Exam 11: Creating a Contract: Acceptances

According to the Uniform Commercial Code and the Restatement Second,an offeror who remains silent impliedly authorizes the offeree to accept by any reasonable means of communication.

When an offeree uses a nonauthorized means of acceptance,the acceptance is:

If an offeree dispatches both an acceptance and a rejection to an offer,_____.

Under both the Uniform Commercial Code (UCC)and the common law,the acceptance cannot materially vary from the offer:

Diya sent an e-mail to Sid stating that she wanted him to organize her wedding.The e-mail mentioned that Sid should accept the offer by replying to the e-mail.He received the e-mail and went to Diya's house and communicated acceptance of the offer.Is Sid's acceptance of offer effective?

When communicating acceptance of an offer,a stipulation:

An acceptance is effective as soon as it is dispatched if the offeree uses:

Laura offered to sell Louis a tract of land.The offer was complete and certain as to all material terms.The offer stated that a telegraphed acceptance was required.Within a reasonable time,Louis telephoned Laura to accept.Which of the following is a true statement about this situation?

An acceptance is not effective upon dispatch by the offeree if the offer is sent by a stipulated means.

If one or both parties to a form contract are nonmerchants,the additional terms proposed by one of the parties are treated as:

Which of the following statements is true of browse-wrap agreements?

Yael sent Jen an offer to sell his mountain bike for $150.After thinking about the offer for a few days,Jen sent Yael a letter accepting his offer and asking if he intended to leave the book basket attached to the bike.The next day,before Jen's letter arrived,Yael phoned Jen and told her that he had decided to sell his bike to Jake,who had offered him $200.Which of the following statements holds true of this case?

An offer sent by stipulated means is effective when dispatched.

Whenever possible,the courts interpret an offer as proposing a unilateral contract.

To accept an offer for a unilateral contract,where a promise is exchanged for an act,the offeree need not necessarily perform the act requested by the offeror.

Which of the following statements is true of the Uniform Commercial Code about acceptance by shipment?

An offer that says "If you do not object within 10 days,we have a contract" imposes a legal duty on the offeree to respond.

A seller cannot accept a buyer's offer by simply promising to ship the goods or by shipping the goods.

Nina sent a letter to Adrian that stated she wanted to hire him to decorate the interiors of her house.She wrote that he should accept the offer by mail.Adrian received the letter and telephoned Nina to say that he accepted the offer.Which of the following statements is true in this case?

An agent of the original offeree does not have the legal power to accept an offer and create a contract.