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.

22
Q

Acceptance may consist of words or conduct

23
Q

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

24
Q

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

A

the offeree

25
Posting an item for sale on an online auction site is an offer to form a contract.
False
26
For a contact to be considered valid and enforceable, the parties to a deal must
manifest their voluntary consent to the same bargain.
27
An offer made in undue excitement is an effective offer.
False
28
The offeree must accept the offer without adding or changing any terms.
True
29
Before the UETA applies, each party to a transaction must agree to conduct it by electronic means.
True
30
An invitation to submit bids is an offer.
False
31
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
an invitation to submit offers, not an offer itself.
32
An offer terminates automatically when the period of time specified in the offer has passed.
True
33
An expression of opinion can indicate an intent to enter into a binding agreement.
False
34
Bo admires Cid’s collection of coins. Bo asks, “Will you sell it?” This statement is
not an offer, because it is a request
35
The offeror’s intention to become bound by the offer must be subjectively clear.
False
36
Maeve posts her motorcycle for sale on an online auction site. This is
an invitation to negotiate, not an offer
37
An exchange of e-mails cannot create a complete and unambiguous binding agreement.
False
38
An agreement exists when one party offers a certain bargain to another party.
False
39
Acceptance of an offer by a method not authorized by the offeror renders the offer invalid.
False
40
Olen decides to sell his ranch, Pine Valley, in a live auction. When the auctioneer puts the property up for bids, it will be
an invitation to submit offers, not an offer itself.
41
An offer must express reasonably definite terms to be effective—no term may be reasonably inferred.
False
42
Merely inquiring about an offer constitutes rejection.
False
43
In general, a price list may be construed as an offer.
False
44
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
reasonably definite
45
A click-on agreement can indicate the acceptance of an online offer.
True
46
An offer must be expressed in plain language to be effective.
False
47
An agreement to agree to the material terms of a contract at some future date may be enforceable.
True
48
Lon says to Misty, “I would like to sell you my sofa.” This statement is
an invitation to negotiate, not an offer
49
Shrink-wrap terms are enforceable even if a buyer does not discover them until after the parties have entered into a contract.
False
50
The power of acceptance continues forever.
False