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Examples of illusory promises include:


A) cancellation provisions.
B) conditional promises.
C) apparent obligations.
D) real obligations.

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C

Gerwin's daughter Mary was seeking a position as an associate attorney with Baker, Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with Mary over a two-month period, made Mary an offer of employment on January 15. Mary accepted the offer that day and immediately left for Cape Cod to celebrate without telling Gerwin or anyone else about her new job. On January 17, two days after Mary had accepted the offer, Gerwin sent Baker, Charles & Dixon a letter in which she offered to give Baker all of her legal business (approximately $40,000 per year) if the law firm would hire Mary. The law firm accepted. After Gerwin learned that Mary already had been hired by Baker, Charles & Dixon, Gerwin refused to transfer her business to the law firm. The law firm has brought suit against Gerwin on the grounds that a valid contract exists between them. How will the case be decided?

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Judgment will be for Gerwin. A binding c...

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An agreement to pay reasonable additional compensation to a contractor for the performance of a pre-existing contract when the contractor faces extraordinary circumstances caused by unforeseen difficulties is called a:


A) good-faith adjustment.
B) bribe.
C) compensatory allowance.
D) relief payment.

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A

With regard to an unliquidated debt, payment by the debtor of less than the amount claimed by the creditor is consideration for the latter's agreement to release or settle the claim.

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Past benefits already received by a promisor cannot be consideration for a later promise.

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A binding contract cannot contain a cancellation provision.

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Will the law enforce every promise?


A) Yes.
B) Yes, with or without consideration.
C) Generally yes, if consideration is given for the promise.
D) None of the above.

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The promise of a creditor to refrain from collecting a debt is consideration for a promise by the debtor to modify the terms of the transaction.

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In a contract for the sale of goods, any modification made by the parties to the contract must be supported by consideration to be binding.

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Under the doctrine of promissory estoppel, a promisor may be prevented from asserting that his or her promise is unenforceable because the promisee gave no consideration for the promise.

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True

Ordinarily, doing or promising to do what one is already under a legal obligation to do is not consideration.

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The rule that doing or promising to do what one is already legally bound to do is not consideration applies to a part payment made in satisfaction of a(n) __________ debt.


A) unliquidated
B) superfluous
C) non-superfluous
D) liquidated

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Consideration is the bargained-for exchange between the parties to a contract.

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Which of the following is not consideration for a present promise?


A) a return promise
B) forbearance
C) the promise to pay one's child support obligation, consistent with a pre-existing court order.
D) the performance of a requested act

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One promise may serve as consideration for many return promises.

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Consideration always must be an act or the promise to perform an act.

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Which of the following can be consideration for a promise?


A) refraining from beating one's spouse
B) promising to refrain from beating one's spouse
C) refraining from smoking cigarettes
D) refraining from using cocaine

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In most states, promises made to another based on moral obligation lack consideration and are not enforceable.

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Courts will consider the adequacy of the consideration when:


A) one party clearly has the better of the deal.
B) one party has more business experience than the other.
C) one party claims to have been defrauded.
D) one party shows a much lower price nationally-advertised on television.

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Consideration is not required in:


A) contracts for the sale of goods.
B) employment contracts.
C) agreements to modify employment contracts.
D) agreements to modify contracts for the sale of goods.

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