#1
Which of the following elements are essential for a contract to be legally binding?
All of the above
ExplanationAll essential elements including offer, acceptance, consideration, and intention to create legal relations are required for a contract to be legally binding.
#2
In contract law, what does the term 'consideration' refer to?
A promise or something of value given in exchange for a promise
ExplanationConsideration refers to something of value exchanged between parties to a contract, typically a promise for a promise or a promise for performance.
#3
What is the concept of 'capacity' in contract law?
It refers to the legal ability of the parties to enter into a contract.
ExplanationCapacity in contract law refers to the mental and legal ability of parties to understand the terms of a contract and to enter into a legally binding agreement.
#4
Which of the following is NOT a valid element of a contract?
Intent
ExplanationIntent is not a formal element of a contract; essential elements include offer, acceptance, consideration, and legality of purpose.
#5
What is 'consideration' in contract law?
Something of value exchanged for a promise or performance
ExplanationConsideration is the value exchanged between parties to a contract; it can be a promise, performance, or forbearance in exchange for something of value.
#6
What is the difference between a unilateral and a bilateral contract?
A unilateral contract involves one party making a promise in exchange for an action, while a bilateral contract involves promises from both parties.
ExplanationUnilateral contract involves one promise in exchange for an action, whereas bilateral contract involves promises from both parties.
#7
What is the 'Statute of Frauds' in contract law?
A law that requires certain contracts to be in writing to be enforceable.
ExplanationThe Statute of Frauds mandates certain contracts, like those involving real estate or lasting longer than one year, to be in writing to be enforceable.
#8
Which of the following is NOT a valid defense to a breach of contract?
Remedy
ExplanationRemedy is not a valid defense to a breach of contract; defenses may include lack of capacity, illegality, or mistake.
#9
What is the difference between 'void' and 'voidable' contracts?
'Void' contracts are legally binding but can be canceled, while 'voidable' contracts are not enforceable from the beginning.
Explanation'Void' contracts are valid but can be canceled by one of the parties, whereas 'voidable' contracts are not enforceable due to certain circumstances.
#10
What is the difference between 'express' and 'implied' contracts?
'Express' contracts involve clear terms explicitly agreed upon by the parties, while 'implied' contracts arise from the conduct of the parties.
Explanation'Express' contracts have explicitly stated terms, while 'implied' contracts derive from the actions or conduct of the parties.
#11
What is the doctrine of 'privity of contract'?
It refers to the requirement that only parties to a contract can enforce its terms.
ExplanationPrivity of contract dictates that only those who are parties to a contract can enforce its terms and benefit from its obligations.
#12
What does the 'parol evidence rule' stipulate in contract law?
It allows parties to introduce oral evidence to supplement or contradict the terms of a written contract.
ExplanationThe parol evidence rule permits parties to present oral evidence to clarify or supplement terms in a written contract, but not to contradict them.
#13
What is the doctrine of 'frustration of purpose' in contract law?
It refers to the occurrence of an unforeseen event that makes performance of the contract impossible or radically different from what was originally intended.
ExplanationFrustration of purpose occurs when an unforeseen event makes it impossible or significantly changes the purpose of the contract, rendering performance substantially different from what was originally intended.
#14
What is 'quantum meruit'?
A legal doctrine that allows for the recovery of the reasonable value of services rendered.
ExplanationQuantum meruit is a legal principle that entitles a party to recover the reasonable value of services performed or goods provided under an implied contract.
#15
What is the 'doctrine of substantial performance'?
A doctrine allowing for the enforcement of a contract even if there are minor deficiencies in performance
ExplanationThe doctrine of substantial performance permits enforcement of a contract if the essential purpose has been fulfilled, despite minor defects or omissions in performance.