Contracts - Offer & Acceptance

Beschreibung

Multiple Choice Questions
Sarah.M.Guevara
Quiz von Sarah.M.Guevara, aktualisiert more than 1 year ago
Sarah.M.Guevara
Erstellt von Sarah.M.Guevara vor fast 9 Jahre
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Zusammenfassung der Ressource

Frage 1

Frage
If it reasonably appears that the parties intended to make a valid contract, a court may apply the presumption that the parties’ intent was to include a reasonable term to rectify any __________ term.
Antworten
  • Missing
  • vague

Frage 2

Frage
If the parties to an otherwise valid contract have included a term that is too vague, __________.
Antworten
  • The contract will be unenforceable unless the vagueness can be cured
  • The contract is enforceable.

Frage 3

Frage
A vague term in a contract can be cured by __________.
Antworten
  • part performance
  • complete performance

Frage 4

Frage
The mirror image rule requires __________.
Antworten
  • An absolute and unequivocal acceptance of each and every term of the offer
  • A counter offer

Frage 5

Frage
When a contract for the sale of goods is missing the price term, __________.
Antworten
  • the price will be made using the fair market value
  • the price will be a reasonable price at the time of delivery go to explanation

Frage 6

Frage
Under Article 2, when an offeree proposes additional or different terms as part of an otherwise valid acceptance, the acceptance __________.
Antworten
  • is valid
  • Is effective, unless the acceptance is expressly made conditional on assent to the additional or different terms
  • becomes a counter offer

Frage 7

Frage
Under Article 2, when an offeree proposes additional or different terms during acceptance, the court will apply __________ to determine whether the additional or different terms become part of the contract.
Antworten
  • the mirror image rule
  • the battle of the forms provision
  • quasi-contract

Frage 8

Frage
Once an offeree begins performance in response to an offer for a true unilateral contract, __________.
Antworten
  • The offer becomes irrevocable
  • The offer is invalid
  • The offer can still be revoked by the offerer

Frage 9

Frage
An agreed upon price is a necessary element for a valid __________.
Antworten
  • bilateral contract
  • real property contract
  • unilateral contract

Frage 10

Frage
Article 2 has abandoned the __________, in favor of the __________.
Antworten
  • Battle of the forms provision; mirror image rule
  • Mirror image rule; battle of the forms provision

Frage 11

Frage
In an auction __________, once the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time.
Antworten
  • Without reserve
  • With reserve

Frage 12

Frage
Generally, whether a communication is deemed an offer depends upon __________.
Antworten
  • the objective or apparent intention of the offeror to make an offer
  • the subjective intention of the offeror and the offeree

Frage 13

Frage
In an auction __________, the auctioneer may withdraw the goods at any time until he announces completion of the sale.
Antworten
  • With reserve
  • Without reserve

Frage 14

Frage
When can an offeror properly revoke an offer for a unilateral contract?
Antworten
  • Anytime after the offeree has begun performance.
  • Anytime before the offeree has begun performance
  • After performance is complete

Frage 15

Frage
An offer for a unilateral contract can be accepted by __________.
Antworten
  • Full performance only
  • Partial performance

Frage 16

Frage
Which of the following would satisfy the mirror image rule?
Antworten
  • A grumbling acceptance
  • A partial acceptance
  • A expressly conditional acceptance

Frage 17

Frage
When might a court utilize an Article 2 “gap filler”?
Antworten
  • When the price is not included in a contract for the sale of goods
  • When a word is vague

Frage 18

Frage
Under Article 2, when a merchant responds to an offer to buy goods by simply shipping similar, but nonconforming, goods, that shipment is considered __________.
Antworten
  • an acceptance
  • an acceptance and a breach of the contract
  • a counter offer
  • a breach of contract

Frage 19

Frage
Traditional contract law insisted on an absolute and unequivocal acceptance of each and every term of the offer. This concept is commonly referred to as:
Antworten
  • The mirror image rule
  • The battle of the forms provision
  • The mailbox rule

Frage 20

Frage
A quasi-contract is __________.
Antworten
  • Formed by a court to avoid unjust enrichment
  • Formed by conduct, rather than language
  • Formed by language, oral or written
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