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The applicability of the Parole Evidence rule presupposes: A

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1. The applicability of the Parole Evidence rule presupposes:
   
   A. an integrated contract
   
   B. all oral contracts are void
   
   C. a contract which is partly oral and partly
   
   D. all the above

 

2. A contract for the purchase and sale of illegal drugs:
   
   A. is voidable
   
   B. is void
   
   C. is unenforceable

 

3. If a minor enters a contract, the contract is: 
   
   A. voidable
   
   B. void

 

 

4. Under the above facts:
   
   A. Preston is guilty only of breach of contract
   
   B. Preston is guilty of both breach of contract and of fraud
   
   C. Preston cannot be held liable under any theory of recovery

 

 

5. Under the above facts, the contract between Preston and Pearl is:
   
   A. void
   
   B. voidable
   
   C. unenforceable
   
   D. illegal

 

6. Under the above facts, Pearl:
   
   A. may not get rescission of the contract with Preston
   
   B. may sue and recover both actual and punitive damages from Preston

 

7. A promise without consideration:
   
   A. can still result in a contract
   
   B. is not a contract

 

8. Which of the following is an example of objective impossibility of performance?
   
   A. not having the money to meet a contractual obligation 
   
   B. not having the education or knowledge to meet a contractual obligation
   
   C. the famous tenor, Lungs LaRue, in unable to sing in an opera because influenza has caused him to temporarily lose his voice
   
   D. all the above are examples of objective impossibility of performance

 

9. For a promise to be contractually binding on the promisor, it must be supported by legally sufficient consideration. T/F

 

TRUE

 

10. The parole evidence rule applies: 
    
    A. only to oral contracts
    
    B. only to real estate contracts
    
    C. only to integrated contracts
    
    D. only to employment contracts

 

11. Consideration must involve the exchange of money. T/F

 

FALSE

 

12. Which of the following statements is true?
    
    A. an illegal bargain can still form a binding contract
    
    B. absence of contractual capacity makes a contract void
    
    C. both a and b
    
    D. none of the above

 

13. A contract for the sale of land:
    
    A. is governed by article 2 of the uniform commercial code
    
    B. is governed by the common law

 

14. A contract for the sale of good:
    
    A. is governed by article 2 of the uniform commercial code
    
    B. is governed by the common law

 

15. Which of the following does not violate the parole evidence rule?
    
    A. extrinsic evidence of fraud
    
    B. extrinsic evidence of a prior or contemporaneous oral agreement which alters a provision in an integrated contract
    
    C. both a and b
    
    D. none of the above

 

 

16. Under these facts:
    
    A. the only case Phoebe could prove is one for innocent misrepresentation and her only remedy would be for recession of the contract
    
    B. Phoebe can make a case for constructive fraud

 

17. Under these facts:
    
    A. Oliver could be liable for contemporary damage
    
    B. Oliver could be liable for punitive damages
    
    C. Both a and b
    
    D. Oliver can successfully defend against any claim of fraud in view of the fact that he did not know that he had no intent to deceive Phoebe

 

18. An example of a duty of absolute performance is:
    
    A. a building contractor's duty to build a warehouse 
    
    B. a trial attorney's representation of a client in court
    
    C. a bone surgeon operating on a patient’s knee
    
    D. an obligation to repay a loan of money

 

19. An example of discharge of a contractual obligation by objective impossibility of performance is:
    
    A. an obligation which becomes illegal to perform while the contract is still unperformed 
    
    B. a broken leg suffered by a professional tennis player who is obligated to play in a tournament
    
    C. conditions essential to the performance of the contract being non-existent
    
    D. all the above

 

20. In order to form a contract, there must be:
    
    A. an offer
    
    B. an acceptance
    
    C. both a and b

 

21. If a party fails to perform an absolute duty owed by that party under a contract:
    
    A. such party has breached the contract 
    
    B. such a party can still be excused if he/she can show substantial performance

 

22. Consideration does not have to involve the payment of money: T/F

 

TRUE

 

23. Mere inability to perform a contract:
    
    A. does not result in a discharge
    
    B. is called subcontracting
    
    C. is called commercial impracticability
    
    D. is a tournament to impossibility of performance

 

24. A tort:
    
    A. is the same as a breach of contract 
    
    B. is an illegal bargain
    
    C. is a civil wrong other than a breach of contract
    
    D. none of the above

 

25. Which of the following damages are recoverable for ordinary negligence?
    
    A. actual damages
    
    B. punitive damages
    
    C. both a and b
    
    D. none of the above

 

26. A civil wrong other than a breach of contract is:
    
    A. the same as criminal conduct 
    
    B. a tort

 

27. Most traits are:
    
    A. fault based
    
    B. non-fault based

 

28. Parole evidence is admissible to show:
    
    A. a prior or contemporaneous agreement or understanding in order to change the content of an integrated contract 
    
    B. that an integrated contract is voidable

 

29. Parole evidence is admissible to show:
    
    A. a prior or contemporaneous agreement which varies, changes, alters or modifies an integrated contract
    
    B. nothing, since parole evidence is never admissible
    
    C. a subsequent integrated modification or rescission of the integrated contract
    
    D none of the above

 

30. An award of money damages to plaintiff in a breach of contract case is an example of:
    
    A. a remedy at law
    
    B. an equitable remedy

 

31. Punitive damages:
    
    A. are damages awarded in intentional tort cases
    
    B. are awarded for breach of contract 
    
    C. both a and b

 

32. In a case involving fraud in the inducement: 
    
    A. the plaintiff can be awarded compensatory damages for breach of contract
    
    B. the plaintiff can be awarded punitive damages for the tort 
    
    C. both a and b
    
    D. none of the above

 

33. The tort theory of strict liability has been applied:
    
    A. in cases involving extra-hazardous activities 
    
    B. the negligence cases 
    
    C. both a and b
    
    D. none of the above

 

34. The tort theory of strict liability has been applied:
    
    A. in defective product cases
    
    B. in negligence cases
    
    C. both a and b
    
    D. none of the above

 

35. Article 2 of the uniform commercial code contains significance departures from the common law. T/F

 

TRUE

 

36. If a plaintiff successfully probes that a defendant breached a contract, money damages:
    
    A. are automatically awarded to the plaintiff
    
    B. must be separately proved by a preponderance of the evidence

 

 

37. Verne Hicks entered a contract to sell a piece of real estate owned by him to Purnell Wickersome. The land had a fair market value of $429,000.00. The contract called for Purnell to pay a purchase price of $450,000.00. Before the date set for closing, Purnell notified Verne that he was backing out of the contract. Verne sued Purnell for money damages for Breach of Contract. Assuming Verne prevails in his breach of contract cause of action and that above described facts are all proved by a preponderance of evidence, Verne's remedy would be which of the following?
    
    A. money damages in the amount of $21,000.00
    
    B. Verne would recover money damages in the amount of $21,000.00, plus punitive damages
    
    C. both a and b

 

38. Verne Hicks entered a contract to sell a piece of real estate owned by him to Purnell Wicksham. The land had a fair market value of $450,000.00. The contract called for Purnell to pay a purchase prices of $429,000.00. Before the date set for closing, Verne notified Purnell that he was backing out of the contract. Purnell prevails in the breach of contract cause of action, which of the following is true?
    
    A. Purnell will be limited to his remedy at law for money damages, since he can prove $21,000.00 in compensatory damages
    
    B. Purnell can get both compensatory damage and specific performance 
    
    C. Purnell can recover punitive damages
    
    D. Purnell can recover specific performance, since he can show that the remedy at law is inadequate

 

39. In order for a plaintiff to acquire an equitable remedy, the plaintiff must first prove:
    
    A. the inadequacy of the remedy at law
    
    B. that defendant was guilty of a crime

 

40. An equitable remedy is only available when:
    
    A. the plaintiff cannot prove money damages
    
    B. the remedy at law is inadequate
    
    C. both a and b
    
    D. none of the above