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LSU BLAW 3201 FRY FINAL EXAM
TEST BANK NEWEST UPDATE 2025-
2026. QUESTIONS & CORRECT
ANSWERS. GRADED A
A and B enter into a contract on January 1 of this year. A's friend C tells A, "The law generally restricts the time within which an action can be brought by either party to a contract." C's statement is: - ANS true, because of statutes of limitation. A contract contains a provision that states it will be effective for a "year." The plaintiff in a lawsuit claims that a "year" is obviously 12 months. The defendant claims that the contract meant a 10-month school year. a. Parol evidence cannot be used to explain the term, because the plain meaning of a "year" is 12 months. b. Parol evidence cannot be used to explain the term, because it is an integrated document. c. The term "year" in the contract is ambiguous, and the parties can bring in parol evidence to clarify their intent. d. Parol evidence cannot be used, because the contract contains an express term that could have been changed by the parties prior to the contract's execution. - ANSThe term "year" in the contract is ambiguous, and the parties can bring in parol evidence to clarify their intent.
A contract contains the provision, "Walter Hamilton promises to pay Faye Weeks $1,200 for a 2003 V-6 motor provided that Phelps' Garage approves the quality of the motor." This provision: a. makes the contract unenforceable since Walter's promise is illusory. b. creates an express condition which must be met before Walter's duty to pay arises. c. cannot create an express condition because it lacks the necessary words "on condition that." d. cannot be valid since it makes Walter's duty to pay dependent upon the opinion of a third party. - ANScreates an express condition which must be met before Walter's duty to pay arises. A gratuitous assignment is rendered irrevocable if, prior to the attempted revocation, the assignee: a. receives payment of the claim from the obligor. b. obtains a judgment against the obligor. c. Neither of the above. A gratuitous assignment is always revocable. d. Both (a) and (b). - ANSBoth (a) and (b). A(n) ____ is a contract between a promisee and a promisor by which the promisee agrees to accept and the promisor agrees to render a substituted performance in satisfaction of an existing contractual duty. - ANSaccord A(n) ____ is a method of discharging a contract in which a third party becomes bound upon a promise to the obligee. - ANSnovation
satisfied and refuses to accept or pay for it. Bryan is honest in his dissatisfaction, but he is unreasonable. a. Bryan must pay for the suit even if he is dissatisfied. b. This is an illusory contract, because only Anita is bound. c. Bryan's approval is an objective standard. d. Anita has no recourse against Bryan, because she agreed to the subjective standard. - ANSAnita has no recourse against Bryan, because she agreed to the subjective standard. Annette entered into a contract with a local truck dealer to have a new truck delivered to her daughter, Sue, as a graduation present. In this contract, Sue is: - ANSdonee beneficiary Arnold and Doug make a contract for Arnold to manufacture five leather chairs of a specified design. Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault. The chairs are available from other sources. - ANSArnold's duty to deliver the chairs is discharged by the destruction of the factory. Barbara owes Arturo $2,000. On July 1, Arturo assigns the debt to Charles. Thereafter on July 15, Arturo assigns the same right to Dennis, who in good faith gives value for it and knows nothing about the first assignee. Dennis immediately notifies Barbara of the assignment. a. Under all of the rules, Charles has priority since he was the first assignee in time. b. Under the majority rule, Dennis has priority. c. Under the English Rule, Dennis has priority.
d. Under the English Rule, Charles has priority. - ANSUnder the English Rule, Dennis has priority. Barry's Sport Shop calls Champs Tee Shirt Company to order 200 designer tee shirts at $2 per shirt. The next day, Barry decides he can easily sell 100 more. Before the order is filled, he calls to change the order to 300 tee shirts. Champs sends 200. Can Barry force Champs to send the additional 100? a. No, because there is no consideration for the extra 100 shirts b. No, because Barry does not have a writing signed by Champs Tee Shirts c. Yes, because this is a subsequent modification of the original contract d. Yes, because Champs Tee Shirts is a merchant within the meaning of Article 2 of the UCC - ANSNo, because Barry does not have a writing signed by Champs Tee Shirts Betty owes Agatha $1,000. On March 1 Agatha, for value, assigned the debt to Clara. Thereafter, on March 30 Agatha assigned the same right to Diane. a. Under the American rule, Clara will prevail over Diane. b. Under the English rule, the first assignee to notify Betty will prevail. c. Under the Restatement rule, the first assignee to notify Betty will prevail. d. Both (a) and (b) are correct. - ANSBoth (a) and (b) are correct. Bill has a right against Heather and assigns it for $100 to Dan. Later, Bill grants Heather a release. Bill: a. is liable to Dan for damages because he breached an implied warranty.
c. If Blevins signs and returns the form, it will be able to sue for the extra 100 widgets later. d. The contract is enforceable for 400 widgets, because it has been partially performed. - ANSBlevins can enforce the contract for 300 widgets, but not for 400 widgets. Brice owns a parcel of land that is encumbered by a mortgage held by the First National Bank. Brice agrees to sell the land to Paul for $50,000. Brice and Paul together go to the First National Bank to discuss the sale and purchase with the banker. Brice, Paul, and the banker sign an agreement stating that Paul will assume the mortgage and that Brice will be discharged from all further liability on the mortgage. - ANSThe agreement among the three is a novation. Chris receives a printed form in the mail from Wyandott Heating indicating that he has placed a telephone order for a $600 heater. He doesn't recall placing the order. Which of the following is correct? a. Wyandott can hold Chris to the order. b. Chris can hold Wyandott to the order. c. Neither party is bound, because there is no signed writing. d. Chris is bound if he makes no objection within 10 days. - ANSChris can hold Wyandott to the order. Conditions may be classified: a. by how they are imposed. b. by when they affect a duty of performance. c. Both (a) and (b); they are not mutually exclusive.
d. Neither (a) nor (b). - ANSBoth (a) and (b); they are not mutually exclusive. court decision of Aldana v. Colonia Palms - ANStrial court granted summary judgment for Colonial Palms and attorney's fees reverse summary judgement (found for Aldana) court decision of Mt. Peaks v. Roth- Steffen - ANSdistrict court granted summary judgment for Mt. Peaks --> valid assignee and action not time barred court decision of Stine v. Stewart - ANSbench trial, trial court found that Stine was an intended beneficiary court of appeals reversed (for Stewart) found that Stine is creditor beneficiary --> reverse court of appeals (found for Stine) court decisions of Hochster v. De La Tour - ANSfound for Hochster court decisions of Kalas v. Cook - ANStrial court found for Kalas Cook appealed judgment affirmed
found that subjective satisfaction applies and trial court decision was appropriate appellate decision reversed and remanded (for Optus) Courts will enforce contracts for the benefit of all but which of the following?
- ANSincidental beneficiaries E-Sign provides consumers must: a. evidence their consent on paper to conducting transactions with electronic records after being informed of the types of hardware and software required. b. receive a "clear and conspicuous" statement informing them of their right to withdraw consent to receiving electronic records. c. receive a "clear and conspicuous" statement informing them of their right to have the record provided only in electronic form. d. All of the above. - ANSreceive a "clear and conspicuous" statement informing them of their right to withdraw consent to receiving electronic records. E-Sign: a. preempts the Uniform Electronic Transactions Act. b. requires persons to agree to use or accept electronic records or electronic signatures, provided they are informed of the types of hardware and software required and they have the required equipment. c. defines the included transactions narrowly.
d. ensures that the electronic form of Internet and e-mail agreements will not make them unenforceable because of the statute of frauds. - ANSensures that the electronic form of Internet and e-mail agreements will not make them unenforceable because of the statute of frauds. Henry hires Ace Roofing to put a new roof on his house. When Ace comes, Henry refuses to let them on the roof, saying that he has a headache and doesn't want to listen to pounding. The next day, Henry still has a headache and he refuses to allow them on the roof. The day after, the baby is sleeping and Henry refuses to allow them to work. After four weeks of this, Ace: - ANSmay be discharged, but Henry is not. In determining the meaning of a contract under the UCC, which of the following will have first priority? - ANSexpress terms --> course of performance --> course of dealings --> usage of trade In states that have adopted it, the UETA: a. encourages and gives full effect to electronic contracts. b. gives full effect to emergency transactions. c. supplements and covers all of the UCC. d. covers wills, codicils, and testamentary trusts. - ANSencourages and gives full effect to electronic contracts. issue of Aldana v. Colonial Palms - ANSExpress Prohibition of Assignment issue of Hochster v. De La Tour - ANSAnticipatory Repudiation
d. Janice's duty to deliver the deed and Anthony's duty to pay the $5, are "implied-in-fact" conditions. - ANScourts will treat the promises to deliver the deed and to pay the $5,000 as mutually dependent. Anthony's duty to pay is conditioned upon Janice's delivery of the deed and Janice's duty to deliver the deed is conditioned upon Anthony's payment or tender of $5,000 to Janice. Jim contracted with Kevin to serve as a guide for Kevin on his three-week fishing trip to Canada. The contract was made on April 1 with the trip to begin on June 1. On May 1, Kevin notified Jim that he had changed his mind and would be unable to make the trip. He also refused to pay Jim any compensation. a. Because the contract is executory, Jim has suffered no damages, and Kevin has no obligation to pay any compensation. b. Kevin has anticipatorily repudiated the contract and is liable to Jim for damages. c. Jim is discharged from his duty to serve as guide, and he may bring suit immediately against Kevin. d. Both (b) and (c) above are correct. - ANSBoth (b) and (c) above are correct. Louis agreed to provide all the apples that Cindy's Cider Mill will need at $ per bushel unless weather conditions require additional labor to be hired. The rate would then be $3.50 per bushel. A freeze warning required Louis to hire 100 additional overtime workers, raising the cost per bushel to $4.75. Louis wants to get out of his contract. Can he? a. No, the parties expected the hardship and provided for it in their contract
b. No, there is no hardship c. Yes, the contract is impracticable d. Yes, the freeze is a supervening event - ANSNo, the parties expected the hardship and provided for it in their contract Lynn, who is a tailor, agrees to sew a pair of drapes for Zach's living room. Zach promises to pay Lynn $300. Lynn completes the drapes using material selected by Zach, but Zach is not satisfied and refuses to pay for them. a. Whether Zach will have to pay for the drapes depends upon whether as a reasonable man he ought to be satisfied. b. The standard applied here is a subjective standard of satisfaction. c. The condition of satisfaction is an implied-in-law condition. d. The condition of satisfaction is an express condition. - ANSWhether Zach will have to pay for the drapes depends upon whether as a reasonable man he ought to be satisfied. Lynne is the intended beneficiary of a third-party contract. Her rights have vested. In an action by Lynne to enforce the promise, the promisor may assert the defense of: - ANSfraud Mary goes to a stockbroker, purchases 50 shares of a certain stock, and instructs the broker to register the stock in her husband Warren's name. If this stock is intended as a Valentine's Day gift, Warren becomes a(n): - ANSdonee beneficiary
e. All of the above. - ANSall of the above Mr. Homayer hired Blake Painters to paint his house. Blake decides it has too many jobs and delegates the duties to the Andrews Company. Andrews does a poor job, and drips paint on the Homayers' flowers and windows. - ANSMr. Homayer can sue both Blake and Andrews. Noel and Lyle have a contract whereby Noel is to perform routine construction services according to the blueprints that Lyle has provided. Noel assigns the contract to David. As a result of this assignment: a. Lyle can bring suit based upon detrimental reliance. b. Noel has no more rights or responsibilities with regard to the contract. c. Noel no longer has any rights under the contract, but he remains responsible for the duties he agreed to perform. d. Noel has all of his rights under the contract, but he has no responsibility for the performance of the duties. - ANSNoel no longer has any rights under the contract, but he remains responsible for the duties he agreed to perform. Notice of an assignment: a. must be given to the obligor. b. cuts off any defenses based on subsequent agreements between the obligor and assignor. c. precludes subsequent setoffs and counterclaims of the obligor that arise out of entirely separate matters. d. All of the above. e. Only (b) and (c). - ANSOnly (b) and (c).
Odessa owes Kevin $2,000. On July 1, Kevin assigns the right to the $2,000 to Troy. Thereafter, on July 15, Kevin assigns the same right to Donna, who in good faith gives value for it and knows nothing about the first assignee. a. Troy has the right to the payment of $2,000. b. Donna has the right to the $2,000. c. Neither Troy nor Donna can claim the $2,000. d. The rule differs in different states. Depending on which rule a state follows, the answer will vary. - ANSThe rule differs in different states. Depending on which rule a state follows, the answer will vary. On March 1, Sara, a student, received a telephone call from ComputerChip, Inc. offering her a job for one year beginning on June 15, after completion of the school year. According to the personnel manager, she will have to move to California and be ready to start work at 8:00 a.m. on June 15. Should Sara ask for a letter confirming the telephone conversation if she accepts the offer immediately? a. Yes, because the job offer is a collateral promise b. Yes, because the job offer is covered by the parol evidence rule c. Yes, because the job offer is for longer than one year from March 1 d. No, because the job offer is for one year from June 15 - ANSYes, because the job offer is for longer than one year from March 1 On November 1, Paula and Roberta enter into a contract where both parties are obligated to perform on December 31. On December 1, Paula
d. Russell isn't satisfied with Marty's design. - ANSMarty doesn't plant any flowers, shrubs, or grasses. Sam, a shopkeeper, dies unexpectedly at the age of 46. His lifelong business associate, Paul, is appointed the administrator of the estate. Sam had a personal debt of $8,000 which he owed to Art's Appliance Store. Paul says to Art, "If there isn't enough money in the estate, I'll personally see that the bill is paid." Which of the following is correct? - ANSAn oral statement such as this is not enforceable because this promise is within the statute of frauds. Stark enters into a contract with a contractor to build a large shopping mall in River City. Donner will benefit from this contract since his restaurant is adjacent to the planned mall. Donner in this instance is a(n): - ANSincidental beneficiary The Code greatly alters the common law doctrine of material breach by adopting what is known as the: a. perfect tender rule. b. anticipatory repudiation rule. c. prevention of performance rule. d. discharge by operation of rule law. - ANSperfect tender rule. The law governing assignments is found in Articles ____ and ____ of the Uniform Commercial Code (UCC), as well as the common law. - ANS2 & 9 The parol evidence rule does not apply to:
a. a typographical error that obviously does not represent the agreement of the parties. b. evidence showing one of the parties to the contract lacks contractual capacity. c. The parol evidence rule does not apply to either (a) or (b). d. The parol evidence rule applies to both (a) and (b). - ANSThe parol evidence rule does not apply to either (a) or (b). The party to whom a contractual duty of performance is owed is known as the: - ANSobligee The statute enacted by Congress which makes electronic records and signatures valid and enforceable for many transactions affecting interstate or foreign commerce is the: a. UETA. b. UCC, Article 2E. c. Electronic Signatures in Global and National Commerce Act. d. Interstate and Foreign Commerce Electronic Transactions Act. - ANSElectronic Signatures in Global and National Commerce Act. The voluntary transfer of a contractual right to a third party is known as a(n): - ANSassignment Theresa has a contract to teach eighth grade at Washington Middle School. She decided she could make more money writing a book, so she assigns her teaching contract to her friend, Stephanie, who is also a licensed teacher.
