论文题目：美国东北大学商法25道考题
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论文专业：business
字数：25选择题
学校国家：美国
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美国东北大学商法25道考题
1. Under the statute of frauds, personal service contracts must be in writing to be enforced. A) True
B) False
1。关于欺诈的法规下，个性化的服务合同必须以书面形式向被执行。 A）真 B）假
A
2. A court will admit parol evidence to clear up ambiguities in an agreement. A) True
B) False
2。法庭会承认口头证据在协议中清除混淆。 A）真 B）假
A
3. On December 1, 2001, Exclon, Inc. entered into a contract with ServeUSA. Under the http://www.szdhsjt.com/mgzydx/ contract, ServeUSA is to provide computer support to Exclon from January 1, 2002 through December 31, 2002. Under the statute of frauds, this contract:
. A) does not require a writing because the term of the contract is one year.
. B) does not require a writing because the agreement is for services, not goods.
. C) requires a writing because the contract cannot be performed within one year from
December 1, 2001.
. D) requires a writing because the contract involves intangibles.
. C
4. Cube Construction, the general contractor on a construction project, was falling behind on its payments to Amex, a subcontractor. Amex is threatening to cease working if not paid. Such an action would have terrible financial consequences for Kalli, the owner of the premises. Kalli promises Amex that she will pay if Cube fails to do so. Under the statute of frauds, does this agreement need to be in writing in order to be enforceable?
. A) Yes, because Kalli's main purpose is to retain an economic benefit for herself,
rather than to benefit Cube.
. B) Probably not, because Kalli's main purpose is to retain an economic benefit for
herself rather than to benefit Cube.
. C) Yes, because this promise probably cannot be kept within one year.
. D) Probably not, because it is likely that this promise can be kept within one year.
. B
5. Which of the following does not satisfy the statute of frauds signature requirement?
. A) The memorandum is on the stationery/letterhead of one party and is signed by the
other.
. B) The memorandum contains the stamped signatures of both parties.
. C) The memorandum is only signed by the party seeking enforcement.
. D) Both signatures appear on invoices and telegrams relating to the contract.
. A
6. Wallco entered into a contract to buy 100 desks from Desks R Us. The agreement was in writing on a printed form. The contract form provided that payment is due on receipt of the goods. The parties, however, typed the following provision on the printed form, “Payment is due 30 days after receipt of the desks.” Which term will be enforced?
. A) The printed term since the term was actually printed on the contract.
. B) The typed term since it is the best evidence of the parties' true intention.
. C) Neither term since the terms conflict.
. D) The typed term because the contract is interpreted in favor of the party who didn't
prepare the contract.
. A
7. Marsha and Fran have entered into a contract that falls under the statute of frauds. The only evidence of the agreement is a letter Marsha sent to Fran. Which of the following may be a sufficient “signature” if Marsha denies the enforceability of the contract in court?
. A) Marsha's own, handwritten signature.
. B) Marsha's stamped signature.
. C) Marsha's stationery containing her name.
. D) All of the above.
. A
8. A contract may be discharged through release, rescission, or accord, but not through satisfaction or novation.
A) True
B) False
B
9. A court may order specific performance if damages or restitution will be inadequate. A) True
B) False
A
10. Contracts carry an implied duty to mitigate damages. A) True
B) False
A
11. Accord and satisfaction is an agreement whereby the parties decide to accept performance different from that required by their original bargain and the parties' later compliance with the new agreement.
A) True
B) False
A
12. Myron, a contractor, finished building a house for Becky except that he failed to paint the trim on the house. If Becky refuses to pay and Myron sues, the likely result would be:
. A) Myron would lose, as he has not fully performed his contract responsibilities.
. B) Myron would lose unless Becky agreed to this contract modification.
. C) Myron would recover the full contract price, as he substantially performed.
. D) Based on substantial performance, Myron would recover the contract price less the
amount needed to paint the trim.
. D
13. Muriel ordered a new green sport utility vehicle from Rich's Motors. When the time for delivery came, her new vehicle wasn't delivered and Rich's couldn't guarantee when it would be delivered. As such, she agreed to take a blue sport utility vehicle that Rich's had in stock. This transaction would be called:
. A) a release.
. B) an accord and satisfaction.
. C) a novation.
. D) a discharge by operation of law.
. B
14. Jacques entered into a contract to purchase a rare coin from Al's Collectibles. Later, Al refused to perform because the value of the coin had increased. If requested, the court may grant:
. A) specific performance.
. B) rescission.
. C) reformation.
. D) liquidated damages.
. A
15. A condition that must happen before the parties to a contract have an obligation to perform is called:
. A) a concurrent condition.
. B) a condition subsequent.
. C) a condition precedent.
. D) None of the above.
. C
16. Myers, Inc. entered into a contract with Stairway Inc. Stairway was to manufacture a hydro-powered generator. The generator was to be delivered by September 15. The contract contained the following provision:
“Damages. Stairway, Inc. will pay Myers, Inc. $500 per day for each day after September 15 that delivery of the generator is delayed.”
The damages provision is called:
. A) a liquidated damages clause.
. B) a compensatory damage clause.
. C) a nominal damages clause.
. D) an accord clause.
. C
17. Discharge of a contract occurs in all of the following EXCEPT:
. A) difficulty in performance.
. B) complete performance.
. C) substantial performance.
. D) accord and satisfaction.
. A
18. Fashions Plus entered into a contract to purchase 1,000 #2221 undergarments for $10,000. Because of a typographical error, the written contract reflected a contract price of $1,000. If a court subsequently changes the contract amount to $10,000, it is granting the remedy of:
. A) reformation.
. B) rescission.
. C) specific performance.
. D) quasi contract.
. A
19. If the buyer is able to revoke acceptance, he or she may then also select any appropriate pre-acceptance remedies.
A) True
B) False
A
20. In order to use the remedy of reclaiming the goods from the buyer, the seller must prove that the buyer was insolvent at the time the goods were accepted.
A) True
B) False
A
21. DAVC18Teck-E shipped goods to Compute. Compute accepted the goods and tendered a check. Teck-E had heard rumors of Compute's insolvency and demanded payment in cash. Which statement is correct?
. A) Teck-E has no right to demand cash since it was not part of the agreement.
Consequently, Compute has met its obligation by tendering a check and needs to
do no more.
. B) Upon Teck-E's demand, Compute must immediately tender cash.
. C) Upon Teck-E's demand, Compute must tender cash but has a reasonable time to do
so.
. D) Under the circumstances, Compute can revoke its acceptance.
. A
22. O'Shea's contracted to buy kitchen equipment from Restaurant Supply. Restaurant Supply heard rumors that O'Shea's was experiencing financial difficulties. On March 1, O'Shea's president sent a letter to Restaurant Supply stating that the business was solvent. On March 10, Restaurant Supply shipped the kitchen equipment and O'Shea's accepted. The payment term was net 30 days. O'Shea's failed to pay for the equipment. O'Shea's was insolvent as of February 15. Which statement is correct concerning Restaurant Supply's right to reclaim the kitchen equipment? |
