The Can-Spam Act

A, Allows anyone to spam any party at any time.

B. Allows Spammers to mislead or misrepresent the recipient as to the

content of a spam email

C. Prohibits the recipient from opting –out of receiving spam email

D, None of the above.

11. In order to obtain an injunction

A. A party must show they can recover a minimum of $75,000

B. A party must show that they cannot win any damages

C. A Party must show that they will suffer irreparable harm if the injunction

is not granted.

D. All of the above.

12. A writ of attachment is issued when?

A. When discovery is initiated.

B. When a complaint is filed.

C. When a judgment has been rendered.

D. When the case is dismissed for lack of jurisdiction

 

 

. 13. Restitution allows for the return of any monies paid if

A. There is a material breach of the contract

B. There is a minor breach of the contract

C. If there has been complete performance

D. Any time the Buyer is unsatisfied with the products delivered.

 

 

14. A contract may be discharged by the Parties if there is

A. Mutual Rescission

B. Novation

C. Accord & Satisfaction

 

D. All of the above

 

15. A Quasi contract

A. Confers a benefit on another even though there is no formal contract.

B. Can never be enforced.

C. Are contracts in law.

D. Would cause unjust enrichment to not cause a party to pay for a benefit

received.

E. A & C

F. A & D

G. A, C & D

16. If a contract is to be assigned notice must be given by

A. The assignor to the third party

B. By the assignee to the third party.

C. By the third party to the assignor and the assignee.

D.. Any of the above.

 

 

17. The Statute of Frauds was created

A. To allow for verbal contracts in certain circumstances.

B. To allow for the rescission of a contract prior to performance

C. Require that certain contracts be in writing to be enforceable.

D. All of the above.

.

 

18. In order to prove undue influence, a party must show:

A. That a fiduciary relationship existed between the Parties.

B. It must be shown that one Party has a mental incapacity.

C. There must be a dominant Part who used unduly used their influence to

cause the other party to enter into the contract.

D. A & B

E. A & C

F. All of the above.

19. In order to prove fraud which of the following elements must be present?

A. There must be an intentional misrepresentation, with reliance on the

misrepresentation by the other party.

B. There must be an intention by the wrongdoer that the other Party rely on

the misrepresentation.

C. There must be harm.

D. A & B

E. B & C

F. All of the above

20. An illegal contract is:

A. Voidable

B. Void.

C. Fully enforceable.

D. None of the above.

 

 

21. A contract made by a minor for necessaries is:

A. Voidable because the Party is a minor

Page 6 of 15 B. Void because the Party is a minor

C. Fully enforceable.

D. All of the above.

22. A contract made by a minor may be ratified

A. At any time up to the time of majority.

B. Never. A contract made by a minor is void ab initio.

C. Only after the minor reaches the age of majority.

D. At any time

 

 

. 23. An acceptance is effective:

A. After it is received by the offeror.

B. When the offeree performs

C. As soon as the offeree executes the acceptance.

D. As soon as the offeree transmits the offer

 

 

24. A unilateral contract requires:

A. A bilateral exchange of promises

B. An offer

C. A written acceptance

D. An acceptance by performance

E. All of the Above

F. A&D

G. None of the above

 

 

 

 

 

25. A contract must always contain the following:

A. An offer, acceptance, and consideration

B. A writing

C. A legal purpose

D. A handshake

E. A, B, & C

F. A & C

G. All of the above