Module 5 Quiz PDF

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Summary

Module 5 Quiz regarding the statute of frauds, oral contracts, defense of duress, and undue influence...

Description

Module 5 Quiz Due Nov 20 at 11:59pm

 Points 10

Questions 4

Time Limit 20 Minutes

Instructions You will have 20 minutes in which to complete Module 9 Quiz (4 multiple choice questions). Once you open the quiz, you must complete it; you will not be permitted to exit the quiz and then return to it at a later time.

Attempt History LATEST

Attempt

Time

Score

Attempt 1

7 minutes

5 out of 10

Score for this quiz: 5 out of 10 Submitted Nov 20 at 7:35pm This attempt took 7 minutes.

Question 1

0 / 2.5 pts

Which of the following types of contracts do not fall within the statute of frauds?

orrect Answer An agreement by Peter Painter to paint a house owned by Peter’s neighbor over the course of two weeks.

You Answered

 An agreement by David’s Distribution, LLC to be the exclusive distributor of speedboats manufactured by Fast Boats, Inc. for a period of five years.

Question 2

0 / 2.5 pts

Buyer orally agreed to purchase custom business cards for all of Buyer’s employees from Custom Printer, LLC. Buyer has 200 employees, so the total cost of all of the custom business cards to be printed totaled $20,000. Custom Printer called Buyer before starting the printing process, and Buyer confirmed over the phone that Custom Printer should move forward with the order as soon as possible. Custom Printer confirmed on that same phone call that Custom Printer would begin printing the next morning and anticipated having all business cards printed in three days. Buyer agreed on that same call to pay all $20,000 upon receipt of the printed cards. Immediately following the phone call, Buyer sent an email to Custom Printer confirming the order, quantity, price, payment terms, and delivery date. On the fourth day following the phone call, but before Custom Printer shipped the business cards, Buyer was approach by a competitive printing company who offered to print all of the cards for 25% less. Upon receipt of the business cards from Custom Printer, Buyer refused to pay, and Custom Printer sued Buyer claiming breach of contract. In its defense, Buyer claimed that the statute of frauds precludes enforcement of the contract. Will Buyer likely be successful?

You Answered Yes, because Buyer’s email likely constitutes a signature on behalf of Buyer constituting an “adequate writing” under the statute of frauds analysis

orrect Answer No, because Custom Printer has made substantial steps to manufacture the goods, and the goods are not suitable for sale to others in the ordinary course of Custom Printer’s business.

Question 3

2.5 / 2.5 pts

Which of the following is not required for the defense of duress?

Correct!

The person under duress must have been vulnerable to persuasion.

Question 4

2.5 / 2.5 pts

Two former professional football players, both of whom are large in stature, became door-to-door insurance salesmen after their football careers ended. On a Monday evening, they had no luck going door-to-door in a neighborhood. Despite it being almost 11:00 pm, they rang one more

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doorbell and were welcomed inside by an elderly man. After politely listening to the sales pitch, the elderly man subtly but repeatedly hinted that it was late, he was tired, and he was not interested in purchasing any insurance. The salesmen insisted that the elderly man act now or lose the opportunity to

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purchase insurance. The elderly man insisted that he’d like to consult with his children and his financial advisor, all of whom typically guide him on these financial purchases, but the salesmen persisted. Finally, in an effort to get the men to leave his house, the elderly man signed an agreement to purchase insurance. When the elderly man later refused to pay for the policy, the insurance salesmen sued for breach of contract. If the elderly man sought to preclude enforcement of the contract under the theory of undue influence, which of the factors below is he not required to prove in order to be successful?

Correct! Absent the unfair persuasion, the elderly man would not have entered into the contract.

Quiz Score: 5 out of 10...