Question 1

If an offeror does not expressly authorize a certain mode of acceptance,then acceptance may be made by any reasonable means.

Accepted Answer

A) True 
 B)False  True

Question 2

Quik Fix-It,Inc. ,offers Pam a job as a plumber.No time for acceptance is specified in the offer.The offer will terminate

Accepted Answer

A) after a reasonable period of time. 
B) after a typical work week (five business days). 
C) after a usual month (thirty calendar days). 
D) never. 
A) after a reasonable period of time. 
B) after a typical work week (five business days). 
C) after a usual month (thirty calendar days). 
D) never. A

Question 3

Under the mailbox rule,an acceptance takes effect at the time it is sent.

Accepted Answer

A) True 
 B)False  True

Question 4

Parties cannot opt out of the UETA.

Accepted Answer

A) True 
 B)False

Question 5

Under federal law,an electronic signature can be as valid as a signature on pa?per.

Accepted Answer

A) True 
 B)False

Question 6

An expression of opinion-"your customers will like this"-is an of?fer.

Accepted Answer

A) True 
 B)False

Question 7

An invitation to negotiate-"can you afford this?"-is an offer.

Accepted Answer

A) True 
 B)False

Question 8

Somethin'-in-the-Oven Corporation and Cookin' Good,Inc. ,transact a deal under the UETA.Other state law applies to a dispute between the parties relating to

Accepted Answer

A) attributing a party's e-signature. 
B) the formation of the parties' contract. 
C) the sending and receiving of e-records. 
D) the legal effect of the parties' e-signatures and e-records. 
A) attributing a party's e-signature. 
B) the formation of the parties' contract. 
C) the sending and receiving of e-records. 
D) the legal effect of the parties' e-signatures and e-records.

Question 9

Nate tells Opal,"I might sell the skis that I bought last fall since I haven't used them and the skiing season is almost over." This is

Accepted Answer

A) an acceptance of an offer. 
B) an invitation to accept an offer. 
C) an offer. 
D) a statement of future intent. 
A) an acceptance of an offer. 
B) an invitation to accept an offer. 
C) an offer. 
D) a statement of future intent.

Question 10

Interstate Coffee Brokers,Inc.(ICBI),offers to sell Java Roasters,Inc. ,fifty bags of coffee beans.Java rejects the offer.The offer is

Accepted Answer

A) terminated. 
B) valid for a reasonable time to give Java a "second chance." 
C) valid for the period of time prescribed by a state statute. 
D) valid until ICBI revokes the offer. 
A) terminated. 
B) valid for a reasonable time to give Java a "second chance." 
C) valid for the period of time prescribed by a state statute. 
D) valid until ICBI revokes the offer.

Question 11

Deepwater Mining Corporation offers to sell East China Refining,Inc. ,a certain quantity of unrefined oil.If East China sends an acceptance via Deepwater's authorized mode of communication,it will be effective when it is

Accepted Answer

A) in transit. 
B) received. 
C) sent. 
D) written. 
A) in transit. 
B) received. 
C) sent. 
D) written.

Question 12

An e-record is considered received under the UETA only if a person is aware of its receipt.

Accepted Answer

A) True 
 B)False

Question 13

Elmo advertises a reward for the return of his lost dog.Floyd,who does not know of the reward,finds and returns the dog.Floyd cannot recover the re?ward because he

Accepted Answer

A) did not confer a benefit on Elmo by returning the dog. 
B) did not know of the reward when he found and returned the dog. 
C) does not need the money. 
D) returned the dog. 
A) did not confer a benefit on Elmo by returning the dog. 
B) did not know of the reward when he found and returned the dog. 
C) does not need the money. 
D) returned the dog.

Question 14

A counteroffer does not terminate but continues an offer.

Accepted Answer

A) True 
 B)False

Question 15

Michelle gives out a business card with an e-mail address on it.According to the comments that accompany the UETA,it may be reasonable to infer that Michelle has consented to

Accepted Answer

A) transact business electronically. 
B) submit to the jurisdiction of any selected forum. 
C) accept and respond to any correspondence sent to that address. 
D) nothing. 
A) transact business electronically. 
B) submit to the jurisdiction of any selected forum. 
C) accept and respond to any correspondence sent to that address. 
D) nothing.

Question 16

Omega,Inc. ,sells business application software-accounting and book?keeping programs,blank business forms,inventory control functions,and so on-in different combinations,in different packages,at different prices.Each package includes a shrink-wrap agreement that limits warranties and remedies.Precision Engineering Associates (PEA)buys an Omega package and uses the product.Later,PEA files a suit against Omega,claiming that the software is flawed and that the flaws caused PEA to suffer business losses.PEA asks for relief that exceeds the limits in the shrink-wrap agreement.What are shrink-wrap agreements? Are these agreements al?ways enforced? Under what circumstances is a court likely to enforce this agree?ment?

Accepted Answer

A shrink-wrap agreement is an agreement

Question 17

Lightspeed Corporation makes computers,each of which is packaged with a shrink-wrap agreement.Milo buys a Lightspeed desktop.The terms of the shrink-wrap agreement are most likely enforceable if

Accepted Answer

A) Milo buys the computer directly from Lightspeed. 
B) Milo uses the computer after reading the terms. 
C) Milo pays for the computer before reading the terms. 
D) the terms concern warranties. 
A) Milo buys the computer directly from Lightspeed. 
B) Milo uses the computer after reading the terms. 
C) Milo pays for the computer before reading the terms. 
D) the terms concern warranties.

Question 18

Alan offers to transfer Beth's DVDs to digital flash drives for $150 plus the cost of the drives.The mailbox rule will not apply if Beth accepts the offer by

Accepted Answer

A) e-mail. 
B) messenger. 
C) regular mail. 
D) telegram. 
A) e-mail. 
B) messenger. 
C) regular mail. 
D) telegram.

Question 19

An acceptance sent by means not expressly or impliedly authorized is not effective until it is received.

Accepted Answer

A) True 
 B)False

Question 20

Bill offers to sell his Consumer Service Center business to Dina for $100,000.Dina replies,"The price is too high.I will buy it for $90,000." Dina has

Accepted Answer

A) accepted the offer. 
B) made a counteroffer without rejecting the offer. 
C) rejected the offer and made a counteroffer. 
D) rejected the offer without making a counteroffer. 
A) accepted the offer. 
B) made a counteroffer without rejecting the offer. 
C) rejected the offer and made a counteroffer. 
D) rejected the offer without making a counteroffer.

Exam 11: B: Agreement in Traditional and E-Contracts

If an offeror does not expressly authorize a certain mode of acceptance,then acceptance may be made by any reasonable means.

Quik Fix-It,Inc. ,offers Pam a job as a plumber.No time for acceptance is specified in the offer.The offer will terminate

Under the mailbox rule,an acceptance takes effect at the time it is sent.

Parties cannot opt out of the UETA.

Under federal law,an electronic signature can be as valid as a signature on pa?per.

An expression of opinion-"your customers will like this"-is an of?fer.

An invitation to negotiate-"can you afford this?"-is an offer.

Somethin'-in-the-Oven Corporation and Cookin' Good,Inc. ,transact a deal under the UETA.Other state law applies to a dispute between the parties relating to

Nate tells Opal,"I might sell the skis that I bought last fall since I haven't used them and the skiing season is almost over." This is

Interstate Coffee Brokers,Inc.(ICBI),offers to sell Java Roasters,Inc. ,fifty bags of coffee beans.Java rejects the offer.The offer is

Deepwater Mining Corporation offers to sell East China Refining,Inc. ,a certain quantity of unrefined oil.If East China sends an acceptance via Deepwater's authorized mode of communication,it will be effective when it is

An e-record is considered received under the UETA only if a person is aware of its receipt.

Elmo advertises a reward for the return of his lost dog.Floyd,who does not know of the reward,finds and returns the dog.Floyd cannot recover the re?ward because he

A counteroffer does not terminate but continues an offer.

Michelle gives out a business card with an e-mail address on it.According to the comments that accompany the UETA,it may be reasonable to infer that Michelle has consented to

Lightspeed Corporation makes computers,each of which is packaged with a shrink-wrap agreement.Milo buys a Lightspeed desktop.The terms of the shrink-wrap agreement are most likely enforceable if

Alan offers to transfer Beth's DVDs to digital flash drives for $150 plus the cost of the drives.The mailbox rule will not apply if Beth accepts the offer by

An acceptance sent by means not expressly or impliedly authorized is not effective until it is received.

Bill offers to sell his Consumer Service Center business to Dina for $100,000.Dina replies,"The price is too high.I will buy it for $90,000." Dina has

A: Introduction to Law and Legal Reasoning

B: Introduction to Law and Legal Reasoning

C: Introduction to Law and Legal Reasoning

D: Introduction to Law and Legal Reasoning

A: Courts and Alternative Dispute Resolution

B: Courts and Alternative Dispute Resolution

A: Court Procedures

B: Court Procedures

A: Constitutional Authority to Regulate Business

B: Constitutional Authority to Regulate Business

A: Ethics and Business Decision Making

B: Ethics and Business Decision Making

A: Intentional Torts and Privacy

B: Intentional Torts and Privacy

A: Negligence and Strict Liability

B: Negligence and Strict Liability

C: Negligence and Strict Liability

D: Negligence and Strict Liability

A: Intellectual Property and Internet Law

B: Intellectual Property and Internet Law

A: Criminal Law and Cyber Crimes

B: Criminal Law and Cyber Crime

A: Nature and Terminology

B: Nature and Terminology

C: Nature and Terminology

D: Nature and Terminology

A: Agreement in Traditional and E-Contracts

A: Consideration

B: Consideration

A: Capacity and Legality

B: Capacity and Legality

A: Mistakes,fraud,and Voluntary Consent

B: Mistakes,fraud,and Voluntary Consent

A: The Statute of Frauds

B: The Statute of Frauds

A: Third Party Rights

B: Third Party Rights

A: Performance and Discharge

B: Performance and Discharge

A: Breach of Contract and Remedies

B: Breach of Contract and Remedies

A: The Formation of Sales and Lease Contracts

B: The Formation of Sales and Lease Contracts

C: The Formation of Sales and Lease Contracts

D: The Formation of Sales and Lease Contracts

A: Title,risk,and Insurable Interest

B: Title,risk,and Insurable Interest

A: Performance Breach of Sales Lease Contracts

B: Performance Breach of Sales Lease Contracts

A: Warranties and Product Liability

B: Warranties and Product Liability

A: International Law in a Global Economy

B: International Law in a Global Economy

A: The Function Creation of Negotiable Instruments

B: The Function Creation of Negotiable Instruments

C: The Function Creation of Negotiable Instruments

D: The Function Creation of Negotiable Instruments

A: Transferability and Holder in Due Course

B: Transferability and Holder in Due Course

A: Liability,defenses,and Discharge