Practice Quiz

Paralegal

Category - Judgement

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You work for an attorney who is handling a commercial litigation case involving a contract for the sale of a business. As part of the sale price, the seller agreed to make herself available to the buyer for one year as a consultant on matters related to the business. As your attorney is drafting a motion, she asks you to find a precedent for the proposition that consideration in a contract case does not necessarily need to be in the form of money. Which of the following cases is most analogous to your attorney’s case?
  1. A case in which a seller of real estate accepted both a cash payment and title to a smaller parcel of land.
  2. A case in which a successful plaintiff in a negligence case accepted a new car in satisfaction of the judgment.
  3. A bankruptcy case in which all debts owed by the debtor were discharged (cancelled or forgiven).
  4. A probate case in which a daughter inherited her parents’ home.
Explanation
Answer: A - A case in which a seller of real estate accepted both a cash payment and title to a smaller parcel of land. Answer A is the best answer because, like your attorney’s case, it involved a sale contract, and because the transfer of title to the smaller parcel was part of the consideration paid to the seller. Although Answer B involves a transfer of consideration (the new car), it was transferred to pay a judgment and is much less analogous. Answers C and D do not involve contract cases and are not analogous because they do not involve an exchange of consideration.
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