Mutual Assent Self-Quiz

 

 

 

 

 

 

Sampson has a piece of property that Delilah wants to buy. She has asked Sampson several times to sell it to her but Sampson has always been hesitant. One night, Sampson and Delilah go out for dinner and Delilah again asks Sampson if he would be interested in selling his property to her. Sampson has no intention of selling the property to Delilah but he tells her he will sell it to her so that she will leave him alone about it. He even writes a contract of sale on a napkin, signs it, and gives it to Delilah who signs it as well. A week later, Delilah tries to pay Sampson for the land and take possession of it. Sampson informs Delilah that he was never serious about selling her the land and he refuses to let Delilah take possession of the property. If Delilah sues Sampson for breach of contract, she will probably:
Choice 1 Lose, because Sampson was not serious about selling her the land when he drew up the contract
Choice 2 Lose, because the contract was written on a napkin
Choice 3 Win, because Delilah thought Sampson was serious when he drew up the contract
Choice 4 Win, because a reasonable person would have understood the exchange between Sampson and Delilah as establishing a contract
Sampson is getting ready to go on a job interview and decides he should probably have his hair cut. He does not have the time to go to a proper hair dresser so he knocks on his neighbor Delilah’s door and offers her $50 if she will cut his hair. Without saying a word, Delilah leads Sampson to a chair and proceeds to give him a hair cut. After Delilah has finished, Sampson refuses to pay her. Delilah sues Sampson for the $50. At the trial, Sampson argues, and Delilah admits, that Delilah never explicitly agreed to give him the hair cut. Based on this argument, Sampson will win this case:
True
False
It is a beautiful April 1st day in St. Louis and Big John is getting ready to umpire the opening day baseball game between the St. Louis Cardinals and the Chicago Cubs. During the first inning, Big John begins to feel strange. He calls a time out and begins to walk to the Cardinals dug-out, but he collapses in convulsions before he gets there. Carter, a doctor from Chicago who has driven to St. Louis for the game is sitting a few rows behind the Cubs dug-out. He immediately recognizes that Big John is having a heart attack and he runs onto the field to help. Thanks to Carter’s medical training, Big John survives the heart attack. A few days after the game, Carter sends Big John a bill for his medical services. Big John refuses to pay and Carter files suit. During the trial Carter admits that he never had an explicit agreement to treat Big John and he was only acting as a good samaritan but, he maintains that he should be paid for his services anyway. Carter will probably win this suit:
True
False

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