QUIZ QUESTIONS
LAW IN GENERAL
1. How many classes of rights are there?
2. Name them.
3. How did men derive these rights?
4. What limitations, if any, are there to rights?
5. Have property rights always been recognized?
6. A finds a watch in the street and, without making any attempt to find the owner, keeps it. Is the right of possession in A?
7. In primitive times were personal or property rights more generally recognized?
8. How were rights originally enforced?
9. How are rights enforced at present?
10. How did laws originate?
11. Define law.
12. What does law embrace?
13. What connection have laws with courts of justice?
14. What connection, if any, have customs to laws?
15. What is the purpose of law?
16. What class of laws is enforced for the benefit of the state?
17. A steals B's horse. B, by proper legal action, recovers possession of the horse. Is the law enabling B to recover the horse a law for protection of citizens, or for the protection of property?
18. What are the sources of law?
19. Do decisions of courts form any part of law? If so, what?
20. What are the New York State Reports?
21. What are the Philippine Island Reports?
22. Is the treaty existing between the United States and Japan, law? If so what kind of law?
23. Define statutes. How are statutes enacted?
24. To what classification of law do statutes belong?
25. Is the English Constitution written or unwritten law?
26. Do customs and statutes bear any relation to each other?
27. How is the record of the state statutes kept?
28. What are the general divisions of law?
29. Is any part of the unwritten law written?
30. Is all unwritten law written?
31. Is any written law unwritten?
32. Is unwritten law stable?
33. How, if at all, can the written law of a state or country be changed?
34. Are treaties unwritten law? How, if at all, are the records of Congress kept?
35. Give a general classification of law.
36. Is there a universally recognized classification of law?
37. Define administrative law and give an example.
38. Define public law and give an example.
39. Define private law. Classify private law.
40. Define constitutional law.
41. Define criminal law and give an example.
42. Can the heir or personal representative of a murdered man ever recover money compensation for the murder?
43. If so, is it by means of private or public law?
44. Is a criminal tried and punished by private or by public law?
45. Define law of procedure and give an example.
46. What do contracts embrace?
47. What does the word tort mean?
48. Give an example of a tort.
49. Does the same act ever constitute a breach of contract, a tort, and a crime?
50. Define commercial law.
CONTRACTS
1. Define contract.
2. Give an example of a business transaction which constitutes a contract.
3. What is the purpose of putting important contracts in writing?
4. What is meant by offer?
5. Give an example of offer.
6. A coat marked $25 is placed by a merchant in a window. Does this constitute an offer?
7. An advertisement is put in a paper advertising chairs for $7.00 each. Does this constitute an offer?
8. What is an agreement?
9. Is an agreement a contract?
10. Give an example of an agreement.
11. What is meant by acceptance?
12. Give an example of a contract having no acceptance.
13. A offers to sell B his watch for $10.00. B offers A $8.00. Is there an acceptance? Is there a contract in the above case?
14. What is a counter offer? Give an example of a counter offer.
15. What is meant by the term meeting of the minds?
16. Give an example of an acceptance not of the exact terms of the offer.
17. What is meant by mutuality?
18. Distinguish meeting of the minds and mutuality.
19. May there be an acceptance of a contract by an act? If the above question is answered in the affirmative, give an example.
20. Must an acceptance be communicated to the offer?
21. A writes B, "I will sell you my horse for $150. If I do not hear from you to the contrary by Thursday noon I will consider the horse yours." B does not reply. After Thursday noon, to whom does the horse belong?
22. Define option. Give an example of an option.
23. Does an option require a consideration to render it valid?
24. What is an element of a contract?
25. Give the elements of a contract.
26. How many parties to every contract?
27. What is meant by legal age?
28. A, a male, sixteen years old, contracts with B, a female, eighteen years old. Can B avoid the contract on the ground of the infancy of A?
29. Is fraud or duress a defense to a contract?
30. How many kinds of consideration are there?
31. Is a good consideration sufficient to support a contract?
32. Define valuable consideration.
33. Give an example of a contract which may be supported by a good consideration.
34. What is meant by a sealed instrument?
35. Is something beneficial to the promisee a sufficient consideration to a contract?
36. A promises B to pay him $100 if B will promise to work for him for one month. B promises. Is there a consideration to this contract? If so, what is it?
37. Define mutual promise.
38. Is a mutual promise a valuable consideration? Give an example of mutual promise.
39. Define past consideration. Give an example of past consideration.
40. Does a past consideration support a contract?
41. What is meant by adequate consideration?
42. Does a consideration have to be adequate to support a contract?
43. May adequacy of consideration be considered in determining whether or not fraud was used in procuring a contract?
44. Give an example of a promise to do something one is already bound to do.
45. Is a promise to do something one is already bound to do a sufficient consideration to support a contract?
46. Give an example of illegal consideration.
47. Does an illegal consideration support a contract?
48. Do all the terms of a contract have to be express?
49. Define express contract.
50. A housewife orders a sack of flour from her grocer by telephone. The flour is delivered and accepted by her. Is this an implied contract?
51. Give an example of an express contract.
52. Do any contracts have every term expressly set forth?
53. Define implied contract.
54. Are uncertain contracts void or voidable? Give an example of an uncertain contract.
55. Give the distinction between unilateral and bilateral contracts.
56. A promises to sell his dog to B if B will promise to pay him $5.00 the following day. B promises to pay A $5.00 the following day. Is this contract unilateral or bilateral?
57. A promises to pay B $100 if B will dig a well for A. B digs the well. Is the contract unilateral or bilateral?
58. Distinguish executory and executed contracts.
59. A promises to pay B $5,000 if B will deliver to him a deed of his farm. B delivers the deed. Is the contract executed or executory?
60. Is the above contract executed as to A? Is it executory as to B?
61. Are infants bound by their contracts? Define infant.
62. Are infants' contracts void?
63. Distinguish void and voidable.
64. Can a competent party contracting with an infant avoid the contract on the ground of infancy of the other party?
65. Can an infant ratify a contract after becoming of legal age?
66. Explain how, if at all, an infant may ratify his contracts.
67. Define the term necessaries.
68. A, an infant, has not sufficient clothing. B, a merchant, sells him a coat worth $7.00, for $14.00. Can B recover anything from A? If so, how much?
69. Is an infant entitled to receive his wages?
70. What is meant by emancipation of an infant? Is emancipation of an infant ever implied?
71. What is meant by novation? Give an example of novation.
72. Are contracts made for the benefit of a third person enforceable by such third person?
73. Are contracts of an insane person enforceable?
74. Are contracts of insane persons, intoxicated persons, and idiots void or voidable?
75. A, while intoxicated, purchased a coat from B for $10.00. The following day, when sober, A promises to pay for the coat. Can B enforce the contract?
76. Can an insane person make a valid contract during a lucid interval?
77. Can married women enter into contracts?
78. Do custom and usage ever enter into a contract?
79. A purchases forty barrels of yellow grease from B, like sample furnished. The grease arrives, ranging in color from white to black. B offers to show a custom among grease dealers, known to A, that a composite sample is used in selling grease. Can he show this custom as part of the contract?
80. Are oral contracts ever valid? Why, if at all, do some contracts have to be in writing?
81. What is meant by the statute of frauds?
82. When and where did this statute originate? What was the purpose of this statute?
83. Does the statute serve any useful purpose at the present time?
84. Do the states of this country have a statute of frauds, or is it a part of their unwritten law?
85. By the terms of the statute of frauds what contracts must be in writing?
86. Are contracts covered by the Statute of Frauds illegal if not in writing?
87. A orally promises B to work for him for two years for the consideration of $2,000. Can either party enforce the contract?
88. What is meant by the term specialty? Are specialties included in the Statute of Frauds?
89. Can you make an oral promissory note?
90. Can contracts be made by letter and telegraph?
91. A, by letter, offers B $1,000 for B's team of horses. B mails a letter of acceptance which is lost in the mails. Is there a valid contract?
92. A, by letter, offers B $10 for a harness. By the following mail, A writes revoking the offer. B receives the letter of revocation five minutes after mailing his acceptance. Is the contract revoked?
93. A, by letter, offers B $1,000 for his racing horse and says, "I will consider my offer accepted upon receipt of your reply." B's letter of acceptance is lost in the mail. Is there a valid contract?
94. A wires B that he will pay him $100 per share for his Pennsylvania Railroad stock. B hands his telegram of acceptance to the telegraph operator who fails to send it. The following day A wires a revocation of his offer. Is there a valid contract?
95. Does a revocation by wire or letter have to be received to be effected?
96. Does an acceptance by wire or letter have to be received by the offerer to constitute a valid acceptance?
97. In what respect do sealed instruments differ from ordinary contracts?
98. At present what constitutes a seal?
99. At present is it the tendency of the law to favor sealed instruments?
100. Are Sunday contracts void or voidable?
101. What makes Sunday contracts unenforceable?
102. What was The Lord's Day Act of England?
103. What is meant by works of charity and necessity?
104. A makes and delivers a promissory note to B for $100 on Sunday. Is the note enforceable?
105. What makes a contract illegal?
106. Are illegal contracts void or voidable? Give an example of an illegal contract?
107. What is a gambling contract?
108. Are gambling contracts void?
109. Why are gambling contracts illegal?
110. Define fraud.
111. Is a false representation made during the formation of a contract known by both parties to be false, a defense to the contract?
112. Give an example of a false misrepresentation which will serve to avoid a contract?
113. Can there be duress without personal violence? Define duress.
114. Give an example of duress.
115. Do duress and fraud render a contract void or voidable?
116. Define mistake in connection with making a contract. Define mistake of fact.
117. Define mistake of law.
118. Does mistake of one party to a contract avoid the contract?
119. Does mistake of law avoid a contract?
120. Does mutual mistake render a contract void or voidable?
121. What is meant by a contract impossible of performance? Give an example of a contract impossible of performance.
122. A, on April 4, enters into a contract dated April 2, by which he promises to deliver to B within twenty-four hours, five tons of coal. Is A liable on this contract?
123. Do floods, earthquakes, or lightning preventing performance excuse performance?
124. Is a party to a contract excused from performance by reason of a strike?
125. May a party to a contract stipulate against strikes and Acts of God in such a manner as to avoid liability therefor?
126. If a party to a contract renders performance impossible can he force performance?
127. What is meant by conflict of law?
128. Does the law of the place where a contract is made, or the law of the place where the contract is enforced, prevail?
129. If a contract is made in one place, to be performed in another, the law of which place prevails in the interpretation of the contract?
130. What is meant by assignment of a contract?
131. A, a singer, contracts to sing at B's opera house for one week. Can A assign her contract to C, another singer? Can B assign his contract to D?
132. What is meant by giving notice of assignment?
133. Is an assignment a contract?
134. What are the elements of a valid assignment?
135. Does an assignment require a consideration?
136. Write an assignment of a simple contract.
137. Define several liability.
138. Can a party be jointly and severally liable on the same contract?
139. If two parties are jointly liable on a contract can one of them be sued thereon without the other?
140. If two parties are severally liable on the same contract, can both be sued together thereon?
141. Define liability in solido. Give an example of liability in solido.
142. How may a contract be discharged by performance? Give an example of a contract discharged by performance.
143. What is meant by tender? What constitutes legal tender?
144. Does United States statute or a state statute make certain money legal tender?
145. What kinds of money constitute legal tender?
146. A owes B $5.00. He tenders him the amount in nickels. Is the tender good?
147. A owes B $500.00. He tenders him a certified check for the amount. Is the tender good?
148. Can a contract be discharged by a subsequent agreement?
149. A agrees to dig a well for B for $10.00. Before A starts work, B changes his mind, and offers A $1.00 in settlement. Is the contract discharged if A accepts the $1.00?
150. Define warranty.
151. Give an example of warranty to a contract. 152. Does breach of warranty discharge the contract?
153. Does breach of warranty give rise to an action for damages?
154. Define rescission.
155. Give an example of rescission.
156. Define statu quo.
157. Define breach of contract.
158. Give an example of breach of contract.
159. In case of breach of contract must the other party wait until the time for performing the entire contract elapses, or may he sue at once?
160. Define bankruptcy.
161. By what kind of law is bankruptcy regulated?
162. Does bankruptcy discharge a contract?
163. Define voluntary bankruptcy.
164. Who may become a voluntary bankrupt?
165. Define involuntary bankruptcy. Who may become an involuntary bankrupt?
166. Define act of bankruptcy.
167. Enumerate acts of bankruptcy.
168. At common law could one party to a contract compel another to perform it specifically? Under present law can a contract for sale of personal property be enforced specifically?
169. What is the measure of damages for failure to deliver merchandise under a contract of sale?
170. How did the court of equity originate?
171. Are juries used in courts of equity?
172. What classes of cases are tried in equity?
173. Does a court of equity have jurisdiction of a case where there is a plain and adequate remedy at law?
174. With what kind of contracts is equity especially concerned?
175. Give an example of a contract which may be enforced specifically by a court of equity.
176. Write a form for a simple contract between A and B for the sale of a horse.
PRINCIPAL AND AGENT
1. What is meant by the term agency?
2. Give an example of a transaction completed by an agent.
3. Is there a limitation upon the kinds of business which may be transacted by an agent?
4. Distinguish principal and agent from master and servant.
5. Define and give an example of principal.
6. Define and give an example of agent.
7. Define and give an example of agency.
8. Define infant.
9. Is a married woman seventeen years of age an infant?
10. May an infant be a principal?
11. Define and distinguish void and voidable contracts.
12. May an idiot, insane, or drunken person act as principal?
13. May a corporation or partnership transact business through agents?
14. May a child eight years of age act as agent?
15. In general, what persons may act as agents?
16. May a person act as agent who is not capable of acting for himself?
17. May a person whose interests are opposed to those of his principal act as agent?
18. May corporations or partnerships serve as agents?
19. Must an agent's authority to act as agent be in writing?
20. May an agent be appointed or authorized to act by implied contract?
21. Define and give an example of implied contract.
22. What is meant by ratifying an act of an agent.
23. Give an example of a principal's ratification of an unauthorized act of an agent.
24. Give an example of a contract of agency which must be in writing.
25. Why must some contracts be in writing?
26. What are the principal provisions of the Statute of Frauds?
27. Must contracts of agency authorizing an agent to complete a land transfer be in writing?
28. Must a contract authorizing an agent to procure a purchaser for a house and lot be in writing?
29. Can a third party rely upon the statements of an agent that he has authority to act as agent?
30. May a person do through an agent anything which he may lawfully do by himself?
31. A employs B to purchase votes for an act pending in a state legislature. Is A or B, or both, guilty of a crime?
32. A employs B to paint a picture, and B employs C to paint the picture. Must A accept the work of C?
33. What things are necessary to enable a person to ratify the acts of an alleged agent?
34. May a forgery be ratified?
35. Give a classification of agents.
36. A is employed to deliver a package for B. What kind of an agent is B?
37. Give an example of a universal agent.
38. Enumerate the duties a principal owes his agent.
39. A employs B to work in his garden. B works for ten days, no compensation having been agreed upon. How much, if anything, can B recover from A?
40. If an agent abandons his agency before the time of his agency expires, can he recover anything for work performed? If so, how much?
41. What duty, if any, does a principal owe to his servant as to furnishing a safe place in which to work?
42. What rules, if any, does a servant assume?
43. In general, what are the liabilities of a principal to third persons who deal with an agent?
44. Is a principal liable to a third person who has dealt with an agent, who acted within the apparent but not the actual scope of his authority?
45. Is a principal liable to third persons for lots committed by an agent within the scope of the agent's authority?
46. Give an example of a lot or private wrong committed by an agent while acting for his principal, for which the principal is not liable.
47. Enumerate, in general, the duties an agent owes his principal.
48. Is an agent liable to his principal for mistakes of judgment or discretion?
49. Is an agent who acts without compensation ever liable to his principal for negligence? If so, give an example.
50. Enumerate, in general, the liabilities of an agent to third persons with whom he deals.
51. A, an agent for B, sells goods to C, in his own name. C afterwards discovers that A is agent for B. Can C hold A?
52. If an agent procures a contract for his principal by means of fraud is the agent liable personally on this contract?
53. If an agent, believing he has authority to act as an agent, where in fact he does not, reveals all the facts of his agency to a third party with whom he is dealing, is he liable personally to such third party if it turns out that he acted without authority?
54. Define and give an example of undisclosed principal.
55. Is an undisclosed principal when discovered, liable for the acts of his agent?
56. Is an agent of an undisclosed principal personally liable to third persons for acts of agency after the undisclosed principal is discovered?
57. May there be an undisclosed principal to a negotiable instrument?
58. What is meant by apparent authority of an agent as distinguished from actual authority?
59. Give an example of an agency where the apparent authority of the agent conflicts with the actual authority.
60. If an agent appears to have authority to act for another, but in fact never received any authority, can third persons rely upon his apparent authority?
61. Do customary powers belonging to an agent come within the meaning of apparent authority?
62. May a principal limit an agent's apparent authority by printing limitations in the agent's order sheet and in making contracts with third persons? If so, give an example.
63. Define and give an example of secret instructions.
64. Can a principal evade responsibility to third persons by secret instructions given to an agent?
65. If a third party dealing with an agent knows of the secret instructions, is he bound by them?
66. Define and give an example of sub-agent.
67. Is a sub-agent responsible to the agent?
68. Is an agent ever responsible for the acts of a sub-agent?
69. What matters, if any, may an agent delegate?
70. Define and give examples of mechanical and ministerial duties.
71. Distinguish an agency requiring personal skill, discretion, and judgment, from one requiring the performance of ministerial or mechanical duties.
72. When, if at all, is an agent authorized to collect?
73. Is an agent authorized to sell goods, always authorized to collect for them?
74. Is an agent authorized to collect, authorized to take checks?
75. How should an agent authorized to sign a written instrument for his principal, sign?
76. May an agent authorized to sign a promissory note for his principal, sign his principal's name without his own?
77. An agent authorized to sign a written contract for his principal signs his own name followed by the word, agent; e.g., "A, Agent." Is the principal bound?
78. When, if at all, is an agent authorized to warrant the quality of personal property sold?
79. Define warranty.
80. Give an example of an agent who is impliedly authorized to warrant.
81. Do usage and custom have anything to do with the agent's implied authority to warrant?
82. Define factor, and give an example.
83. Do factors have possession of the goods?
84. Do factors have implied authority to collect?
85. Do factors have the right to sell goods in their own name?
86. Is a commission merchant a factor?
87. Define broker.
88. Distinguish broker and factor.
89. Give an example of broker.
90. Is a real estate agent a broker, or a factor?
91. In what respect, if any, does an auctioneer differ from an ordinary agent?
92. What is meant by licensed auctioneers?
93. Are auctioneers' fees ever regulated by statute?
94. What is meant by auctioneer's lien?
95. When, if at all, may an auctioneer sell on credit?
96. May an auctioneer make his own terms of sale? Are all third persons bound by the terms advertised?
97. Define and give an example of del credere agent.
98. Must a del credere agent receive a separate consideration for his guaranty?
99. When is a real estate agent entitled to receive his commission?
100. Does the contract of a real estate broker differ from the contract of any other agent?
101. How may an agency be terminated?
102. Give an example of an agency terminated by lapse of time, and of one terminated by act of parties.
103. May all agencies be terminated at the will of the parties?
104. What is meant by notice to third persons of termination of an agency, and when, if at all, is this notice necessary?
105. Explain termination of agency by operation of law.
106. In case of termination of agency by death of principal must third parties be notified?
107. Does injury or liability of an agent ever terminate an agency? If so, under what circumstances?
108. Define agency coupled with an interest.
109. Is an agency coupled with an interest revocable at the will of either party?
110. A employs an agent at a salary of one hundred dollars per month, promising him 1% commission in addition, on all orders taken in excess of $1,000 per week. Is this an agency coupled with an interest?
111. Give an example of an agency coupled with an interest.
CHAMBER OF COMMERCE, CHICAGO, ILL.