DBIA Unofficial Practice Questions
So I am preparing for the DBIA exam, and decided to share my notes. I have no idea what is on the exam and I can be held responsible for the accuracy of the information posted on this blog, so please use caution if you plan on using my notes.
Question | Answer |
What components are need to make a contract? | Offer, Acceptance, Consideration, Capacity, Authority |
What is Consideration? | Value or money exchanged for performance |
What is Capacity? | The parties entering the contract are legally able to do so, ie understand what they are signing |
What is Authority? | The parties entering the contract are authorized to do so. |
What is Course of Performance? | Performance defined in this contract. |
What is Promissory Estoppel? | Protection to party who is dependent on someone to complete an action |
What is Privity of Contract? | A third party cannot sue on a contract to which he or she was not a party. |
What is Detrimental Reliance? | A rationale that one is making a promise and not fraud |
What is Expectation Damages? | To award the non-breaching party what is reasonably expected from the contract |
What is Rescission Damages? | If Expectation Damages were not available, courts will proceed was if contract had not existed |
What is Specific Performance? | If the scope is unique, the court may order the the party to complete its obligation. |
What is Quantum Meruit? | Court will help injured party if the other party is unjustly enriched (ie owners fail to inform a bidder that they are extremely too low). |
What is Tort Law? | Remedy for someone wrongfully harmed. |
What is Betterment? | An improvement on a property that needs to be paid for at least once. |
Why is Mounds View vs Walijarvi important? | Professionals are expected exercise the same skill and judgement as other professionals. |
What is the concept of Economic Loss Doctrine? | To try to make both parties healthy. |
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