Exam 11: Creating a Contract: Acceptances

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Nina sent a letter to Adrian that stated she wanted to hire him to decorate the interiors of her house. She wrote that he must accept the offer by mail. Adrian received the letter and telephoned Nina to say that he accepted the offer. Which of the following statements is true in this case?

(Multiple Choice)
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According to the Uniform Commercial Code (UCC), if one or both parties are nonmerchants, additional terms proposed by the offeree automatically become part of the agreement unless the offer expressly limited acceptance to its own terms.

(True/False)
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After the court has found that one of the parties to a dispute made an offer, the next thing it looks for to determine is whether the offeree accepted the offer.

(True/False)
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In determining whether the offeree accepted the offer, the court looks for the offeree's present intent to contract.

(True/False)
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Yael sent Jen an offer to sell his mountain bike for $150. After thinking about the offer for a few days, Jen sent Yael a letter accepting his offer and asking if he intended to leave the book basket attached to the bike. The next day, before Jen's letter arrived, Yael phoned Jen and told her that he had decided to sell his bike to Jake, who had offered him $200. Which of the following statements holds true of this case?

(Multiple Choice)
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To create acceptance to an offer for a bilateral contract, _____.

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When communicating acceptance of an offer, a stipulation:

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Diya sent an e-mail to Sid stating that she wanted him to organize her wedding. The e-mail mentioned that Sid must accept the offer by replying to the e-mail. He received the e-mail and went to Diya's house and communicated acceptance of the offer. Is Sid's acceptance of offer effective?

(Essay)
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With regard to the terms of a contract created by the exchange of nonconforming forms, the Uniform Commercial Code (UCC) states that if the parties are both _____, the additional terms in the offeree's form are included in the agreement unless the offer _____ limited acceptance to its own terms, the new terms would materially alter the offer, and the offeror gives notice of objection to the new terms within _____ after receiving the acceptance.

(Multiple Choice)
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