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John has signed a document with Larry that says that he will give Larry his car. Both John and Larry are over the age of 18 and are of sound mind. Larry accepts this offer and signs the document. Is this a contract?
Suggested Answer: D
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'restitution damages cannot be mitigated by the actions of the innocent party' is the untrue state-ment out of these four. The general principle of Restitution Damages is that the innocent party is expected to be proactive in mitigating the consequences of any breach and should not allow costs to spiral out of control. See p. 124
47 comments · newest first
RO
Robt
11 months ago
Isn't this just a promise? Not sure it's a real contract.
LE
Leonor
11 months ago
Totally agree, they both consented and are of age!
LU
Luis
12 months ago
Wait, is it really a contract without any payment?
RY
Ryan
12 months ago
I think it needs consideration to be valid.
BO
Bobbye
1 year ago
Definitely a contract, both signed it!
YO
Yolande
1 year ago
I remember that a contract needs to have all elements, including consideration. So, I think option C might be the right choice since it seems like there's no exchange happening.
AR
Art
1 year ago
I'm a bit uncertain about whether this counts as a contract. I feel like we discussed something similar in class, but I can't recall the details.
MI
Michel
1 year ago
I think option B makes sense because both parties are of sound mind and consented. That seems like a key point in contract law.
UN
Una
1 year ago
I remember that for a contract to be valid, there needs to be consideration. I'm not sure if giving a car counts as consideration here.
GO
Goldie
1 year ago
I'm a little confused on the consideration piece. If there's no exchange of value, then it might not be a valid contract. I'll need to review that concept again before answering.
FR
Francesco
1 year ago
Okay, I think I've got it. The fact that they're both over 18 and of sound mind suggests capacity, and the signing indicates offer and acceptance. The tricky part is the consideration, but I'm leaning towards option B.
AN
Annamaria
1 year ago
Hmm, I'm a bit unsure about this one. The question mentions that they both signed the document, but it doesn't explicitly say there was consideration. I'll need to think this through carefully.
YO
Yong
1 year ago
This seems like a straightforward contract question. I'll focus on the key elements - offer, acceptance, and consideration.
GW
Gwenn
1 year ago
This seems straightforward to me. The key elements of a contract are all present - offer, acceptance, and capacity. The lack of consideration is the only potential issue, but I think option B is the best answer.
HA
Haydee
1 year ago
Statement 4 seems completely off because it contradicts the core principles of flexibility and decentralization, but the others feel a bit fuzzy to me.
CA
Caitlin
1 year ago
I'm pretty sure this is asking about a type of mass model, and the correct answer is that an In-place mass model is not saved externally from the project file.
GE
Gene
1 year ago
This seems like a straightforward question about behavior modification techniques. I'm pretty confident I can identify the correct approach the parents are using.
HA
Haydee
1 year ago
This is the kind of contract dispute that would make Judge Judy reach for her gavel and a bottle of Pepto-Bismol!
LO
Lottie
1 year ago
D) no- this document is an invitation to treat
ED
Edda
1 year ago
C) no- there is no consideration
BA
Barney
1 year ago
B) yes- both parties consent and have capacity to do so
TA
Tammara
1 year ago
A) yes- it has been signed
AN
Antonio
1 year ago
Wait, wait, wait... John's giving Larry his car? I bet Larry's already planning to trade it in for a hot tub and a lifetime supply of avocado toast!
CA
Carolynn
1 year ago
C) no- there is no consideration
PA
Pansy
1 year ago
B) yes- both parties consent and have capacity to do so
TE
Teddy
1 year ago
A) yes- it has been signed
ZO
Zona
2 years ago
Whoa, hold on there! If John and Larry are both of sound mind and over 18, it's gotta be a valid contract, right? I'm going with B, no doubt about it.
RO
Rosendo
1 year ago
B) yes- both parties consent and have capacity to do so
GL
Glory
1 year ago
Absolutely, it's a valid contract.
LA
Laurene
1 year ago
B) yes- both parties consent and have capacity to do so
BL
Blondell
1 year ago
A) yes- it has been signed
VI
Viola
2 years ago
Ha! I bet Larry's trying to pull a fast one on John. This sounds more like an invitation to treat than a contract. I'd go with D.
MA
Maurine
1 year ago
D) no- this document is an invitation to treat
MI
Micaela
1 year ago
C) no- there is no consideration
JE
Jeff
1 year ago
B) yes- both parties consent and have capacity to do so
TO
Torie
1 year ago
A) yes- it has been signed
TI
Tiera
2 years ago
Hmm, I'm not so sure. Isn't consideration an essential element of a contract? I'm leaning towards C - no consideration, so it's not a valid contract.
LI
Linn
1 year ago
B) yes- both parties consent and have capacity to do so
FE
Felicidad
1 year ago
A) yes- it has been signed
ME
Melissa
2 years ago
But what about consideration? Isn't that necessary for a contract to be valid?
MI
Micheline
2 years ago
I agree with France, as long as they are of sound mind and over 18, it should be a valid contract.
JO
Joaquin
2 years ago
I think the answer is B. Both parties have consented and have the capacity to enter into a contract. That's the key requirement for a valid contract.
LA
Latrice
1 year ago
Agreed. Without those elements, the contract would not be enforceable.
ZA
Zack
1 year ago
That's correct. Consent and capacity are essential for a valid contract.
LI
Lindsay
1 year ago
B) yes- both parties consent and have capacity to do so
AN
Annamaria
2 years ago
A) yes- it has been signed
FR
France
2 years ago
I think it's a contract because both parties consented.