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CIPS Exam L5M3 Topic 1 Question 31 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 31
Topic #: 1
[All L5M3 Questions]

John has signed a document with Larry that says that he will give Larry his car. Both John and Larry are over the age of 18 and are of sound mind. Larry accepts this offer and signs the document. Is this a contract?

Show Suggested Answer Hide Answer
Suggested Answer: D

'restitution damages cannot be mitigated by the actions of the innocent party' is the untrue state-ment out of these four. The general principle of Restitution Damages is that the innocent party is expected to be proactive in mitigating the consequences of any breach and should not allow costs to spiral out of control. See p. 124


Contribute your Thoughts:

Viola
8 days ago
Ha! I bet Larry's trying to pull a fast one on John. This sounds more like an invitation to treat than a contract. I'd go with D.
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Tiera
15 days ago
Hmm, I'm not so sure. Isn't consideration an essential element of a contract? I'm leaning towards C - no consideration, so it's not a valid contract.
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Melissa
18 days ago
But what about consideration? Isn't that necessary for a contract to be valid?
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Micheline
20 days ago
I agree with France, as long as they are of sound mind and over 18, it should be a valid contract.
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Joaquin
20 days ago
I think the answer is B. Both parties have consented and have the capacity to enter into a contract. That's the key requirement for a valid contract.
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France
22 days ago
I think it's a contract because both parties consented.
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