FEUGUENG # 8460

Contract

This Agreement is entered into between Mary and Thomas.

(A) Whereas Mary is desirous of selling her Mercedes –Benz GLK350 car, in its
present condition to Thomas; and

(B) John expresses his willingness to purchase said car as it is,

Now therefore, both parties agree for the sale of said car to be governed by the
following specific terms and conditions.

1. Purchase Price

Both parties agree for the sale of the Mercedes-Benz GLK 350 car to be effected
against the amount of $25,000 to be paid to Mary.

2. Transfer of ownership of the car

Mary shall put the car at the disposal of Thomas upon receipt of $25,000, or at
any convenient date before July 30, 2019
.In testimony whereof, the contracting parties have hereunto affixed their signatures below.

Date:

Mary Thomas
FEUGUENG # 8460

1. Father told his daughter Elizabeth if she went to law school he would pay for her tuition
and expenses and also a bonus of $1,000 for every "A" she got on her report card.
Elizabeth went to UC law school, and Father paid for her tuition and expenses. She was
taking Torts, Contracts, and Criminal Law. Elizabeth earned A's on her final exams and
received straight A's on her report card. Father died suddenly and the executor of his estate
refused to pay Elizabeth the $3,000 bonus she had been promised for the A's. Elizabeth
sues Father's estate for failure to pay the $3,000 bonus: Elizabeth will:

(A) Lose, because Father's promise was personal to him and extinguished by his death.

(B) Lose, because Father's promise was oral.

(C) Win, because there was a bargained-for exchange between her and Father.

(D) Win, because Father would have paid her based on his promise.

2. Dealer had a contract with City to sell it five trucks of a certain type every month for six
months. He sent Manufacture, whom he had never dealt with before, a fax explaining what
he needed and asking for, "a price quote on 5 trucks to be delivered by June 1".
Manufacture responded by fax, "I can deliver 5 trucks from my present inventory for
$10,000 each." Dealer responded by fax, "Good. I will buy the 5 trucks for $10,000 each."
Nothing more was said. Has a contract formed between Dealer and Manufacture?

(A) Yes, since Dealers second fax was an acceptance of Manufactures' offer to sell 5
trucks.

(B) Yes, since Manufacture's first fax was an acceptance of Dealer's offer to buy the 5
trucks.

(C) No, because Dealer's fax was an offer that Manufacture never accepted.

(D) No, because the faxes did not have sufficiently definite and certain terms to be
construed as an offers.

3. Buyer loved Seller's home that was located on the beach. Buyer often told Seller if he
ever wanted to sell his home he would like to buy it. On January 30th Seller decided to sell
his house to Buyer. He sent an offer to Buyer offering to sell him the house for $200,000
and signed the offer and mailed it to Buyer. The offer had all necessary terms. Buyer
received the offer on February 1st. He immediately signed the offer and placed the words I
FEUGUENG # 8460

accept your offer in the document and mailed it back to Seller. Later that day, Buyer had
second thoughts and decided to cancel the agreement. He called Seller February 3rd and
told him to ignore the signed offer because he had changed his mind. Seller received the
signed offer the same day, February 3rd. Does Seller have an enforceable contract for the
sale of his home?

(A) Yes, because Buyer told Seller he was withdrawing his acceptance by telephone
instead of by mail.

(B) Yes, because Buyer's act of mailing the signed document was an effective
acceptance of Seller's offer.

(C) No, because Buyer effectively retracted his acceptance before Seller received it.

(D) No, because the revocation took place prior to the acceptance.

4. Sally is a rag doll maker. Her dolls are collected by collectors since they are all
handmade. On May 1 Sally sent the following letter to Boutique. "I have available 50 Rag
dolls at $30.00 per doll. This offer will remain open for acceptance until June 1. Please
reply if you are interested." On May 15, Boutique sent a fax to Sally, which stated:
"Please be advised that I accept your offer dated May 1. However, I would appreciate
delivery of 25 dolls by May 20, and the remaining 25 dolls delivered by June15, if
possible. Sally sends a reply to the fax stating the price for the dolls are now $35.00. If
Boutique files an action, will they prevail?

(A) No, because there was no consideration paid to keep the offer open.

(B) No, because the was no acceptance of the offer

(C) Yes, because both parties are merchants and Sally stated that the offer would remain
open for acceptance until June 1.

(D) Yes, because both parties are merchants.

5. Men's R Us Store published the following advertisement in the US Morning News on

"8 Brand New IPods, selling for $120.00...out they go Sat. May 4, 1 Mans Rolex
watch...worth $1,250.00, now selling for $500.00... FIRST COME, FIRST SERVED"
FEUGUENG # 8460

On Saturday, Rachel was the first person to arrive at the store and demanded the watch.
The store clerk refused to sell it to her because it was a "house rule" that the sale was
intended for men only. 

If Rachel brings suit against Men's R Us Store for its refusal to sell her the watch, Rachel
will 

(A) Lose, since the advertisement was only intended as an invitation to make an offer. 

(B) Lose, since Rachel did not notify the Store in writing that she intended to accept the
offer. 

(C) Win, because the advertisement should be construed as a binding offer. 

(D) Win, even if Rachel was not the first customer to appear at the store to purchase the
watch

6. Thomas told Steve that the Carmel's Art Gallery was offering an oil painting called
"Mona's Sisters" by Vanberg for $3,000, which was worth far more because Vanberg had
recently died. Upon hearing this Steve sent Davis, the manager at the Carmel's Art Gallery
a telegram saying, "I will buy the Mona's Sister by Vanberg for $3,000. Payment enclosed.
Please send to the above address - Steve." Steve did not realize Davis was also offering a
series of watercolor prints by Vanberg featuring the Mona Sisters in various states for
$3,000. Davis, acting in good faith, packed up the Mona Sisters water color print by
Vanberg and sent it to Steve. Then he sold the oil painting to another customer. In response
to an action Steve denies the existence of an enforceable contract. Will Steve prevail? 

(A) No, because Steve should have been more explicit in his telegram.

(B) No, because the paintings was a unique good.

(C) Yes, because Steve's telegram to Davis would only bind Steve and will not bind Davis.

(D) Yes, because Davis sent nonconforming goods.

7. Ed is the owner of the newly opened Ed's Custom Car Wash, where car washes cost $25.
While he was grocery shopping in his hometown, which is located 20 miles from Ed's
Custom Car Wash, he was greeted by his friend Alice. After they chatted for a moment, Ed
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said, "Come by my new car wash and I'll give you a free car wash tomorrow." Alice
replied, "Thank you I will take you up on that. By the way, we've got a few extra tickets
for the game tonight. If you want them, they're yours." As soon as Ed arrived at work the
next day, he found a long line of cars at the car wash. He phoned Alice, and told her that he
would not give her free car washes. Alice files suit. Is there an enforceable contract?

(A) No, because Ed revoked the offer.

(B) No, because this was no consideration.

(C) Yes, because Alice relied on Ed's offer. 

(D) Yes, because Alice accepted Ed's offer forming a valid contract.

8. Buyer wanted to buy an antique Volvo automobile owned by Seller who had previously
expressed some interest in selling the car. Betty wrote Sarah a signed letter on April 1
stating "I will buy your Volvo for $10,000 cash upon your bringing the vehicle to my
home before April 5. On April 2 Sarah received the letter and wrote back a signed letter to
Betty stating "I accept your offer and promise to deliver the Volvo to you as you request."
Unfortunately, the Postal Authority delayed delivery of Sarah's letter for 10 days. In the
mean time, Betty grew tired of not hearing from Sarah and purchased another car. When
she learned that Betty would not complete the transfer, Sarah sued for breach of contract.
The court will likely hold that 

(A) The mailing of the April 2nd letter did not prevent a subsequent effective revocation
by Buyer. 

(B) The April 2nd letter bound both parties to a bilateral contract when received. 

(C) The April 2nd letter bound both parties to a unilateral contract. 

(D) The April 2nd letter was effective to form a contract on April 12th, when the
acceptance letter was received.

9. Thomas told Steve that the Carmel's Art Gallery was offering an oil painting called
"Mona's Sisters" by Vanberg for $3,000, which was worth far more because Vanberg had
recently died. Upon hearing this Steve sent Davis, the manager at the Carmel's Art Gallery
a telegram saying, "I will buy the Mona's Sister by Vanberg for $3,000. Payment enclosed.
Please send to the above address - Steve." Steve did not realize Davis was also offering a
FEUGUENG # 8460

series of watercolor prints by Vanberg featuring the Mona Sisters in various states for
$3,000. Davis, acting in good faith, packed up the Mona Sisters water color print by
Vanberg and sent it to Steve. Then he sold the oil painting to another customer. In response
to an action Davis denies the existence of an enforceable contract. Did Steve's telegram
satisfy the Statute of Frauds?

(A) No, because Steve should have been more explicit in his telegram.

(B) Yes, because Steve's telegram to Davis was in writing.

(C) Yes, because Davis made a mistake and should have realized he was sending the
wrong painting.

(D) No, because Davis did not sign the telegram.

10. Susie decided to hold a garage sale. She posted signs in the neighborhood which read:
"Giant Garage Sale - Electronic keyboard: $200 (one only), designer clothes, CD's, Books
and More! Sunday, Noon to 4:00 p.m." 

On Sunday, Andy saw one of Susie's signs, and arrived at her home promptly at noon. He
examined the keyboard and then announced, "I'll take the keyboard for $200, but first I
need to get a truck in order to get it home. I'll be back before 4:00 with the money and a
truck." When Andy comes back with the truck Susie informs him she had sold the
keyboard to someone else. Andy brings suit against Susie. Andy will:

(A) Lose, since the advertisement was only intended as an invitation to make an
offer. 

(B) Lose, because when Andy returned Susie informed him that she had sold the keyboard
to someone else. 

(C) Win, because the advertisement should be construed as a binding offer. 

(D) Win, because he did return with the truck as promised.