Indefiniteness Self-Quiz

 

 

 

 

 

College Painters, Inc. is a house painting company staffed and run by college students from Boston College. The company has just signed a contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house white with blue trim and Howard will pay the company $10,000 for the job. The contract says nothing about when the job must be completed. Two days before the company is supposed to begin working, they get an offer to paint a larger house for $15,000. The company calls Howard and tells him that they will not be painting his house. Howard immediately sues the company. The company defends itself by arguing that the contract was void because time of performance was left out. The company will win:
True
False
College Painters, Inc. is a house painting company staffed and run by college students from Boston College. The company has just signed a contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house, the job to be completed in two weeks, and Howard will pay the company $10,000 for the job. The contract says nothing about the color that the house is to be painted. Two days before the company is supposed to begin working, they get an offer to paint a larger house for $15,000. The company calls Howard and tells him that they will not be painting his house. Howard immediately sues the company. The company defends itself by arguing that the contract was void because of indefiniteness. The company will win:
True
False
College Painters, Inc. has just signed a contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house, the job to be completed in two weeks, and Howard will pay the company $10,000 for the job. The contract says nothing about the color that the house is to be painted. However, Howard lives in a neighborhood whose zoning laws require all houses to be white with blue trim. Two days before the company is supposed to begin working, they get an offer to paint a larger house for $15,000. The company calls Howard and tells him that they will not be painting his house. Howard immediately sues the company. The company defends itself by arguing that the contract was void because of indefiniteness. The company will win:
True
False
Ben and Jerry, the owners of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc. under which Moo Juice will provide 2% milk to Ben and Jerry at a price of $1 per gallon. The contract states that Moo Juice will deliver the milk to Ben and Jerry’s plant on the first of each month and that the contract will last for two years. The contract says nothing about how much milk Moo Juice is supposed to deliver each month. The day before the first delivery is due, Ben and Jerry contact Moo Juice to tell them that they have found a new milk supplier and that they will not be buying milk from Moo Juice. Moo Juice immediately sues Ben and Jerry for breach of contract. Moo Juice will probably:
Choice 1 Win, because there was consideration for the contract
Choice 2 Win, because the court can infer quantity based on how much milk Ben and Jerry have used in their plant in the past
Choice 3 Lose, because quantity cannot be inferred
Choice 4 Lose, because Ben and Jerry backed out of the contract before performance began
Ben and Jerry, the owners of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc. under which Moo Juice will provide 2% milk to Ben and Jerry at a price of $1 per gallon. The contract states that Moo Juice will deliver the milk to Ben and Jerry’s plant on the first of each month and that the contract will last for two years. The contract says nothing about how much milk Moo Juice is supposed to deliver each month. At the beginning of the first month, Moo Juice ships, and Ben and Jerry accept and pay for, ten thousand gallons of milk. The same thing happens at the beginning of the second and third months. The day before delivery is due at the beginning of the fourth month, Ben and Jerry contact Moo Juice to tell them that they have found a cheaper milk supplier and that they will not be buying milk from Moo Juice. Moo Juice immediately sues Ben and Jerry for breach of contract. Moo Juice will probably:
Choice 1 Win, because there was consideration for the contract
Choice 2 Win, because the court can infer quantity based on how much milk Ben and Jerry accepted under the first three months of the contract
Choice 3 Lose, because quantity cannot be inferred
Choice 4 Lose, because Ben and Jerry are entitled to take advantage of a better price
Ben and Jerry, the owners of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc. under which Moo Juice will provide 2% milk to Ben and Jerry, to be delivered on the first of each month, and that the contract will last for two years. The contract says that the price of each month’s delivery will be determined by the market price of milk at the first of each month. Market price usually fluctuates between $1 and $1.10 per gallon. The day before the first delivery is due, Ben and Jerry contact Moo Juice to tell them that they have found a cheaper milk supplier and that they will not be buying milk from Moo Juice. Moo Juice immediately sues Ben and Jerry for breach of contract. Moo Juice will probably:
Choice 1 Win, because the parties designated a reasonable method for filling in price
Choice 2 Win, because there was consideration for the contract
Choice 3 Lose, because price cannot be inferred
Choice 4 Lose, because Ben and Jerry are entitled to take advantage of a better price
College Painters, Inc. has just signed a contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house, the job to be completed in two weeks. The contract also says that Howard and the company will agree on a price at some point in the future but before the job has been finished. Two days before the company is supposed to begin working, they get an offer to paint a larger house for $15,000. The company, knowing that they will not make as much painting Howard’s house, calls Howard and tells him that they will not be painting his house. Howard immediately sues the company. The company defends itself by arguing that the contract was void because of indefiniteness. The company will probably::
Choice 1 Lose, because there is consideration for the agreement
Choice 2 Lose, because Howard may pay more that $15,000 for the job
Choice 3 Win, because the company is allowed to take advantage of a better price
Choice 4 Win, because price is a material term
College Painters, Inc. has just signed a contract with Howard, a private homeowner, to paint his house. The contract states that the company will paint the house, the job to be completed in two weeks and that Howard will pay the company $10,000 upon completion of the job. The contract also says that Howard and the company will agree at some point in the future as to the brand of paint the company will use. Two days before the company is supposed to begin working, they get an offer to paint a larger house for $15,000. The company calls Howard and tells him that they will not be painting his house. Howard immediately sues the company. The company defends itself by arguing that the contract was void because of indefiniteness. The company will probably::
Choice 1 Lose, because there is consideration for the agreement
Choice 2 Lose, because the brand of paint is not a material term
Choice 3 Win, because the company is allowed to take advantage of a better price
Choice 4 Win, because Howard can hire another company to paint his house

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