Chapter 12 Book set Flashcards
Rejection of an offer is effective only when it is actually received.
True
A request to negotiate is an offer.
False
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.
True
Acceptance of an e-contract must show that the offeree voluntarily assented to the offer’s terms.
True
An offer can be accepted by the offeree or any third party.
False
The primary purpose of the Uniform Electronic Transactions Act is to create new rules for electronic contracts.
False
The offeror can revoke the offer only be expressing repudiating it.
False
Rena asks Sully, “Do you want to pay me to repair your forklift?” This is
not an offer, because the terms are not definite.
Ordinarily, one can agree to a bargain without knowing that it exists.
False
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
serious intent.
Acceptance is timely if it is effective before the offer is terminated.
True
In effect, a counteroffer converts the original offeror into an offeree with the power of acceptance
True
Pastries Inc. sends Rollo its catalogue showcasing a variety of baked goods for certain prices. This is
an ad, not an offer
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.
False
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
*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.
Khe says, “I plan to sell my Apple stock.” This is not an offer because
a statement of future intent to do something in the future is not an offer.
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.”
False
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
words and actions
One element necessary for an effective offer is the offeror’s good faith belief in its reasonableness.
False
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
effective
Two disinterested parties are required for an offer to be effective.
False
Acceptance may consist of words or conduct
True
A preliminary agreement can constitute a binding contract if the parties have agreed on all essential terms.
True
Rico, an auctioneer, puts a semi-truck and trailer up for auction. Rico is
the offeree
Posting an item for sale on an online auction site is an offer to form a contract.
False
For a contact to be considered valid and enforceable, the parties to a deal must
manifest their voluntary consent to the same bargain.
An offer made in undue excitement is an effective offer.
False
The offeree must accept the offer without adding or changing any terms.
True
Before the UETA applies, each party to a transaction must agree to conduct it by electronic means.
True
An invitation to submit bids is an offer.
False
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.
An offer terminates automatically when the period of time specified in the offer has passed.
True
An expression of opinion can indicate an intent to enter into a binding agreement.
False
Bo admires Cid’s collection of coins. Bo asks, “Will you sell it?” This statement is
not an offer, because it is a request
The offeror’s intention to become bound by the offer must be subjectively clear.
False
Maeve posts her motorcycle for sale on an online auction site. This is
an invitation to negotiate, not an offer
An exchange of e-mails cannot create a complete and unambiguous binding agreement.
False
An agreement exists when one party offers a certain bargain to another party.
False
Acceptance of an offer by a method not authorized by the offeror renders the offer invalid.
False
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.
An offer must express reasonably definite terms to be effective—no term may be reasonably inferred.
False
Merely inquiring about an offer constitutes rejection.
False
In general, a price list may be construed as an offer.
False
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
A click-on agreement can indicate the acceptance of an online offer.
True
An offer must be expressed in plain language to be effective.
False
An agreement to agree to the material terms of a contract at some future date may be enforceable.
True
Lon says to Misty, “I would like to sell you my sofa.” This statement is
an invitation to negotiate, not an offer
Shrink-wrap terms are enforceable even if a buyer does not discover them until after the parties have entered into a contract.
False
The power of acceptance continues forever.
False
