Question Pt 3 Flashcards
Some terms, such as price and quantity, are more important. Courts are more likely to fill in a “reasonable” price when the contract is for the sale of X goods, less likely when it is for unique goods.
A. Fungible
B. Fongible
C. Fungus
D. Fuliginous
Fungible
A valid offer conveys power of acceptance to the X; In other words, a simple expression of assent by the X will conclude the bargain.
A valid offer conveys power of acceptance to the X; In other words, a simple expression of assent by the X will conclude the bargain.
A. Offeree
B. Offeror
C. Offrant
D. Coffreur
Offeree
The statement, “I would like to consider selling you my car for a thousand dollars, but first I need to sleep on it,” does not convey power of acceptance to the person addressed, because it contains X language.
A. Conditional
B. Fictional
C. Virtual
D. Future
Conditional
An offer made in X : An offer which the offeree knows or should know is made in X is not a valid offer.
A. Rest
B. Best
C. Zest
D. Jest
Jest
Preliminary negotiations and statements of future intentions: “I’m thinking of selling my car for a thousand dollars,” or “I am going to sell my car for a thousand dollars” X.
A. Are probabilities
B. Are counteroffers
C. Are not offers
D. Are offers
Are not offers
Price quotations: Generally, a price quote is not an offer, especially if it does not include a quantity, is not addressed to a particular X, or does not include words like “offer.”
A. Offeree
B. Offeror
C. Car dealer
D. Vendee
Offeree
Solicitations of offers: One must often determine whether a proposal is a solicitation of an offer, or an offer, especially in the case of X.
A. Advertissements
B. Avertissements
C. Badvertissements
D. Cats
Advertissements
Advertisements will normally be X by courts to be invitations to the public to make offers.
A. Constructed
B. Converted
C. Construed
D. Convives
Construed
An advertisement may be construed to be an offer if it would X a reasonable prospective buyer to believe that an offer was intended; this would be so if the advertisement contains the elements of an offer: clear and definite terms, and apparent conveyance of power of acceptance to the offeree.
A. Mean
B. Leed
C. Lead
D. Convince
Lead
Putting an item up for X is a solicitation of offers.
A. action
B. auction
C. audition
D. bargain
Auction
The acceptance represents agreement, and it X the contract.
A. Constitutes
B. creates
C. Vanishes
D. Loves
Creates
To be valid, the acceptance must be knowing, voluntary, and X.
A. liberate
B. Libel
C. deliberate
D. Deliver
Deliberate
In determining whether a valid acceptance has been made, the proper focus is on whether a reasonable offeror would understand that the offeree had accepted. As with the analysis of the offer, this is the objective, or “reasonable person” test; In other words, it does not matter what the offeror and offeree actually intended their words or actions to mean (the X test), it matters how a reasonable person would have
In determining whether a valid acceptance has been made, the proper focus is on whether a reasonable offeror would understand that the offeree had accepted. As with the analysis of the offer, this is the objective, or “reasonable person” test; In other words, it does not matter what the offeror and offeree actually intended their words or actions to mean (the X test), it matters how a reasonable person would have interpreted them.
A. Objective
B. subjective
C. Subject
D. Request
Subjective
Communication to the offeror: When communication is instantaneous, such as face-to-face or by telephone, acceptance is valid when it is received by the offeror; when the communication is through the mail or by another means that involves a time delay, then the X rule applies, and acceptance is valid upon dispatch.
A. Mail-box
B. Mailbox
C. Mails in box
D. Mail Box
Mailbox
There is an exception of the mailbox rule for X contracts: acceptance is valid upon receipt, not upon dispatch.
A. Position
B. Opposition
C. Option
D. Opinion
Option
The acceptance must be in accord with the substantive terms and the procedural X of the offer.
A. Required
B. Requisitions
C. Rules
D. Requirements
Requirements
Regarding substantive terms, responding to, “I’ll sell you my car for a thousand dollars,” with, “OK, I’ll give you five hundred for it,” is not a valid acceptance, because the terms of the acceptance conflict with the terms of the offer (The response would be a X rather than an acceptance.)
A. Contraoffer
B. Counteroffer
C. Controffer
D. Contra-offer
D. Contra-offer
Counteroffer
Historically, courts followed the “X” rule: if the acceptance varied in any way from the offer, it was not valid.
A. mirror image
B. minor image
C. admirer image
D. mirrour image
Mirror image
Modernly, minor variations will not X the acceptance.
A. Validate
B. Invalidate
C. Admit
D. Reject
Invalidate
Acceptance by X : If I say, “I’ll pay you a hundred dollars if you mow my lawn tomorrow,” and you say nothing, but you do mow my lawn tomorrow, this is a valid acceptance.
A. Execution
B. Redress
C. Performance
D. Reformation
Performance
Partial performance: When acceptance may be by performance, and the performance cannot be accomplished instantaneously, the offeror may not revoke the offer once performance has X.
A. Begin
B. Start
C. Commence
D. Begun
Begun
Bilateral contract: If the offeror intended to create a bilateral contract (a promise in exchange for a promise), then beginning performance constitutes an implied promise; It is a valid acceptance and the offeree is obligated to X performance.
A. Finish
B. Make
C. Dare
D. Care
Finish
Bilateral contract: If the offeror intended to create a bilateral contract (a promise in exchange for a promise), then beginning performance constitutes an implied promise; It is a valid acceptance and the offeree is obligated to X performance.
A. Finish
B. Make
C. Dare
D. Care
Finish
Unilateral contract: If the offeror intended to create a unilateral contract, then acceptance is made when performance is finished; The offeree has no obligation to finish performance once they have begun; Modernly, courts will only find X to create a unilateral contract when express language exists.
Unilateral contract: If the offeror intended to create a unilateral contract, then acceptance is made when performance is finished; The offeree has no obligation to finish performance once they have begun; Modernly, courts will only find X to create a unilateral contract when express language exists.
A. Pretention
B. intention
C. Attention
D. Intent
Intent
Implied-in-Fact Contract: A contract or X may be construed even when there are no explicit words, if there is an unambiguous offer and acceptance, mutual intent to be bound, and consideration; Courts will look to the facts and the parties’ conduct.
A. contract word
B. contract firm
C. contract term
D. contract sun
Contract term
Rewards: An offer of a reward made to the public is an executory offer of a unilateral contract; In order to collect the reward, the person performing must have X about the offer; Such an offer may be revoked by publishing the revocation with the same notoriety as the original offer. A. Born
B. Sworn
C. Torn
D. Known
Known
It does not matter if the notice actually reaches one who X; Exception: Note that when such an offer can only be accepted by one person (e.g. there is only one lost dog to be returned), then the offeree is a unique individual who is as yet unidentified.
A. attempts acceptance
B. attempts offer
C. attempts acceptance and offer
D. request acceptance and offer
Attempts acceptance
This means that if the person who eventually becomes the offeree by completing performance, had started to perform before the revocation was made, then the revocation was X.
A. effective
B. ineffective
C. efficace
D. reflexive
Ineffective
Effective date of acceptance: An acceptance takes effect when it is dispatched to the offeror; On the telephone, dispatch and receipt of the acceptance are X; In the mail, acceptance may be dispatched within the time required by the terms of the offer, but received too late.
Effective date of acceptance: An acceptance takes effect when it is dispatched to the offeror; On the telephone, dispatch and receipt of the acceptance are X; In the mail, acceptance may be dispatched within the time required by the terms of the offer, but received too late.
A. Delayed
B. Possible
C. Simultaneous
D. On request
Simultaneous
Knowledge of the offer: The offeree cannot accept an offer he does not know exists; In the case of rewards offered for taking certain actions, the offerees must know about the reward offer before they X the action.
A. Make
B. Taken
C. Made
D. take
Take
