Paralegal Exam Prep - Question List

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96. Rayna and Robin are best friends. They decided to go on vacation together to Jamaica. They agreed that Rayna would make all of the travel arrangements and pay for them, and then Robin would reimburse Rayna for her share. Rayna put the agreement in writing and included details of all of the expenses for which Robin was to reimburse Rayna. Robin, excited about the trip and trusting Rayna, signed the agreement without reading it. She was shocked when Rayna later asked for a check for $5324 for herportion of the trip. Of that amount, $3244 was for First Class airfare. Robin was upset, as she had no idea that Rayna purchased First Class airfare and would have preferred to fly coach. Robin refused to pay for the airfare. Rayna sued Robin. Who will win?
  1. Robin will win, as she did not read the contract and did not know that it required her to pay for First Class airfare.
  2. Robin will win, as sneaking in First Class airfare rendered the contract unconscionable.
  3. Rayna will win, as Robin had a duty to read the contract before signing it.
  4. Robin will win, as Rayna should have made sure that Robin understood that the contract required Robin to pay for First Class airfare.
  5. None of the above.
97. Tara agreed to housesit for Tammie while Tammie was on vacation. While Tara was gone, the toilet backed up. Tara contacted a plumber and paid to have the toilet repaired. Will Tammie have to reimburse Tara for the repair?
  1. Yes. Tara and Tammie had an express contract for Tammie to reimburse Tara for the repair work.
  2. No. Tara and Tammie did not have a contract for Tara to take care of repair work.
  3. Yes. Tara and Tammie had an implied contract for Tammie to reimburse Tara for the repair work.
  4. No. Tara's payment for the repair work was a gift to Tammie.
  5. No. Tara should have asked Tammie before arranging for the repair work.
98. Belviana agreed to rent a room for $300 from Belle for 3 days in Collegetown, MT. She planned to spend the weekend in Collegetown attending the big game, and going to the parade before the game, the pep rally, and the tailgate party. One week prior to the big game, the entire team was suspended for violating school policies. The team was forced to forfeit the game and all weekend activities were cancelled. Belviana told Belle that she would no longer need the room and requested a refund of the $300. Belle refused. Belviana sued Belle and won. On what doctrine did the court likely base its decision?
  1. Frustration of purpose
  2. Superseding illegality
  3. Act of God
  4. Impossibility
  5. Impracticability
99. The following is an example of what type of clause?
"In the event of an act of God, strikes or acts of labor unions, fires, war or other occurrences beyond the control of the parties, the party affected shall not be liable for any failure to perform under this agreement."
  1. Act of God clause
  2. Termination clause
  3. Force majeure clause
  4. A or C
  5. A or B
100. Elizabeth designs greeting cards. Big Printer manufacturers the greeting cards for Elizabeth. Elizabeth entered into an agreement with Big Gift Shop to provide them with 1000 greeting cards for $2.00 per card. Big Printer unexpectedly raised its printing prices to the extent that Elizabeth would lose money if she sold her cards at $2.00 per card. Elizabeth told Big Gift Shop that she would not be able to fulfill her obligations under the contract. Big Gift Shop sued Elizabeth for breach. Who will win?
  1. Elizabeth will win because the price increase has made the contract unconscionable.
  2. Elizabeth will win because she can no longer afford to perform.
  3. Big Gift Shop will win because once parties enter in a contract for the sale of goods, the contract is inexcusable.
  4. Elizabeth will win because changed circumstances excused her from performing.
  5. Big Gift Shop will win because Elizabeth is not excused from performing just because performance has become expensive for her.

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