parol evidence rule
The parol evidence rule:
A) applies to complete written contracts.
B) prevents all proof of fraud.
C) applies to incomplete contracts.
D) is not designed to preserve the integrity of written contracts.
E) all the above.
Zena enters into a contract with Steeley Company to purchase a washer and dryer. She doesn’t understand the financing terms, but signs the agreement anyway because she needs the appliances. The financing terms are very unfavorable to Zena, and she is unable to make all of her payments when they are due. Steeley sues. The court would:
A) be exercising judicial restraint if it requires Zena to pay as she promised, even if the agreement was unfair and unwise.
B) have to rewrite the contract to be fair to both parties.
C) have to declare the contract void since it contained terms unfavorable to the weaker party to the transaction.
D) use the theory of promissory estoppel to remedy any unfavorable terms in the contract.
Describe the rights of employers to monitor the e-mail of employees who are using their employers’ email system.
A) Employers may monitor employees’ e-mails, but only if the employees have consented.
B) Employers may monitor employees’ e-mails, regardless of whether employees have consented.
C) Employers may monitor employees’ e-mails, but only if notice is given.
D) Employers may not monitor employees’ e-mails.
Assume that Bubba orders 15 cases of BBQ chips from Mays Potato Chips for his restaurant, Bubba’s BBQ. Mays ships 15 cases of regular chips by mistake. If Bubba decides to keep the regular chips, in spite of the nonconformity with the contract, then the destruction of the chips when a water pipe breaks in the food storage room will result in:
A) Mays’ having to bear the loss, because it shipped nonconforming goods to Bubba.
B) Mays’ having to bear the loss, because it failed to insure the chips.
C) Bubba’s having to bear the loss, because he accepted delivery of the nonconforming chips.
D) Bubba’s having to bear the loss, because it was a sale on approval contract.
Cyber crime conduct is defined in:
A) existing criminal statues only.
B) computer-specific statutes only..
C) both existing criminal and computer-specific statutes.
D) state law only.
E) All of the above.
Acme Co. offers to buy 1000 widgets from Widget World Co. The written offer provides for 1000 at $10 per widget, to be delivered May 1. The offer has no other provisions. Widget World sends a written acceptance. However, the acceptance also states that if any claim arises under this contract, Widget World must be notified within 10 days. Acme does not object to this provision. Both parties are merchants. Which of the following best describes this situation?
A) No contract exists. The purported acceptance contains additional terms, so it is a counteroffer, which has not been accepted.
B) No contract exists if the additional terms are construed to be material terms.
C) A contract exists. If the additional terms are construed to be material, they are not part of the contract. If the additional terms are not material, they are part of the contract.
D) A contract exists, but the additional terms are not part of the contract no matter what.
The Grand Performance Hall is in the process of remodeling and is scheduled to open for business after being closed for 50 years. As part of the remodeling, it is installing a new sound system. The sound system is to be installed by Sound Systems, Inc. on or before April 10. Opening night of the hall is May 1. The contract states that “time is of the essence” because of the opening-night deadline. Sound Systems has some financial difficulties and doesn’t deliver the system until April 20. Grand Hall refuses to accept it, and Sound Systems sues. What result?
A) Grand Hall wins; the contract date was strictly enforceable.
B) Sound Systems wins; the contract was substantially performed.
C) Grand Hall wins; there was commercial frustration.
D) Sound Systems wins; there was a true impossibility.
Sam accesses the Internet and secures information (including credit history) on another person. If that information is used to purchase products in the other person’s name, Sam’s actions constitute:
A) contract interception.
B) identity theft.
C) character assassination.
D) none of the above.