Question 1

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

Accepted Answer

The click-on and browse wrap contracts c

Question 2

Under the UCC's "battle of the forms":

Accepted Answer

A) timely expression of acceptances creates a contract even if it includes terms that are different from those stated in the offer. 
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) no 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 includes terms that are different from those stated in the offer. 
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) no contract is created when the attempted acceptance is expressly conditional on the offeror's agreement to the terms of the acceptance.

Question 3

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

Accepted Answer

A) void. 
B) proposals for addition to the contract. 
C) revocation. 
D) expressly conditional. 
A) void. 
B) proposals for addition to the contract. 
C) revocation. 
D) expressly conditional.

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

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 6

Under both the UCC and the common law,the acceptance cannot materially vary from the offer:

Accepted Answer

A) only in the sale of real estate and services. 
B) only in sale of goods when the contract is made by the exchange of forms. 
C) in the sale of real estate,services,and in sale of goods when forms are not exchanged. 
D) when silence is the mode of acceptance. 
A) only in the sale of real estate and services. 
B) only in sale of goods when the contract is made by the exchange of forms. 
C) in the sale of real estate,services,and in sale of goods when forms are not exchanged. 
D) when silence is the mode of acceptance.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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 AM,Adam sends Joe a telegram attempting to revoke the offer.At 11:00 AM on the same day,Joe sends Adam an e-mail attempting to accept the offer.At 11:30 AM,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 9

Under the UCC,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 10

To create acceptance to an offer for a bilateral contract:

Accepted Answer

A) the 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) the 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.

Exam 11: Creating a Contract: Acceptances

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

Under the UCC's "battle of the forms":

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

In a browse-wrap contract:

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

Under both the UCC and the common law,the acceptance cannot materially vary from the offer:

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

Under the UCC,when acceptance is made expressly conditional on agreement to new terms and the parties begin performance:

To create acceptance to an offer for a bilateral contract:

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