Question 1

Browse-wrap agreements are:

Accepted Answer

A) in paper form. 
B) viewed by some courts as unenforceable. 
C) per se illegal. 
D) viewed by all courts as enforceable. 
A) in paper form. 
B) viewed by some courts as unenforceable. 
C) per se illegal. 
D) viewed by all courts as enforceable. B

Question 2

Explain the UCC's "battle of the forms" rule.

Accepted Answer

The "battle of the forms" rule holds that a timely expression of acceptance creates a contract even if it includes terms that are different from those stated in the offer or states additional terms on points the offer did not address.The only exception to this rule occurs when the attempted acceptance is expressly conditional on the offeror's agreement to the terms of the acceptance.In that case,no contract is created.

Question 3

According to the UCC,the offeror who remains silent impliedly authorizes the offeree to accept by any reasonable means of communication.

Accepted Answer

A) True 
 B)False  True

Question 4

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

Accepted Answer

A stipulation is an expression by the of

Question 5

The means used by an offeror to communicate the offer:

Accepted Answer

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

Question 6

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

Accepted Answer

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

Question 7

On October 25,1989,Mina Loy sent a letter to Carl Van Vechten which said,"I hereby offer to hire you to paint my house for $4,000 during Thanksgiving break.Your acceptance of this offer must be by first-class mail and must reach me no later than noon on November 1,1989." Vechten was so excited when he received her letter that he telephoned Loy on October 26 and said "I accept." Which of the following is a true statement?

Accepted Answer

A) There is a valid acceptance and a binding contract because the telephone call was an authorized means of acceptance. 
B) There is a valid acceptance and a binding contract because the telephone call was a reasonable means of acceptance. 
C) There is a valid acceptance and a binding contract because the telephone call was a faster means of acceptance than the mail. 
D) There is no acceptance and no contract in this situation as it is clearly mentioned by the offeror that the acceptance must be by mail. 
A) There is a valid acceptance and a binding contract because the telephone call was an authorized means of acceptance. 
B) There is a valid acceptance and a binding contract because the telephone call was a reasonable means of acceptance. 
C) There is a valid acceptance and a binding contract because the telephone call was a faster means of acceptance than the mail. 
D) There is no acceptance and no contract in this situation as it is clearly mentioned by the offeror that the acceptance must be by mail.

Question 8

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

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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 phones the Outlet and tries to revoke his offer.Under these circumstances:

Accepted Answer

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

Question 11

In a unilateral contract,the offer is accepted when:

Accepted Answer

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

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

The offeree may accept an offer within a reasonable time by any reasonable means of communication:

Accepted Answer

A) if the parties are dealing by telephone. 
B) if the offeror suggests a method or a place of communication in the offer. 
C) if the written offer is lost in transit. 
D) if the offer merely suggests a method or place of communication or is silent on these points. 
A) if the parties are dealing by telephone. 
B) if the offeror suggests a method or a place of communication in the offer. 
C) if the written offer is lost in transit. 
D) if the offer merely suggests a method or place of communication or is silent on these points.

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) effective upon dispatch. 
B) illegal. 
C) not effective until it is received by the offeror. 
D) not effective upon receipt by the offeror. 
A) effective upon dispatch. 
B) illegal. 
C) not effective until it is received by the offeror. 
D) not effective upon receipt by the offeror.

Question 16

A stipulation:

Accepted Answer

A) is a condition made by the offeror about the manner in which the offer must be accepted. 
B) is a contingency clause built into a unilateral contract. 
C) requires acceptance in writing,else the attempt to accept becomes ineffective. 
D) needs a timely expression of acceptance. 
A) is a condition made by the offeror about the manner in which the offer must be accepted. 
B) is a contingency clause built into a unilateral contract. 
C) requires acceptance in writing,else the attempt to accept becomes ineffective. 
D) needs a timely expression of acceptance.

Question 17

According to the UCC'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 18

If an offeror requires a certain method of acceptance,the offeree must accept by that method or no contract is formed.

Accepted Answer

A) True 
 B)False

Question 19

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 20

The UCC requires application of the "mirror image" rule in cases where contract for the sale of goods are made by exchanging forms.

Accepted Answer

A) True 
 B)False

Exam 11: Creating a Contract: Acceptances

Browse-wrap agreements are:

Explain the UCC's "battle of the forms" rule.

According to the UCC,the offeror who remains silent impliedly authorizes the offeree to accept by any reasonable means of communication.

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

The means used by an offeror to communicate the offer:

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

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

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 phones the Outlet and tries to revoke his offer.Under these circumstances:

In a unilateral contract,the offer is accepted when:

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

The offeree may accept an offer within a reasonable time by any reasonable means of communication:

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.

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

A stipulation:

According to the UCC's rule,when forms are not exchanged:

If an offeror requires a certain method of acceptance,the offeree must accept by that method or no contract is formed.

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?

The UCC requires application of the "mirror image" rule in cases where contract for the sale of goods are made by exchanging forms.

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 Property

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 Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

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 Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

Filters