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BLW 302 > Chapter 12 Book set > Flashcards

Chapter 12 Book set Flashcards

1
Q

Rejection of an offer is effective only when it is actually received.

A

True

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2
Q

A request to negotiate is an offer.

A

False

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3
Q

A offer can be revoked by the performance of an act that is inconsistent with the existence of an offer and that is made known to the offeree.

A

True

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4
Q

Acceptance of an e-contract must show that the offeree voluntarily assented to the offer’s terms.

A

True

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5
Q

An offer can be accepted by the offeree or any third party.

A

False

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6
Q

The primary purpose of the Uniform Electronic Transactions Act is to create new rules for electronic contracts.

A

False

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7
Q

The offeror can revoke the offer only be expressing repudiating it.

A

False

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8
Q

Rena asks Sully, “Do you want to pay me to repair your forklift?” This is

A

not an offer, because the terms are not definite.

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9
Q

Ordinarily, one can agree to a bargain without knowing that it exists.

A

False

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10
Q

Pye tries to start his car with no success. He yells that he will sell the car to anyone for $10. Qua, a passerby, hears Pye’s yell. This is not an effective offer because it lacks

A

serious intent.

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11
Q

Acceptance is timely if it is effective before the offer is terminated.

A

True

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12
Q

In effect, a counteroffer converts the original offeror into an offeree with the power of acceptance

A

True

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13
Q

Pastries Inc. sends Rollo its catalogue showcasing a variety of baked goods for certain prices. This is

A

an ad, not an offer

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14
Q

Because so much e-commerce involves parties in the United States, the preeminence of U.S. law in this area is not likely to be challenged in the future.

A

False

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15
Q

An ad for the New Plays Festival asks playwrights to submit their work and “we might produce it for the world.” Oded submits a play with a note that states, “I accept.” Between the Festival and Oded, there is

A

*none of the choices
a contract to negotiate with Oded to produce the play.
a contract to consider producing Oded’s play.
a contract to produce Oded’s play.

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16
Q

Khe says, “I plan to sell my Apple stock.” This is not an offer because

A

a statement of future intent to do something in the future is not an offer.

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17
Q

If the offeror does not expressly specify a certain mode of acceptance, then acceptance can be made by any means, whether or not it is “reasonable.”

A

False

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18
Q

Fresh Agro Inc. offers to deliver produce to Growers’ Market for a certain price. Fresh’s intent to extend an offer is determined by reference to Fresh’s

A

words and actions

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19
Q

One element necessary for an effective offer is the offeror’s good faith belief in its reasonableness.

A

False

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20
Q

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is

A

effective

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21
Q

Two disinterested parties are required for an offer to be effective.

A

False

22
Q

Acceptance may consist of words or conduct

A

True

23
Q

A preliminary agreement can constitute a binding contract if the parties have agreed on all essential terms.

A

True

24
Q

Rico, an auctioneer, puts a semi-truck and trailer up for auction. Rico is

A

the offeree

25
Q

Posting an item for sale on an online auction site is an offer to form a contract.

A

False

26
Q

For a contact to be considered valid and enforceable, the parties to a deal must

A

manifest their voluntary consent to the same bargain.

27
Q

An offer made in undue excitement is an effective offer.

A

False

28
Q

The offeree must accept the offer without adding or changing any terms.

A

True

29
Q

Before the UETA applies, each party to a transaction must agree to conduct it by electronic means.

A

True

30
Q

An invitation to submit bids is an offer.

A

False

31
Q

The U.S. Department of Justice needs to have construction work done on a federal courthouse. The agency asks contractors to submit bids. This is

A

an invitation to submit offers, not an offer itself.

32
Q

An offer terminates automatically when the period of time specified in the offer has passed.

A

True

33
Q

An expression of opinion can indicate an intent to enter into a binding agreement.

A

False

34
Q

Bo admires Cid’s collection of coins. Bo asks, “Will you sell it?” This statement is

A

not an offer, because it is a request

35
Q

The offeror’s intention to become bound by the offer must be subjectively clear.

A

False

36
Q

Maeve posts her motorcycle for sale on an online auction site. This is

A

an invitation to negotiate, not an offer

37
Q

An exchange of e-mails cannot create a complete and unambiguous binding agreement.

A

False

38
Q

An agreement exists when one party offers a certain bargain to another party.

A

False

39
Q

Acceptance of an offer by a method not authorized by the offeror renders the offer invalid.

A

False

40
Q

Olen decides to sell his ranch, Pine Valley, in a live auction. When the auctioneer puts the property up for bids, it will be

A

an invitation to submit offers, not an offer itself.

41
Q

An offer must express reasonably definite terms to be effective—no term may be reasonably inferred.

A

False

42
Q

Merely inquiring about an offer constitutes rejection.

A

False

43
Q

In general, a price list may be construed as an offer.

A

False

44
Q

For a court to determine if a contract has been breached and to give an appropriate remedy, the offer must include terms that are at least

A

reasonably definite

45
Q

A click-on agreement can indicate the acceptance of an online offer.

A

True

46
Q

An offer must be expressed in plain language to be effective.

A

False

47
Q

An agreement to agree to the material terms of a contract at some future date may be enforceable.

A

True

48
Q

Lon says to Misty, “I would like to sell you my sofa.” This statement is

A

an invitation to negotiate, not an offer

49
Q

Shrink-wrap terms are enforceable even if a buyer does not discover them until after the parties have entered into a contract.

A

False

50
Q

The power of acceptance continues forever.

A

False

BLW 302 (9 decks)

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