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Fritz offers to buy a guitar owned by Holle for twice what she paid for it. She accepts and hands the guitar to Fritz. Holle's delivery of the guitar is


A) not consideration because its adequacy is unfair.
B) not consideration because the exchange is not a bargain.
C) consideration.
D) not consideration because the value is not legally sufficient.

E) B) and D)
F) A) and B)

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A promise to do something that one has no prior legal duty to do is not legally sufficient consideration.

A) True
B) False

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To constitute consideration, there must be


A) a payment.
B) a performance.
C) a bargained-for exchange.
D) serious thought underlying each party's intent to contract.

E) C) and D)
F) A) and B)

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Jen promises to pay Kam $500 because "she does not have as much money as other people." Jen's promise is


A) enforceable because society wants people to keep their promises.
B) enforceable because the redistribution of wealth is a valid social goal.
C) not enforceable because Jen could have paid Kam more.
D) not enforceable because Kam has not given consideration in return.

E) All of the above
F) B) and D)

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Kim promises to pay Leo $500 to install a sump pump in Kim's warehouse. Leo completes the installation. The act of installing the pump


A) imposes a moral obligation on Kim to pay Leo.
B) imposes no obligation on Kim unless she is satisfied with the job.
C) is not sufficient consideration because it is not goods or money.
D) is the consideration that creates Kim's obligation to pay Leo.

E) A) and B)
F) A) and C)

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In general, courts question the adequacy of consideration.

A) True
B) False

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Providing accounting services is "something of legally sufficient value."

A) True
B) False

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Consideration must provide the basis for the bargain struck between contracting parties.

A) True
B) False

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National Trucking Company begins transporting crude for Oil Inc. under a contract for a stated amount per load. After six months, National demands an increase in the stated amount because ordinary business expenses have increased. Oil's agreement to pay the increased amount is


A) enforceable as the consideration is past.
B) enforceable due to unforeseen difficulties.
C) unenforceable as an illusory promise.
D) unenforceable due to the preexisting duty rule.

E) None of the above
F) A) and B)

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Molly's motorcycle is damaged in an accident caused by Luc's negligence. Luc agrees to pay Molly $25,000 if she agrees to release him from further liability. Molly agrees. If Molly's damages ultimately exceed $25,000, she can


A) recover the balance for lack of consideration.
B) recover the balance because the consideration was past.
C) recover the balance due to unforeseen events.
D) not recover the balance.

E) C) and D)
F) B) and D)

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A preexisting duty may arise out of a previous contract.

A) True
B) False

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Consideration refers to one party's assessment of the other party to a contract.

A) True
B) False

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If a debt is liquidated, an accord and satisfaction cannot take place.

A) True
B) False

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Painting a garage can constitute "something of legally sufficient value."

A) True
B) False

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To pay on receipt of certain goods is "something of legally sufficient value."

A) True
B) False

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Centre City Properties, Inc., owns and manages a warehouse. DIY Home Improvement Stores agrees to lease the warehouse for six years. Under the lease, DIY is obligated to pay all of the utility costs. Two years into the term, DIY asks Centre City to modify the lease to provide that the utility costs will be split equally between them. The landlord agrees, but later decides it does not want to share the costs and refuses to pay. Is Centre City bound to its agreement to share the utility costs? Why or why not?

Correct Answer

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Centre City Properties, Inc., the landlo...

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EcoEnergy LLC files a suit against Fiber Optics Inc., claiming that the consideration for their contract is inadequate-that the plaintiff will not realize sufficient financial benefit from the deal to make it worthwhile. Most likely, the court will


A) evaluate the fairness of the bargain.
B) ask "how much" consideration was given.
C) not question the adequacy of consideration.
D) not determine whether consideration was exchanged.

E) A) and B)
F) A) and C)

Correct Answer

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With respect to consideration, the application of the rule regarding preexisting duty is meant to prevent extortion.

A) True
B) False

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A promise to pay a previous debt barred by a statute of limitations can be enforced without consideration.

A) True
B) False

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Two parties can mutually agree to rescind a contract only to the extent that it has been executed-otherwise, there is nothing to rescind.

A) True
B) False

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