Question 1

The Uniform Commercial Code has created an exception to the "mirror image" rule in cases where contract for the sale of goods are made by exchanging forms.

Accepted Answer

A) True 
 B)False

Question 2

To create acceptance to an offer for a bilateral contract,_____.

Accepted Answer

A)  an offeree must perform the act requested by the offeror 
B)  silence will never constitute acceptance of an offer 
C)  acceptance must always be properly communicated to the offeror 
D)  an offeror is allowed to word his or her offer so that the offeree will be bound to the contract 
A)  an offeree must perform the act requested by the offeror 
B)  silence will never constitute acceptance of an offer 
C)  acceptance must always be properly communicated to the offeror 
D)  an offeror is allowed to word his or her offer so that the offeree will be bound to the contract

Question 3

Explain the idea of "stipulation" and the effect it has on a contract.

Accepted Answer

A stipulation is an expression by the of

Question 4

In a browse-wrap contract,_____.

Accepted Answer

A)  the user assents to contractual terms by clicking on a button that reads "yes" or "I agree" 
B)  a written draft of the agreement is prepared and the user accepts the terms by signing on it 
C)  time, place, or method of communication is spelled out in the contract 
D)  the agreements claim that a user assents to the terms by taking a specified action 
A)  the user assents to contractual terms by clicking on a button that reads "yes" or "I agree" 
B)  a written draft of the agreement is prepared and the user accepts the terms by signing on it 
C)  time, place, or method of communication is spelled out in the contract 
D)  the agreements claim that a user assents to the terms by taking a specified action

Question 5

In a unilateral contract,the offer is accepted when the:

Accepted Answer

A)  offeror verbalizes his assent. 
B)  offeree attempts to perform the act. 
C)  offeror puts across his promise in writing. 
D)  offeree performs the requested act. 
A)  offeror verbalizes his assent. 
B)  offeree attempts to perform the act. 
C)  offeror puts across his promise in writing. 
D)  offeree performs the requested act.

Question 6

The court looks for the same present intent to contract on the part of the offeree to determine whether the offer has been accepted.

Accepted Answer

A) True 
 B)False

Question 7

On April 1,2008,Joe received a telegram from Adam offering to build Joe a resort cottage for $100,000.On April 5,2008,at 10:00 A.M.,Adam sends Joe a telegram attempting to revoke the offer.At 11:00 A.M.on the same day,Joe sends Adam an e-mail attempting to accept the offer.At 11:30 A.M.,Joe receives Adam's revocation.Assume Adam's offer was silent on the question of what means Joe could use to accept.Which of the following is true when the offeror impliedly authorizes acceptance by any reasonable means?

Accepted Answer

A) The parties would not have a contract because the impliedly authorized means of communication was a telegram. 
B) The parties may have a contract if the court concludes that mail was a reasonable way for Joe to accept Adam's offer. 
C) The parties would not have a contract because Joe did not use the means impliedly authorized by trade usage. 
D) The parties may have a contract if Adam reads the acceptance e-mail before the revocation reaches Joe. 
A) The parties would not have a contract because the impliedly authorized means of communication was a telegram. 
B) The parties may have a contract if the court concludes that mail was a reasonable way for Joe to accept Adam's offer. 
C) The parties would not have a contract because Joe did not use the means impliedly authorized by trade usage. 
D) The parties may have a contract if Adam reads the acceptance e-mail before the revocation reaches Joe.

Question 8

A unilateral contract trick can be described with a situation where a dishonest seller who has received a "rush" order sending the wrong goods,hoping that the buyer's necessity will force him to accept.

Accepted Answer

A) True 
 B)False

Question 9

Explain the process followed by the court to determine the intent of the parties to enter into a contract if a dispute arises before the written draft of agreement is created?

Accepted Answer

The courts determine the intent of the p

Question 10

An offeree may accept an offer within a reasonable time by any reasonable means of communication if the:

Accepted Answer

A)  parties are dealing over the telephone. 
B)  offeror suggests a method or a place of communication in the offer. 
C)  written offer is lost in transit. 
D)  offer merely suggests a method or place of communication. 
A)  parties are dealing over the telephone. 
B)  offeror suggests a method or a place of communication in the offer. 
C)  written offer is lost in transit. 
D)  offer merely suggests a method or place of communication.

Question 11

Under the Uniform Commercial Code,if the parties are both merchants,additional terms in the offeree's form may be included in the agreement unless the:

Accepted Answer

A)  offer expressly limited acceptance to its own terms. 
B)  new terms materially abide the offer. 
C)  offeror gives notice of objection to the new terms without considering time limit. 
D)  offeree clearly makes a counteroffer by expressly rejecting the offer. 
A)  offer expressly limited acceptance to its own terms. 
B)  new terms materially abide the offer. 
C)  offeror gives notice of objection to the new terms without considering time limit. 
D)  offeree clearly makes a counteroffer by expressly rejecting the offer.

Question 12

An offeror can minimize problems with the timing of acceptances since he or she has the power to control the conditions under which the offer can be accepted.

Accepted Answer

A) True 
 B)False

Question 13

Explain the similarity and difference between click-on and browse-wrap contracts.

Accepted Answer

The click-on and browse-wrap contracts c

Question 14

Under the Uniform Commercial Code Rule 2-207 for the sale of goods after a contract is made by the exchange of forms,when the acceptance form has terms additional to or different from the offer,_____.

Accepted Answer

A)  no contract will result because the acceptance form will be considered as a counteroffer and thus an implicit rejection of the offer 
B)  a contract can result, but the differing terms may not be part of the contract 
C)  a contract can result, and the differing terms must be included as part of that contract 
D)  no contract will result because the acceptance form will not be considered as a counteroffer 
A)  no contract will result because the acceptance form will be considered as a counteroffer and thus an implicit rejection of the offer 
B)  a contract can result, but the differing terms may not be part of the contract 
C)  a contract can result, and the differing terms must be included as part of that contract 
D)  no contract will result because the acceptance form will not be considered as a counteroffer

Question 15

A contract that is impliedly accepted by doing something that objectively indicates agreement can be considered as a bilateral contract.

Accepted Answer

A) True 
 B)False

Question 16

Under the Uniform Commercial Code,when acceptance is made expressly conditional on agreement to new terms and the parties begin performance,_____.

Accepted Answer

A)  a contract is created 
B)  no contract is created 
C)  only a written stipulation will make the contract enforceable 
D)  mere silence on the part of the offeree when new terms are added is not an acceptance 
A)  a contract is created 
B)  no contract is created 
C)  only a written stipulation will make the contract enforceable 
D)  mere silence on the part of the offeree when new terms are added is not an acceptance

Question 17

On May 1,2002,Marek received a telegram from Sergei offering to support him in his new construction project.On May 5,2002,at 9:00 a.m.,Sergei sends Marek a telegram attempting to revoke the offer.At 11:00 a.m.on the same day,Marek mails Sergei a letter attempting to accept the offer.At 11:30 a.m.,Marek receives Sergei's revocation.Assume Marek and Sergei are both construction contractors and the custom in the construction business is to offer by telegram and accept by mail.Which of the following statements holds true in this situation?

Accepted Answer

A)  Sergei's revocation can make changes to the contract, though it reaches Marek after he sends the acceptance mail. 
B)  Marek's acceptance would be effective only when Sergei reads the acceptance, which would then create the contract. 
C)  The parties would have a contract because Marek used the means of communication impliedly authorized by trade usage. 
D)  The parties would not have a contract as Marek used a nonauthorized means of communicating his acceptance. 
A)  Sergei's revocation can make changes to the contract, though it reaches Marek after he sends the acceptance mail. 
B)  Marek's acceptance would be effective only when Sergei reads the acceptance, which would then create the contract. 
C)  The parties would have a contract because Marek used the means of communication impliedly authorized by trade usage. 
D)  The parties would not have a contract as Marek used a nonauthorized means of communicating his acceptance.

Question 18

The manager of Mack's Bar sent Olive Outlet an order for 200 cases of olives to be shipped "as soon as possible." The day Olive Outlet receives Mack's order,it ships the olives.Later that day,Mack's manager phones Olive Outlet and tries to revoke his offer.Under these circumstances:

Accepted Answer

A)  Mack's Bar cannot revoke because a contract was created when Outlet shipped the olives. 
B)  Mack's Bar can revoke because the acceptance had not been received. 
C)  Mack's Bar can revoke based on principles of promissory estoppel. 
D)  Mack's Bar cannot revoke, since the olives will get spoilt if it is shipped back. 
A)  Mack's Bar cannot revoke because a contract was created when Outlet shipped the olives. 
B)  Mack's Bar can revoke because the acceptance had not been received. 
C)  Mack's Bar can revoke based on principles of promissory estoppel. 
D)  Mack's Bar cannot revoke, since the olives will get spoilt if it is shipped back.

Question 19

The Uniform Commercial Code and the United Nations Convention of Contracts for the International Sale of Goods both hold that acceptances are effective when they are dispatched.

Accepted Answer

A) True 
 B)False

Question 20

If an authorized means of acceptance is expressly present,any attempt by the offeree to accept by a nonauthorized means is effective upon dispatch.

Accepted Answer

A) True 
 B)False

Exam 11: Creating a Contract: Acceptances

The Uniform Commercial Code has created an exception to the "mirror image" rule in cases where contract for the sale of goods are made by exchanging forms.

To create acceptance to an offer for a bilateral contract,_____.

Explain the idea of "stipulation" and the effect it has on a contract.

In a browse-wrap contract,_____.

In a unilateral contract,the offer is accepted when the:

The court looks for the same present intent to contract on the part of the offeree to determine whether the offer has been accepted.

A unilateral contract trick can be described with a situation where a dishonest seller who has received a "rush" order sending the wrong goods,hoping that the buyer's necessity will force him to accept.

Explain the process followed by the court to determine the intent of the parties to enter into a contract if a dispute arises before the written draft of agreement is created?

An offeree may accept an offer within a reasonable time by any reasonable means of communication if the:

Under the Uniform Commercial Code,if the parties are both merchants,additional terms in the offeree's form may be included in the agreement unless the:

An offeror can minimize problems with the timing of acceptances since he or she has the power to control the conditions under which the offer can be accepted.

Explain the similarity and difference between click-on and browse-wrap contracts.

Under the Uniform Commercial Code Rule 2-207 for the sale of goods after a contract is made by the exchange of forms,when the acceptance form has terms additional to or different from the offer,_____.

A contract that is impliedly accepted by doing something that objectively indicates agreement can be considered as a bilateral contract.

Under the Uniform Commercial Code,when acceptance is made expressly conditional on agreement to new terms and the parties begin performance,_____.

The manager of Mack's Bar sent Olive Outlet an order for 200 cases of olives to be shipped "as soon as possible." The day Olive Outlet receives Mack's order,it ships the olives.Later that day,Mack's manager phones Olive Outlet and tries to revoke his offer.Under these circumstances:

The Uniform Commercial Code and the United Nations Convention of Contracts for the International Sale of Goods both hold that acceptances are effective when they are dispatched.

If an authorized means of acceptance is expressly present,any attempt by the offeree to accept by a nonauthorized means is effective upon dispatch.

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountantspart Six Property

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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