Exam 10: Offer and Acceptance

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In most cases,an offeror can revoke an offer as long as the revocation is communicated before the offeree accepts. 

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The mailbox rule applies to communication by phone and fax as well as the mail. 

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An option contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment given by the offeree. 

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Corporate Code,Inc.,sells business software accounting and book keeping programs,blank business forms,inventory control functions,and the like in different combinations,in different packages,at different prices.Each package includes a shrink wrap agreement that limits warranties and remedies.Developmental Research Corporation (DRC)buys a Corporate Code package and uses the product.Later,DRC files a suit against the software seller,claiming that the product was flawed and that the flaws caused DRC to suffer business losses.DRC asks for relief that exceeds the limits in the shrink wrap agreement.What is a shrink wrap agreement? Are such agreements always enforced? Under what circumstances is a court likely to enforce this agreement?

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On May 1 Jill offers to sell Andrea a herd of sheep.On May 3 Jill mails Andrea a letter revoking the offer.Andrea receives the letter on May 5.Jill's revocation of the offer to sell the sheep became effective on​ 

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There are no revocable offers. 

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An ad on the News Now Web site asks viewers to "send us your story and we might share it with the world." Onyx submits a manuscript,adding,"I accept your offer." Between NewsNow and Onyx,there is​ 

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An invitation to negotiate is an agreement. 

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One necessary element for an effective offer is a reasonable price related to market value. 

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Wally offers to sell a certain used forklift to Valu Lumber Outlet,but Wally dies before Valu accepts.Most likely,Wally's death​ 

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An offeror's subjective intent determines the effectiveness of an offer. 

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Elin decides to try to sell her collection of celebrity memorabilia in an auction "with reserve." If Elin changes her mind,she can withdraw her collection​ 

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Laredo advertises a reward for the return of his lost dog.Mikayla,who does not know of the reward,finds and returns the dog.Mikayla cannot recover the re-ward,because she​ 

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World Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce.The UETA applies,if at all,only to those transactions in which the parties agree to use​ 

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An offer may invite an acceptance to be worded in specific terms but that cannot make the contract definite. 

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Pacific Charter Company offers to provide an air-conditioned bus to Quincy's tour group for $1,500 plus the cost of the fuel.The mailbox rule applies if Quincy accepts the offer by​ 

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Beth goes to Dr.Carlton for surgery.Carlton says that Beth should be fully healed within a week.Beth is not healed within a week.With respect to breach of contract,Carlton is​ 

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An offer does NOT need to be communicated to the offeree to become effective. 

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Revocation is effective on dispatch. 

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An invitation to negotiate-"can you afford this?"-is an offer. 

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