A counteroffer is a rejection of the original offer and the making of a new offer.
True or False: T
A firm offer can only be made by a merchant.
True or False: T
A firm offer is separate contract that eliminates the offeror’s right to revoke the offer for the time period specified in the option.
True or False: F
A meeting of the minds is called mutual assent. True or False: T
A revocation of an offer is not effective until it is known by the offeree.
True or False: T
A unilateral contract is created when the offeror wants the offeree to give a promise to perform.
True or False: F
A unilateral mistake generally does not affect the contract.
True or False: T
A voidable contract is one in which either party can avoid the duties or obligations under it.
True or False: F
An agreement that will not be enforced because it calls for the performance of an illegal act is:
a. A voidable contract
b. A valid contract
c. An executed contract
d. A void contract
Answer: D
An offer is a promise that can be met with acceptance or rejection.
True or False: T
An offer will be terminated by operation of law if a reasonable time has expired.
True or False: T
An offer will be terminated by operation of law if one or both of the parties die or become incompetent.
True or False: T
An offer will be terminated by operation of law if the time for accepting the offer, as set by the offeror, has expired. True or False: T
An offer will not be terminated by operation of law if the subject matter of the offer is destroyed.
True or False: F
An offer will not be terminated by operation of law simply because there is an intervening illegality of object of the contract. True or False: F
An option contract is always enforceable without consideration.
True or False: F
Chrissie, Inc. entered into a contract with Sari, Inc. for the purchase of batteries. The contract did not specify the price. Which statement is correct?
a. Chrissie and Sari have a contract and the contract price will be the reasonable price at the time the goods are delivered
b. Chrissie and Sari do not have a contract because the terms are not definite
c. Chrissie and Sari do not have a contract because there was no mutual assent
d. Chrissie and Sari have a contract and the contract price will be the reasonable price at the time at which the contract was entered
Answer: A
Contract which are so one-sided in favor of one of the parties such that they shock the conscience are called:
a. Bad faith
b. Paroled
c. Unconscionable
d. Commercially unreasonable
Answer: C
Differences exist between the common law system used in the U.S. and the civil law system used in Europe.
True or False: T
Generally, a mutual mistake makes a contract unenforceable.
True or False: T
In this type of contract, the terms of the offer and acceptance are specifically stated, either orally or in writing.
a. Express contract
b. Implied contract
c. Informal contract
d. Formal contract
Answer: A
Luke offers Price the opportunity to buy 100 screwdrivers for $1.00 each; she replies with the suggestion that she buy 200 at $.90 each. Her response is known as:
a. A negotiation
b. A counteroffer
c. A revocation
d. An offer in compromise
Answer: B
Of all the uniform codes of law, the most important to business is the Uniform Commercial Code.
True or False: T
On September 1, Sara wrote a letter to Chris offering to sell her snowmobile. Chris received the letter on September 3 and immediately sent a letter to Sara accepting the offer. Two hours after Chris mailed the letter of acceptance, Sara called and informed Chris that she changed her mind about the snowmobile. In most states, the parties:
a. Have an agreement because the acceptance was in the mail prior to the revocation
b. Have an agreement because of the parole evidence rule
c. Do not have an agreement because the revocation occurred before the letter of acceptance was received by Sara
d. Do not have an agreement because of the Statute of Frauds
Answer: A
Once made, an offer cannot be revoked by the offeror.
True or False: F
Sara offered to buy Chris’s house. To be valid, Chris’s acceptance:
a. Can vary slightly from the offer
b. Must be identical to the offer
c. Can vary significantly from the offer as long as he intends to contract
d. Can vary proportionately according to the price
Answer: B
Sara paid Chris $2000 to hold an offer on some farm land open for six months. Chris:
a. Can revoke the offer as long as he returns the $2000
b. Cannot revoke the offer since it s a firm offer
c. Cannot revoke the offer since it is an option contract
d. Cannot revoke the offer since it is a mirror-image contract
Answer: C
Silence can often be construed as an acceptance.
True or False: F
The Hamer v. Sidway case addressed the issue of:
a. Misrepresentation
b. Capacity
c. Consideration
d. Fraud
Answer: C
The mirror image rule requires that the offeree’s acceptance to match the offeror’s offer exactly.
True or False: T
The UCC covers contracts involving the sale of personal property, under Article 3.
True or False: F
This type of contract is required to be in a special form to be valid; an example is a bail bond to obtain someone’s release from jail.
a. Express contract
b. Implied contract
c. Informal contract
d. Formal contract
Answer: D
Under the FTC’s Negative Acceptance Rule, book and video clubs are required to give members enough time to respond if they want to decline the monthly selection.
True or False: F
Under this FTC rule, book and video clubs are required to give members enough time to respond if they want to decline the monthly selection.
a. The Negative Option Rule
b. The Negative Acceptance Rule
c. The Alternative Option Rule
d. The Negative Reply Rule
Answer: A
Unless an offer is irrevocable, it can be revoked by the offeror at any time before acceptance.
True or False: T
When the parties act as if a contract were made, even though no specific words were spoken or written to that effect, the law can imply an existing contract.
True or False: T
Which of the following is not always an element of a contract?
a. Agreement
b. In writing
c. Consideration
d. Legality
Answer: B
Which of the following is/are elements for an offer under the common law to be effective?
a. Objective intent
b. Reasonably definite terms
c. Communication to the offeree
d. All of the above
Answer: D
When fraud occurs, the injured party can void the contract.
True or False: T
A counteroffer is a rejection of the original offer and the making of a new offer.
True or False: T
A firm offer can only be made by a merchant.
True or False: T
A firm offer is separate contract that eliminates the offeror’s right to revoke the offer for the time period specified in the option.
True or False: F
A meeting of the minds is called mutual assent. True or False: T
A revocation of an offer is not effective until it is known by the offeree.
True or False: T
A unilateral contract is created when the offeror wants the offeree to give a promise to perform.
True or False: F
A unilateral mistake generally does not affect the contract.
True or False: T
A voidable contract is one in which either party can avoid the duties or obligations under it.
True or False: F
An agreement that will not be enforced because it calls for the performance of an illegal act is:
a. A voidable contract
b. A valid contract
c. An executed contract
d. A void contract
Answer: D
An offer is a promise that can be met with acceptance or rejection.
True or False: T
An offer will be terminated by operation of law if a reasonable time has expired.
True or False: T
An offer will be terminated by operation of law if one or both of the parties die or become incompetent.
True or False: T
An offer will be terminated by operation of law if the time for accepting the offer, as set by the offeror, has expired. True or False: T
An offer will not be terminated by operation of law if the subject matter of the offer is destroyed.
True or False: F
An offer will not be terminated by operation of law simply because there is an intervening illegality of object of the contract. True or False: F
An option contract is always enforceable without consideration.
True or False: F
Chrissie, Inc. entered into a contract with Sari, Inc. for the purchase of batteries. The contract did not specify the price. Which statement is correct?
a. Chrissie and Sari have a contract and the contract price will be the reasonable price at the time the goods are delivered
b. Chrissie and Sari do not have a contract because the terms are not definite
c. Chrissie and Sari do not have a contract because there was no mutual assent
d. Chrissie and Sari have a contract and the contract price will be the reasonable price at the time at which the contract was entered
Answer: A
Contract which are so one-sided in favor of one of the parties such that they shock the conscience are called:
a. Bad faith
b. Paroled
c. Unconscionable
d. Commercially unreasonable
Answer: C
Differences exist between the common law system used in the U.S. and the civil law system used in Europe.
True or False: T
Generally, a mutual mistake makes a contract unenforceable.
True or False: T
In this type of contract, the terms of the offer and acceptance are specifically stated, either orally or in writing.
a. Express contract
b. Implied contract
c. Informal contract
d. Formal contract
Answer: A
Luke offers Price the opportunity to buy 100 screwdrivers for $1.00 each; she replies with the suggestion that she buy 200 at $.90 each. Her response is known as:
a. A negotiation
b. A counteroffer
c. A revocation
d. An offer in compromise
Answer: B
Of all the uniform codes of law, the most important to business is the Uniform Commercial Code.
True or False: T
On September 1, Sara wrote a letter to Chris offering to sell her snowmobile. Chris received the letter on September 3 and immediately sent a letter to Sara accepting the offer. Two hours after Chris mailed the letter of acceptance, Sara called and informed Chris that she changed her mind about the snowmobile. In most states, the parties:
a. Have an agreement because the acceptance was in the mail prior to the revocation
b. Have an agreement because of the parole evidence rule
c. Do not have an agreement because the revocation occurred before the letter of acceptance was received by Sara
d. Do not have an agreement because of the Statute of Frauds
Answer: A
Once made, an offer cannot be revoked by the offeror.
True or False: F
Sara offered to buy Chris’s house. To be valid, Chris’s acceptance:
a. Can vary slightly from the offer
b. Must be identical to the offer
c. Can vary significantly from the offer as long as he intends to contract
d. Can vary proportionately according to the price
Answer: B
Sara paid Chris $2000 to hold an offer on some farm land open for six months. Chris:
a. Can revoke the offer as long as he returns the $2000
b. Cannot revoke the offer since it s a firm offer
c. Cannot revoke the offer since it is an option contract
d. Cannot revoke the offer since it is a mirror-image contract
Answer: C
Silence can often be construed as an acceptance.
True or False: F
The Hamer v. Sidway case addressed the issue of:
a. Misrepresentation
b. Capacity
c. Consideration
d. Fraud
Answer: C
The mirror image rule requires that the offeree’s acceptance to match the offeror’s offer exactly.
True or False: T
The UCC covers contracts involving the sale of personal property, under Article 3.
True or False: F
This type of contract is required to be in a special form to be valid; an example is a bail bond to obtain someone’s release from jail.
a. Express contract
b. Implied contract
c. Informal contract
d. Formal contract
Answer: D
Under the FTC’s Negative Acceptance Rule, book and video clubs are required to give members enough time to respond if they want to decline the monthly selection.
True or False: F
Under this FTC rule, book and video clubs are required to give members enough time to respond if they want to decline the monthly selection.
a. The Negative Option Rule
b. The Negative Acceptance Rule
c. The Alternative Option Rule
d. The Negative Reply Rule
Answer: A
Unless an offer is irrevocable, it can be revoked by the offeror at any time before acceptance.
True or False: T
When the parties act as if a contract were made, even though no specific words were spoken or written to that effect, the law can imply an existing contract.
True or False: T
Which of the following is not always an element of a contract?
a. Agreement
b. In writing
c. Consideration
d. Legality
Answer: B
Which of the following is/are elements for an offer under the common law to be effective?
a. Objective intent
b. Reasonably definite terms
c. Communication to the offeree
d. All of the above
Answer: D
When fraud occurs, the injured party can void the contract.
True or False: T |