related to the saleMof goods.
True
 
Which of the following statements describes the requirement for consideration in legally enforceable contracts?
The bargained-for legal value that one party agrees to pay to secure the promise of another
 
The offeror cannot revoke the offer prior to acceptance.
False
 
Which of the following refers to a material breach of contract?
A party falls beneath substantial performance and does not have a lawful excuse for that failure
 
Whenever a contract has been reduced to writing with the intent that the writing represents a complete and final integration
of the parties' intentions, none of the parties can introduce oral or written words outside the "four corners" of the agreement
to add to, change, or contradict that contract when that evidence was expressed/created at the time of or prior to the writing.
The evidence is known as _____ evidence.
parol
 
The victim of a breach can recover the direct losses from the breach but not any indirect losses that were incurred
as a consequence of that breach.
False
 
The point of nominal damages is to illustrate the wrongfulness of a breach.
True
 
Which of the following statements is not true of the Uniform Commercial Code (UCC)?
It governs contracts for services, particularly the specific performance of personal services.
 
Consideration is used by the courts to distinguish a contract from a gratuitous promise.
True
 
Of the following, which could constitute cause for a suit charging breach of duty?
failure to take an x-ray in the case of a problem fracture
trying a new and experimental treatment
photographing the patient fro scientific reasons
all of the above
 
The statute of limitations for bringing malpractice suits varies from state to state, but in most states it is difficult to initate a
suit if treatment has been completed for more then:
one year
 
Breaches of the patients confidence may result in suits for which of the following:
libel and slander
 
A professional code of ethics:
Serves to regulate the actions of its members, establishes several; standards of conduct; promotes the elevating of acceptable standards
 
When the promisee's primary purpose in entering a contract is to make a gift to another, that third party is
a(n) _____ beneficiary of the contract.
donee
 
Most contracts need not be written
True
 
The consideration given by each party does have to be of equal value
False
 
contract amendments must have _____ consideration
Fresh
 
HIPAA penalties and sanctions can include:
jail time; monetary fines; loss of licensure or accreditation
 
Which of the following is NOT an example of the PHI under the HIPAA?
age range
 
The highest priority of all the HIPAA law is:
patient care and safety
 
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
 
Agreements to agree are enforceable
False
 
Only parties privy to the contract can sue on it
True
 
Violation of federal or state narcotics law constitutes:
a criminal act
 
The legal nature of the dentist-pacient relationship is that of:
a contact
 
In certain cases, a patient may not legally be able to act himself in establishing a contract with the dentist. In these cases,
he would need a/an:
agent
 
The dentist liability for breach of contract is based upon:
a failure to perform an agreed apon undertaking
 
In performing a treatment without the patients consent, the dentist runs the risk of suit for:
assault and battery
 
If a dentist agrees to achieve a particular result or cure for a patient and then fails to do so, he is liable for:
breach of contract
 
A court order that may either require or forbid a party to perform a specified act is a(n) _____.
injunction
 
Michael Stevens decides to expand his used car business by advertising on television. His ads appear on TV, and he
owes the local station $2,500. Rather than paying the bill directly, Michael transfers a used car to his friend, Raymond Knowles,
with the understanding that he will pay off Michael's bill with the TV station.
Thus, the station becomes the _____ beneficiary of the contract between Michael and Raymond.
creditor
 
Legal sufficiency for consideration depends not on whether the promisee suffered a detriment in some way but
on the value of the consideration.
False
 
A Statute of Frauds may require that a particular contract be in writing in order to be enforceable.
True
 
In managing your department at a bank, you sign a form contract with a local computer store ordering a new computer.
In turn, the supplier's signature on the form creates a(n) _____ contract.
bilateral
 
What agency is responsible for enforcing the HIPAA Privacy Rule, Security Rule and the confidentiality ptovisions of the
 Patient Safety Rule?
Office of Civil RIghts
 
The HIPAA Privacy Rule covers protection of health information in any medium. The HIPAA Sercurity Rule specifically covers
protected health information in what format?
electronic
 
When an offeror promises to keep an offer open for a specified period and, in return, the offeree pays consideration,
the parties have created a(n) _____ contract. option
 
In contract formation, offers must contain
all essential terms
 
Invitation to treat
call for offers
 
Contracts are formed through
negotiations
 
Rejections must be ____________ to the offeror
communicated
 
Joe Robinson offers a $100 reward to anyone who finds his lost dog. This is an example of a(n) _____ contract.
unilateral
 
If a dentist receives a court order to appear and testify, this order is known as a/an:
subpoena
 
Good Samaritan statue:
generally make the dentist immune from civil liability in cases of rendering emergancycare, provided
the care is rendered in good faith and with due caution.
 
A license to practice dentistry is:
required by law in each state
 
For anyone to practice dentistry without a lisence, except in special circumstances, is a/an:
criminal offense
 
When a dentist treats other dentist free of charge, this is known as:
professional courtesy
 
A dentist assistant may give a injection:
under no circumstances
 
Negligence in the dental prefession is called:
malpractice
 
Incorrect information given that may injure the reputation of another is called:
slander
 
A goverment agency responsible for enforcing proper drug manufacture and clinical use is called:
Food and Drug admnistration
 
The term ¨PHI¨ in HIPAA stands for:
Protected Health Information
 
A third party cannot enforce a contract where that contract was expressly intended to benefit the third party.
False
 
A contract is labeled _____ until all parties fully perform.
executory
 
Failure to fully perform without a lawful excuse for that failure results in a breach of contract.
True
 
The doctrine of _____ states that the promisor is stopped from denying the existence of a contract where the
promisee has detrimentally relied on that.
promissory estoppel
 
In an implied-in-fact contract, the contract is inferred based on the behavior of the parties.
True
 
A contract is said to be executed when all parties have completed their performances.
True
 
Commercial impracticability refers to the situation in which duties are discharged because of unforeseen events that
render performance exorbitantly expensive or thoroughly impractical.
True
 
A(n)_____ clause specifies that an event must occur before the parties to the contract are obliged to perform.
conditions precedent
 
According to discharge by operation of law, the contractual responsibilities of a debtor may be discharged by a bankruptcy decree.
True
 
Anticipatory breach of contract occurs when a party before performance is due, indicates by word or deed that she or he will not perform.
True
 
An effective offer must be the product of a present intent, it must be definite, and it must be communicated to the offeree.
True
 
Minors always can enter into valid and enforceable contracts.
False
 
A valid offer must include the intent to enter a contract either at the present time or at some point in the future.
False
 
An effective offer must be the product of an intent to consider creating clear and definite terms, which may then
be communicated to the offeree.
False
 
Under common law, the offer or may revoke an offer any time prior to acceptance.
True
 
Performance is the method of accepting a unilateral offer.
True
 
The mailbox rule states that an acceptance is effective when the offeror receives it.
False
 
Consideration is used by the courts to determine if the contract has had an economic impact on the parties in
an equal and objective manner.
False
 
Consideration depends on whether a promisee suffered a detriment in some way rather than on the value of the consideration.
True
 
An oral contract that is not in compliance with the Statute of Frauds is enforceable if it has been fully performed.
True
 
A third party can enforce a contract where that contract was expressly intended to benefit the third party.
True
 
Failure to fully perform one's contractual duties without a lawful excuse for that failure results in a breach of contract.
True
 
According to discharge by operation of law, the contractual responsibilities of a debtor may be discharged by a bankruptcy decree.
True
 
Anticipatory breach of contract occurs only when a party, before performance is due, orally communicates that she or he will not perform.
False
 
________ refers to the bargained-for legal value that one party agrees to pay or provide to secure the promise of another.
Consideration
 
Problems of unconscionability often arise in situations in which:
one party's bargaining power is much superior to the bargaining power of the other party.
 
Which of the following exceptional circumstances allows the admission of parol evidence?
To explain ambiguities in a written, integrated contract
 
If someone offers $50 to anyone who returns her lost cat, then returning the cat is an acceptance of a(n) ________ contract.
unilateral
 
Meg, who is on the lookout for a temporary security officer, asks a security agency to send someone. The agency
sends one of its reserve security officers to guard Meg's commercial building. Which of the following types of contract
does Meg enter into with the security agency?
Implied-in-fact contract
 
A(n) ________ contract means that all parties have yet to fully perform their responsibilities.
executory
 
Minors who have the option, under the law, of either disaffirming or fulfilling most contracts have the ability to
enter into this type of contract.
Voidable contract
 
Which of the following statements is true of consideration?
It is generally used by the courts to distinguish a contract from a gratuitous promise.
 
The doctrine of ________ states that a promisor is stopped from denying the existence of a contract even though
consideration is clearly lacking, where a promisee has detrimentally relied on that promise.
promissory estoppel
 
When a promisee enters into a contract with the primary purpose of making a gift to a third party, that third party is
a(n) ________ of the contract.
donee beneficiary
 
Which of the following statements is true of incidental beneficiaries?
The benefit received was not the contracting parties' primary purpose or intent.
 
Jim makes an agreement to play live music at Rusty's Tavern every Thursday night. Last Thursday, he had the flu and
could not perform at Rusty's.
What can be concluded about the agreement with respect to Jim's condition?
His performance can be excused due to a condition subsequent.
 
 
Which clause specifies that an event must occur before the parties to a contract are obligated to perform?
A conditions precedent clause
 
Which of the following statements indicates a material breach of contract?
A party falls beneath the level of substantial performance and does not have a lawful excuse for that failure.
 
Which of the following statements is true of the conditions concurrent clause?
It specifies that the parties are to perform their duties at the same time.
 
 
Which of the following statements is true of implied-in-law conditions?
The court imposes these conditions on the contract to avoid unfairness.
 
________ is an equitable remedy that permits the court to rewrite a contract because it initially did not express the parties' true intentions.
Reformation
 
When a court issues an order that may either require or forbid a party to perform a specified act, the court has issued a(n) ________.
injunction
 
Skye, who is unaware of Nathan's mental incompetency, enters into an agreement with Nathan to paint her house.
Skye does not know that Nathan has been adjudged insane by a court of law and, therefore, is angry at him for not finishing
the work on time. This agreement between Skye and Nathan is an example of a(n) ________ contract.
void
 
A(n) ________ contract is created when an offeror promises to keep an offer open for a specified period and,
in return, the offeree pays consideration.
option
 
If one of the parties to a contract is forced to agree out of fear of harm, then genuineness of assent has not been achieved.
The legal defense of ________ is available here, and the contract may be rescinded.
duress
 
Intentional untruths constitute ________ and allow the deceived party to seek rescission and restitution.
fraud
 
The UCC, rather than common law, governs a contract in all of the following situations except:
where the contract involves the specific performance of a bargained-for personal service.
 
Contractual duties may be delegated to someone who is not a party to the contract. If the person to whom the duties
are delegated does not perform them as specified, then
A delegatee is primarily responsible and the delegator is secondarily responsible for performance of the duties.
 
If Macon owes Alexa $250 for work that Alexa has performed, Alexa can assign her right to receive this payment to Catherine.
Catherine approaches Macon for the $250, which Macon is obligated to pay. In this scenario, Catherine is the ________.
assignee