Chapter 2. Mutual Assent and Consideration

Question 1

Bonbrake

Answer 1

Regarding sale of goods or services and application of Article 2 of UCC. The test is whether the g/d are primary or incidental

Question 2

Coakely 1

Answer 2

language of the contract

Question 3

Coakely 2

Answer 3

nature of the business of the supplier

Question 4

Coakely 3

Answer 4

Intrinsic worth of the material

Question 5

Coakely (4)

Answer 5

Is dispute arising from relevant s/g

Question 6

Mirror image

Answer 6

Regarding Forms: acceptance must be mirror image

Question 7

Last Shot

Answer 7

The last shot, or counteroffer, are the terms and conditions agreed to regarding forms

Question 8

Princess

Answer 8

A counteroffer acts as rejection of the original offer under CL(R) (not UCC). If CO is accepted those T&C apply

Question 9

Brown

Answer 9

Under UCC, additional terms become part of a contract between merchants unless the offer expressly limits acceptance to the terms included in the offer, the additional terms materially alter the contract, or notification of objection to the additional terms has been given or is given within a reasonable time

Question 10

§3 Agreement Defined; Bargain Defined

Answer 10

An agreement is a MMA 
A bargain is an agreement to 
exchange promises or 
to exchange a promise for performance or 
to exchange performances

Question 11

§17 Requirement for Bargain

Answer 11

MMA, meeting of the minds, actual + apparent assent, sufficient consideration

Question 12

§18 MMA

Answer 12

Requires that each party make a promise or begin or render performance

Question 13

§20 Effect of Misunderstanding

Answer 13

There is no MMA to an exchange if the parties attach materially different meanings and those are operative in accordance of agreement