Exam 12: Contracts and Sales: Introduction and Formation

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E-Sign is a federal law that requires written signatures for electronic contracts to be valid.

(True/False)
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The UCC Battle of the Forms provision allows additional terms in an acceptance without invalidating the acceptance.

(True/False)
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The CISG follows the mirror image rule in formation.

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Contracts for the sale of real property are governed by the Uniform Commercial Code.

(True/False)
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Jerry Montray is negotiating with Pamela Barnes for the purchase of her mountain bike. The following conversation has taken place: Jerry: "I will buy your mountain bike for $375.00." Pamela: "I will sell it to you." Jerry: "Good. The tire pump is included." Which of the following statements is true?

(Multiple Choice)
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On Monday, Sam's Computer Company wires Bob's Computer Mart, "I have two IBM XT's for sale for $1700 each. You pay cost of shipping." Bob received the offer on Monday afternoon and wired back, "You have a deal. 30 days same as cash." On Tuesday morning Sam called to revoke the offer. On Tuesday afternoon Sam received the wire. Sam says there is no contract and Bob says there is. Who is correct?

(Essay)
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Ann Frazer has just purchased a new Maserati. Ann will be borrowing the money from her bank. Ann signed the contract at 8:00 PM at the dealership and her bank will not be open until 10:00 AM the following day. Ann:

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List the federal laws regulating credit contracts and give a brief description of each.

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Julia Pitt runs a boutique that specializes in luggage and travel items. Julia contacts Tumi luggage about carrying its line of messenger satchels. The Tumi representative tells Julia that Tumi would be happy to sell her 100 Tumi Black Messenger bags for $318 each. Julia is happy with the price and asks Tumi to send the bags. The Tumi representative then faxes a confirmation of the shipment of the 100 bags at $318 each. Julia receives the fax. When the bags arrive, Julia contacts Tumi and says there is a business downturn and that she does not want the bags and that there was no contract anyway.

(Multiple Choice)
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Under CARD, colleges and universities must:

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B has made a valid acceptance.

(True/False)
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Which of these is an example of a bank's commitment to pay?

(Multiple Choice)
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An ad in a newspaper reads: "AVAILABLE TODAY ONLY. FRIENDLY'S APPLIANCES. CLEARANCE SALE FOR ALL FLOOR ITEMS. 75% OFF RETAIL PRICES." Joan Ludwig arrived at Friendly's about one hour after it opened and there were no appliances left. The issues in the situation are governed by:

(Multiple Choice)
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The communication between S and B must be evidenced by a record if any rights related to the exchange can be enforced.

(True/False)
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Janet Kennedy has received a letter in the mail from BISA International, a credit card firm. The letter describes the card as follows: "This card is yours for only a small annual fee that is billed to your account. There is an annual percentage rate finance charge of 16.5%. There may be other charges for some transactions. There are no late fees, but there will be a charge for going over your credit limit." Which of the following statements is true?

(Multiple Choice)
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The UCC rules on additional terms in acceptance are the same for merchants and nonmerchants.

(True/False)
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Under the UCC, an acceptance followed by additional terms is a counteroffer and a rejection.

(True/False)
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"This offer is limited to these terms," means that between merchants only immaterial terms added in the acceptance will be part of the contract.

(True/False)
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Which of the following is effective upon mailing or dispatch?

(Multiple Choice)
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Under the UCC, a contract for the sale of a car for $700 need not have a record of the contract to be enforceable.

(True/False)
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