Exam 12: Formation of Contracts: Offer and Acceptance

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An offer is effective only if it is communicated by the offeror in person.

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An otherwise vague contract may be clarified by references in the contract to other documents or agreements.

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Under the Uniform Commercial Code (UCC), a firm offer applies to:

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On April 15, Morgan sent a letter to Clark offering to sell her business to Clark for $200,000.The offer stated that it would expire on May 1.On April 30, Morgan sent another letter to Clark that stated that she was withdrawing the offer.Clark received that letter on May 1.Also on April 30, Clark sent a letter to Morgan accepting the offer.Morgan received that letter of acceptance on May 1.Morgan refused to sell the business to Clark, claiming that no contract had been formed.Clark brought suit to enforce the contract against Morgan.Based on what you have learned in this chapter, decide the probable outcome of the case.

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A properly mailed acceptance takes effect when mailed, even if it never is received by the offeror.

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A customer requested a price from a carpenter on a teak cabinet to be built according to the buyer's specifications.Because teak wood is difficult to obtain, the customer agreed to pay the cost of the wood plus $175 and the carpenter agreed to build it.Which of the following is correct?

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An option is itself a contract to refrain from revoking an offer.

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If an offeree dies before the offer has been accepted, the offer:

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If the offeree purports to accept an offer but in so doing makes any change to the terms of the offer, such action is a counteroffer that rejects the original offer.

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If an offer is indefinite or vague, no contract arises from an attempt to accept it.

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An offer is terminated upon rejection by the offeree unless:

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If no termination date is specified for an offer, the offer will remain open:

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A requirements contract is too vague to be a legally-enforceable agreement.

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