A default judgment is when:
A. A plaintiff fails to file a motion timely with the court
B. A plaintiff fails to amend pleadings properly
C. A defendant fails to respond to a complaint within the allotted time
D. None of the above
Q. 2Melvin enters into a 10-year contract with George for the use of George's boat three times each year from June to September. The contract specifically states that the contract cannot be modified. After a few years, George decides that he no longer wants Melvin to be able to use the boat in September. Melvin agrees to limit his use to June, July, and August, in exchange for a small reduction in the yearly rent. In the seventh year of the contract, Melvin notifies George that he wants to use the boat in the first week of September. George tells Melvin that he can't use the boat, because they modified the contract. Is George correct?
A) Yes, because the reduction in rent overrides any non-modification clause in the agreement.
B) Yes, because parties are always free to modify their contract, regardless of any statement to the contrary in the contract.
C) No, because George did not pay any consideration for the modification.
D) No, because the contract specifically stated that it could not be modified.
Q. 3Motions are the same as pleadings.
Indicate whether the statement is true or false
Q. 4Under Restatement (Second) of Contracts 89, when can a contract be modified?
A) before the contract's effective date
B) when the contract is fully performed
C) when unforeseeable changes in circumstances occur
D) when the parties choose to do so
Q. 5Timothy sends an e-mail to Joe, offering to sell his RV for 25,000. Joe replies that he is willing to consider buying the RV, but he wants the chance to inspect it first. Two days later, Joe inspects the RV and sends Timothy an e-mail agreeing to purchase it for 25,000, and suggests that they meet the following Friday to complete the deal. Timothy replies by e-mail that the date is fine with him. The following day, Joe sends an e-mail stating, By the way, I'd like you to replace the front bumper on the RV, because I noticed it has a pretty bad dent. Is Joe's last e-mail a counteroffer or a modification?
A) a modification, because a contract was formed as soon as Timothy agreed to the delivery date
B) a counteroffer, because no additional consideration was offered for replacing the bumper
C) a modification, because no additional consideration was offered for replacing the bumper
D) a counteroffer, because the deal had not been finalized when the e-mail was sent
Q. 6A party can unilaterally modify a contract as long as the contract doesn't specifically state that both parties must agree to modifications.
Indicate whether the statement is true or false
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