Question 1

Which of the following is true about the "Battle of the Forms" of the Uniform Commercial Code?

Accepted Answer

A)  Timely expression of acceptances creates a contract even if it states additional terms on points the offer did not address. 
B)  Timely expression of acceptances creates a contract only if it includes terms that are identical to those stated in the offer. 
C)  If one of the parties is a merchant, the additional terms in the offeree's form are included in the agreement. 
D)  A contract is created when the attempted acceptance is expressly conditional on the offeror's agreement to the terms of the acceptance. 
A)  Timely expression of acceptances creates a contract even if it states additional terms on points the offer did not address. 
B)  Timely expression of acceptances creates a contract only if it includes terms that are identical to those stated in the offer. 
C)  If one of the parties is a merchant, the additional terms in the offeree's form are included in the agreement. 
D)  A contract is created when the attempted acceptance is expressly conditional on the offeror's agreement to the terms of the acceptance.

Question 2

According to the Uniform Commercial Code (UCC),which of the following statements is true of communication of acceptance?

Accepted Answer

A)  Any means deemed reasonable by the court in light of the circumstances is a reasonable means of communication. 
B)  A dispatch that complies with only the stipulated requirements for acceptance is an authorized means of communication. 
C)  Any form of acceptance that is implied by trade usage is a reasonable means of acceptance. 
D)  A means slower and safer than the way the offer was communicated is an authorized means of communication. 
A)  Any means deemed reasonable by the court in light of the circumstances is a reasonable means of communication. 
B)  A dispatch that complies with only the stipulated requirements for acceptance is an authorized means of communication. 
C)  Any form of acceptance that is implied by trade usage is a reasonable means of acceptance. 
D)  A means slower and safer than the way the offer was communicated is an authorized means of communication.

Question 3

Jane tells Mark that she would pay him $50 if Mark finds her lost bag.This is an example of a _____.

Accepted Answer

A)  bilateral contract 
B)  unilateral contract 
C)  contingent contract 
D)  multilateral contract 
A)  bilateral contract 
B)  unilateral contract 
C)  contingent contract 
D)  multilateral contract

Question 4

The means used by an offeror to communicate the offer is:

Accepted Answer

A)  the impliedly authorized means for accepting regardless of circumstances. 
B)  the impliedly authorized means for accepting unless the circumstances do not indicate otherwise. 
C)  the only authorized means of communication for accepting. 
D)  always the offeror's particular trade usage in communication, as it impliedly authorizes a given means of acceptance. 
A)  the impliedly authorized means for accepting regardless of circumstances. 
B)  the impliedly authorized means for accepting unless the circumstances do not indicate otherwise. 
C)  the only authorized means of communication for accepting. 
D)  always the offeror's particular trade usage in communication, as it impliedly authorizes a given means of acceptance.

Question 5

In general,if an offeree uses a means of acceptance that is slower than that used by the offeror to communicate that offer:

Accepted Answer

A)  it is an unauthorized means of communication. 
B)  the acceptance is not effective even upon receipt. 
C)  it is an authorized means of communication. 
D)  the acceptance is effective when dispatched. 
A)  it is an unauthorized means of communication. 
B)  the acceptance is not effective even upon receipt. 
C)  it is an authorized means of communication. 
D)  the acceptance is effective when dispatched.

Question 6

According to the Uniform Commercial Code's rule,when forms are not exchanged,_____.

Accepted Answer

A)  acceptance cannot materially vary from the offer 
B)  acceptance can have terms additional to the offer 
C)  differing terms must be included as a part of the contract 
D)  though the acceptance varies from the offer, it cannot be considered as a rejection 
A)  acceptance cannot materially vary from the offer 
B)  acceptance can have terms additional to the offer 
C)  differing terms must be included as a part of the contract 
D)  though the acceptance varies from the offer, it cannot be considered as a rejection

Question 7

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 does not have 200 cases of olives in stock,so it sends Mack's Bar 140 cases of olives and 60 cases of onions.Olive Outlet notifies Mack's Bar that they are shipping the onions in lieu of olives.Later that day,Mack's Bar phones Olive Outlet and tries to revoke the offer.According to the Uniform Commercial Code (UCC),which of the following statements holds true to this situation?

Accepted Answer

A)  Mack's Bar must accept the shipment as they were notified. 
B)  Olive Outlet has accepted and breached the contract. 
C)  Olive Outlet's shipment is considered a counteroffer. 
D)  Mack's Bar must reject the shipment as the goods are nonconforming. 
A)  Mack's Bar must accept the shipment as they were notified. 
B)  Olive Outlet has accepted and breached the contract. 
C)  Olive Outlet's shipment is considered a counteroffer. 
D)  Mack's Bar must reject the shipment as the goods are nonconforming.

Question 8

Explain the "Battle of the Forms" rule of the Uniform Commercial Code (UCC).

Accepted Answer

The "Battle of the Forms" rule holds tha

Question 9

If Gwen hands Lisa a detailed offer for the purchase of Lisa's pottery wheel and Lisa signs the offer without changing any of its terms,the parties have created a:

Accepted Answer

A)  bilateral contract. 
B)  contingent contract. 
C)  unilateral contract. 
D)  multilateral contract. 
A)  bilateral contract. 
B)  contingent contract. 
C)  unilateral contract. 
D)  multilateral contract.

Question 10

On June 1,Kareem sends Fatima an e-mail offering to build her a new garage for $20,000.In his e-mail,Kareem wrote,"acceptance by certified mail is advisable." On June 2 at 8 a.m.,Kareem sends Fatima a certified letter attempting to revoke the offer.At 2 p.m.the same day,Fatima mails Kareem a letter via certified mail attempting to accept his offer.Under these circumstances,_____.

Accepted Answer

A)  the parties do not have a contract until Kareem receives Fatima's acceptance 
B)  Kareem's revocation is effective and the parties do not have a contract 
C)  Fatima's acceptance is effective upon dispatch 
D)  the parties do not have a contract as the trade usage is telegrams and not certified mail 
A)  the parties do not have a contract until Kareem receives Fatima's acceptance 
B)  Kareem's revocation is effective and the parties do not have a contract 
C)  Fatima's acceptance is effective upon dispatch 
D)  the parties do not have a contract as the trade usage is telegrams and not certified mail

Exam 11: Creating a Contract: Acceptances

Which of the following is true about the "Battle of the Forms" of the Uniform Commercial Code?

According to the Uniform Commercial Code (UCC),which of the following statements is true of communication of acceptance?

Jane tells Mark that she would pay him $50 if Mark finds her lost bag.This is an example of a _____.

The means used by an offeror to communicate the offer is:

In general,if an offeree uses a means of acceptance that is slower than that used by the offeror to communicate that offer:

According to the Uniform Commercial Code's rule,when forms are not exchanged,_____.

Explain the "Battle of the Forms" rule of the Uniform Commercial Code (UCC).

If Gwen hands Lisa a detailed offer for the purchase of Lisa's pottery wheel and Lisa signs the offer without changing any of its terms,the parties have created a:

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The Form and Meaning of Contracts

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