Question Pt 2 Flashcards
Offers are effective, from the time of X, for the time specified in them, or for a reasonable time.
A. their receipt
B. their reception
C. their acceptation
D. their life
Their reception
An effective acceptance of an offer presupposes that the offeree (the accepting party) knew of the offer and was its X.
A. Address
B. Addressor
C. addressee
D. Destiny
Addressee
Silence does not constitute X.
A. acceptation
B. accord
C. acceptance
D. agreement
Acceptance
The basic element of the consideration doctrine was the idea of a “X”. A. market
B. bargain
C. exchange
D. trade
Bargain
Modern approaches to consideration as a bargain moderate the concept considerably, in the sense that anything X by one party in exchange for his promise will make it binding.
A. thought
B. sought
C. nought
D. caught
Sought
Specific requirements for acceptance set down by the offeror, or usages observed by the parties in the past, may lead to different results. For instance, if the offeror has specified a form or manner for acceptance, the offeree can bring about a binding contract X these preconditions for a valid acceptance.
A. market
A. market
B. bargain
C. exchange
D. trade
Bargain
Some contracts require writing. According to the original common law, this included promises rendered in consideration of marriage, the promise of an executor of a will to be personally responsible for the debts of the estate of the decedent, and promises to pay the debts of another X.
A. guarantee
B. caution
C. warrant
D. securities
Guarantee
Undue influence encompasses all situations in which one party uses his particular influence over the other to X the latter to conclude the contract.
A. endure
B. induce
C. insure
D. endure
Induce
The X provides important limitations on what arguments a party may advance to prove the content of the contract.
A. parole evidence rule
B. word rule
C. parol evidence rule
D. Statute of frauds
Parol evidence rule
The X warranties for the sale of goods are part of the contract, unless the seller has excluded them by valid stipulation, not limited by consumer-protective legislation.
A. express and implied
B. expressive and suppressive
C. express and implicate
D. expressed and implied
D. expressed and implied
Express and implied
A condition is an X, the occurrence (or non-occurrence) of which is a precondition for a contractual obligation to arise or to terminate.
A. event
B. avengement
C. case
D. situation
Event
There are three kinds of condition: precedent, concurrent and X.
A. subsequent
B. resolutely
C. subsequently
D. permanent
Subsequent
Full performance is an extraordinarily strict requirement and thus has been softened in practice by the introduction of the doctrine of “X”.
A. substantive performance
B. main performance
C. substantial performance
D. perfect performance
Substantial performance
The common law and the UCC, however, permit a party to withhold performance because of an X by the other party and to claim damages.
A. anticipatory repudiation
B. preventive rupture
C. before reputation
D. easy breaking
Anticipatory repudiation
Contractual duties may terminate as a result of impossibility, impracticability or X
A. frustrate
B. frustration
C. undue sublicense
D. Submission
Frustration
If a party does not perform its contractual obligation, the other may claim damages for … This claim will lie for non-performance, defective performance, or in cases of anticipatory repudiation.
A. rupture of contract
B. breaching of contract
C. breach of contract
D. contract broken
Breach of contract
The award of X was confined to tort actions, but they are also awarded in commercial contract actions when large-scale business deals have gone awry and there is then a fine line between contract and tort with respect to the underlying theory of the litigation.
A. punitive damages
B. punition damages
C. guilty damages
D. punition damages
Punitive damages
“X” serve a symbolic function: a symbolic amount (for instance “One cent”) will be awarded when a breach of contract has occurred, but economic damage has not been suffered or cannot be proved.
A. Nominative damages
B. Nominee damages
C. Nominal damages
D. Nominee damages
Nominal damages
Specific performance of the contractual obligation is an action derived from X jurisprudence and only will lie when the object of the contract is unique, that is, it cannot be replaced by money.
A. common law
B. equitable
C. equity
D. British
Equitable
The common law required “…” with the result that only the original parties to the contract and their assignees had claims against each other.
The common law required “…” with the result that only the original parties to the contract and their assignees had claims against each other.
A. privity of contract
B. privacy of contract
C. triviality of contract
D. privation of contract
Privity of contract
A contract exists when two or more parties agree on promises X.
A. to exchange things of value
B. to give things of value
C. to change things of value
D. to exchange things of valor
To exchange things of value
Every contract must include a valid offer, acceptance, and X.
A. consideration
B. cause
C. sideration
D. contract
Consideration
The offer represents the content of the agreement, the acceptance represents the fact of X itself, and the consideration represents the exchange of value.
A. agreement
B. caution
C. consideration
D. contract
Agreement
For example, the offeror may say, “I X sell you this car for one thousand dollars.”
A. Shall
B. May
C. Could
D. Would
Shall
The offer also conveys power of acceptance to the offeree. The offeree may simply say, “It’s a X.”
A. Deal
B. Bill
C. Will
D. Affair
Deal
The X has exercised the power of acceptance conveyed to them by the offeror, and they have created a contract.
A. Offeree
A. Offeree
B. Offeror
C. Car dealer
D. Vendee
Offeree
A valid offer must contain X terms and must convey power of acceptance to the offeree.
A.clear and definite
B. clear and indefinite
C. unclear and definite
D. unclear and indefinite
Clear and definite
To determine if the terms are clear and definite this, a common analytical device is the acronym QTIPS: Quantity of goods, services, etc ; Time for the contract to be performed; X who are contracting; Price; Subject matter of the contract.
A. Identity of the persons
B. Adresses of the persons
C. Mobile phone numbers of the persons
D. Ages of the persons
Identity of the persons
In the classical model, the offer contains all of the above, and the acceptance is merely an expression of X.
A. Assent
B. Consent
C. Acceptation
D. Absence
Assent
Missing terms will be filled in by what is determined to be X.
A. Reasonable
B. Possible
C. Acceptable
D. Illogical
Reasonable
