Richland College – Business Law: ASSIGNMENT #2 (25 POINTS) – DUE: Oct. 29, 2019 (before TEST #2) CHAPT. 8 – Agreement and Consideration in Contracts 1. A bilatera l contract in one in which: Two      promises are exchanged. A      promise is given in return for an act. A      third party guarantees the promise of one of the parties. A      unilateral contract accompanies an exchange of promises. 2. Which of the following elements need not be proved to establish that an implied contract exists? The      defendant could have rejected the goods or services but did not. The      defendant was unable to and could not have rejected the goods or services. The      plaintiff provided some good or service to the defendant. The      plaintiff expected payment for some good or service and the defendant      should have known this. 3. Ordinarily, an agreement is evidenced by: An      offer alone. An      offer plus an acceptance of that offer. A      valid acceptance only. Legal      capacity. 4. If Kim tells George, “You know, I’ve been thinking about selling my iPod for under $100,” this constitutes: A      valid offer. A      counteroffer. A      preliminary negotiation. A      statement of intent. 5. Filomena offers to sell Rhonda her rare book collection for $3,500. Rhonda states, “I like your book collection but I will not pay $3,500 for it, I’ll only pay $2,750,” what would Rhonda’s statement be called? A      revocation. A      rejection. A      contingent offer. A      counteroffer. 6. A shrink-wrap agreement is one whose terms are: disclosed      on the outside of a shrink-wrapped product so that the buyer can review      them before purchasing the product. typically      favorable to the buyer so that the seller does not have to contend with      returned, unwrapped packages. found      inside a box in which the goods are packaged. an      agreement wrapped in a plastic substance. 7. Consideration is usually broken down into two parts, something of legally sufficient value and : Some      kind of income redistribution. Some      kind of coercive behavior. A      clear moral hazard. A      bargained-for exchange. 8. Rescission may be defined as: The      substitution of one contract party for another. The      revision of contract terms to reflect trade usage. The      full performance of a contract. The unmaking      of a contract to return the contract parties to the positions they      occupied before the contract was made. 9. In order for a court to apply the doctrine of promissory estoppel , four requirements must be met. Which of the following elements is not required? Justice      must not be served by enforcing the promise. There      must be a clear and definite promise. There      must have been substantial reliance on this promise. The      promisee must have justifiably relied on the promise. CHAPT. 9 – Capacity, Legality, and Enforceability 1. A definition of the term contractual capacity would be: The      ability to enter into a void contract. The      ability to enter into a contractual relationship. The      ability to mitigate contractual damages. The      ability to physically write a contract. 2. The general rule with respect to minors who enter into contracts is: All      such contracts are void. All      such contracts are valid. Some      contracts may be avoided by the minor. Such      contracts may be avoided by the adult party to the contract. 3. A usurious contract is one that involves: Hazardous      chemical materials. An      illegally high rate of interest. Prostitution. Surrogate      motherhood contracts. 4. In an exculpatory clause : One      party agrees that the other party is not mentally incompetent. One      party releases the other party from liability in the event of monetary or      physical injury, no matter who is at fault. One      party is able to sue the other party based on the clear fault of the other      party. Both      parties agree to use arbitration, not adjudic…

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