Exam 11: Creating a Contract: Acceptances

The Uniform Commercial Code and the United Nations Convention of Contracts for the International Sale of Goods both hold that acceptances are effective when they are dispatched.

_____ the Uniform Commercial Code (UCC), the UN Convention on Contracts for the International Sale of Goods (CISG) holds acceptances to be effective when they are _____, not when they are _____.

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

In determining whether the offeree accepted the offer, the court looks for the offeree's _____ intent to contract.

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

If possible, the courts interpret an offer as proposing a unilateral contract.

According to the common law, a timely expression of acceptance creates a contract even if it includes terms that are different from those stated in the offer.

Explain the concept of a "stipulation" as it relates to the manner of communicating acceptance, including the effect a stipulation has on the formation of a contract.

According to the Uniform Commercial Code (UCC), when acceptance is made expressly conditional on agreement to new terms proposed by the offeree, _____ contract is created.

Laura offered to sell Louis a tract of land. The offer was complete and certain as to all material terms. The offer stated that a telegraphed acceptance was required. Within a reasonable time, Louis telephoned Laura to accept. Which of the following is a true statement about this situation?

Which of the following statements is true of the Uniform Commercial Code about acceptance by shipment?

According to the Uniform Commercial Code and the Restatement Second, an offeror who remains silent impliedly authorizes the offeree to accept by any reasonable means of communication.

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, _____.

If the offer or circumstances do not indicate otherwise, the means the offeror used to communicate the offer is the impliedly authorized means for accepting.

If an offeree dispatches both an acceptance and a rejection to an offer, _____.

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 Uniform Commercial Code (UCC) specifically states that an order requesting "prompt" or "current" shipment of goods impliedly invites acceptance by either a prompt promise to ship or a prompt shipment of the goods.

An offeror can minimize problems with the timing of acceptances since he or she has the power to control the conditions under which the offer can be accepted.

In 2003 the American Law Institute approved an amendment to Section 2-207of the Uniform Commercial Code (UCC) eliminating the _____ test of the _____.

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