As per the default rulefof contracts courts can certain times fill the gaps in order to make the contract valid because at certain times proper information may not be available at the time of writing contract which can be filled thereafter and w.r.t other options courts need not find parties and intention will not be there in the absense of parties and finally terms of the contract shall not be vague they should be clear...hence the answer will be..
D)all terms of the contract need to be valid for the courts to decide the case...
Which of the following is true of a sales contract under the UCC? O A. The...
5. (True/False). Under the UCC, if certain contract terms, such as price or time of delivery are left open, it is not acceptable to fill in these terms. 6. (True/False). The "mirror image rule" is a UCC principle which provides that the acceptance of an offer must be on identical terms to the offer. 7. This rule is a legal rule/concept that provides that the written sales contract is the final expression of the parties' agreement and neither party can...
1. (TRUE FALSE). Under the UCC, the State of Limitations to commence a legal action for allegedly breaching a sales or lease contract is 4 years. 2. (TRUE FALSE). The seller in a contract for the sale of goods is never allowed to withhold delivery of the good, even when buyer breaches the contract prior to the good being delivered. 3. When the buyer breaches a contract for the sale of goods and the seller elects to resell the goods...
1. (TRUE FALSE). Under the UCC, the State of Limitations to commence a legal action for allegedly breaching a sales or lease contract is 4 years. 2. (TRUE (FALSE). The seller in a contract for the sale of goods is never allowed to withhold delivery of the good, even when buyer breaches the contract prior to the good being delivered. 3. When the buyer breaches a contract for the sale of goods and the seller elects to resell the goods...
Which of the following characterizes definiteness standards under the common law? 0 A. Courts are contract enforcers. OB. Contracts need to contain all the terms. OC. Courts should be able to provide "gap fillers" in contracts. D. Courts can take a "hands-on" approach to contracts.
1. Which of the following is true about unconscionable contracts? a. A term is substantially unconscionable if it is imposed upon the weaker party because of inconspicuous print. b. "Unconscionable" is not defined in the Restatement or the UCC. c. Procedural unconscionability arises where the affected terms deprive a party of any real remedy for breach. 2. Which of the following bargains does the court consider illegal? a. Party not equally at fault b. Excusable ignorance c. Contracts interfering with...
11. An enforceable contract always requires which one of the following: a, mutual consideration b, a warranty c) a written document d) a statute authorizing the contract e) a sale 12. Sandra sued her supervisor, and her employer (the Boeing Co.). claiming that she was sexually harassed on the job, by her supervisor, who was trying to get Sandra to give him sexual favors in return for a promotion If Sandra wins the case against the supervisor and Boeing, then...
Which of the following is true of a contract where one of the parties is insane but not adjudged insane? Only the court appointed legal guardian to the insane person can modify contracts The contract is voidable by the competent party © The non-insane person must be placed in status quo if the insane person voids the contract. The contract is only voidable by the insane person
Under the Parol Evidence rule the court will presume that?
Select one:
a. An oral contract does not contain all of the terms of the
agreement
b. A written contract contains all of the terms of the
agreement
c. A written contract does not contain all of the terms of the
agreement
d. An oral contract contains all of the terms of the
agreement
The different types of mistake recognised by the law include?
Select one:
a. Mutual, innocent and...
25. An exculpatory clause is a contract clause which a places total responsibility for injury or damages to property on an insurance company excuses a party from liability for his or her own negligence is unconscionable because the UCC so provides Imits the time for collecting damages. 26. Won agreement is in part legal and in partiogal: a. the total agreement is vold b. the legal performance will be enforced provided that the illegal performance does not involve serious moral...
Assignment 4-1 Week One Multiple Choice & Short Answer Total 40 points BACKGROUND INFORMATION: Comedian/actress Rosie O’Donnell was part of a breach of contract trial with Gruner & Jahr over the “Rosie” magazine. O’Donnell’s contract stated that she would hold the position of editorial director of the magazine, with control over the editorial process and editorial staff, subject only to the veto of the CEO of G&J. During trial, O’Donnell told the court that in the first run of the...