Question 1

Which of the following would indicate a rejection under the mirror image rule?

Accepted Answer

A)   Inquiry regarding terms
B)   Material changes to offer
C)   Grumbling acceptance
D)   Present intent to acceptE) B) and C)
F) A) and D) B

Question 2

An offer which is unclear about the form of acceptance that is necessary to create a contract, is called a(n)  _____ offer.

Accepted Answer

A)   ambiguous
B)   reasonable
C)   implied
D)   counterE) None of the above
F) B) and C)

Question 3

When an offer is unclear about the form of acceptance it requires, ideally it must not be accepted.

Accepted Answer

A) True 
 B)False

Question 4

Kevin offered to mow the lawn for his Uncle Jordan's for $100. To his offer, Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin.

Accepted Answer

A) True 
 B)False

Question 5

Under the common law, an offer for a unilateral contract:

Accepted Answer

A)   is accepted by full performance of the act requested by the offer.
B)   is accepted either by an appropriate act or an appropriate promise.
C)   is accepted by whatever means are reasonable under the circumstances.
D)   is accepted by making the promise requested by the offer.E) A) and B)
F) None of the above

Question 6

Arthur offered to sell his house to Mike for $50,000. Even before Mike responded to the offer, Jack learnt of the offer and called up Arthur to accept the offer. Jack's action represents a(n)  _____.

Accepted Answer

A)   offer
B)   promise
C)   notification
D)   acceptanceE) All of the above
F) None of the above A

Question 7

Acceptances by instantaneous forms of communication are effective immediately upon communication to the offeror.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following actions constitutes the acceptance of an offer?

Accepted Answer

A)   Offeree made material alterations to the terms of the offer
B)   Offeree intended to enter the contract only if requisite changes were made
C)   Offeree reflected assent to the terms of the offer in the requisite manner
D)   Offeree suggested addition of new terms that were earlier not addressed in the offerE) C) and D)
F) None of the above

Question 9

In determining whether an offeree accepted an offer, the court is looking for the same _____ on the part of the offeree that it found on the part of the offeror.

Accepted Answer

A)   present intent to contract
B)   inquiry regarding terms
C)   subjective standard
D)   silent acceptanceE) None of the above
F) B) and C)

Question 10

Milner Developers proposed an offer to Henry Wright, an independent contractor, to hire him for their next project. They offered him a certain rate and specified the contract details along with describing the stipulated mode of acceptance, but received no response. Wright responded to the offer after a delay of two months with a quote for a higher amount than that mentioned by Milner Developers. Do the two parties have a binding contract?

Accepted Answer

A)   No, because the offer made by Milner Developers was ambiguous.
B)   No, because Wright's letter was a counteroffer to the original offer.
C)   Yes, because Milner Developers did receive a response from Wright.
D)   Yes, because Wright's silent signaled his acceptance of the offer.E) A) and D)
F) A) and C)

Question 11

Where an offer stipulates a certain means of acceptance, the offeree's acceptance is effective upon dispatch even if it uses means other than those specified in the offer.

Accepted Answer

A) True 
 B)False

Question 12

Debbie Jones and Bill Schneider exchanged standard order forms to formalize their contract for a batch of goods and realized that their standard forms do not agree on material terms. Under UCC section 2-207, when will there be a contract? Assume that Bill did not make its acceptance conditional on Debbie's assent to any additional or different terms.

Accepted Answer

A)   Only when Debbie and Bill are merchants.
B)   When Bill's form is a definite and seasonable expression of acceptance.
C)   When the conduct of one party recognizes the existence of a contract.
D)   When the offer expressly limits acceptance to its own terms.E) None of the above
F) B) and D) B

Question 13

According to the Code, when there is an acceptance that contains terms that are different from the original terms of the contract, the contract will consist of _____ and the appropriate gap-filling presumptions of the Code.

Accepted Answer

A)   an inquiry regarding terms
B)   notifications to prevent breach of conduct
C)   counteroffers from either party
D)   terms on which the parties' writings agreeE) A) and B)
F) A) and C)

Question 14

The only person with the legal power to accept an offer and create a contract is the original offeree.

Accepted Answer

A) True 
 B)False

Question 15

When Carol Whittaker makes an offer to a contractor Jacob Phelps directing him to inform her of his acceptance through registered letter mail, she is making an ambiguous offer.

Accepted Answer

A) True 
 B)False

Question 16

If the offeree accepts the offeror's terms while complaining about them, it is called a grumbling acceptance.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true regarding the approach taken by the UCC toward the proper means of acceptance and the implications of using it or not using it?

Accepted Answer

A)   If the offer authorizes a certain means of acceptance, the offeree must use that means or else there is no acceptance.
B)   If the offer authorizes a certain means of acceptance and the offeree uses another means, a contract is formed, but never before the offeror receives the acceptance.
C)   Where the offer stipulates a certain means of acceptance, any reasonable means of acceptance will create a contract.
D)   The UCC does not change the traditional rule that, where the offer stipulates a certain means of acceptance, the acceptance must use that means or there is no contract.E) A) and D)
F) B) and D)

Question 18

Which of the following considers a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time to be effective on dispatch?

Accepted Answer

A)   Traditional contract laws
B)   UCC
C)   CISG
D)   Restatement (Second) E) A) and B)
F) A) and C)

Question 19

You wish to download free software from the Internet. The download procedure includes a page titled "download now" that asks you to "please review" the licensing agreement that is available to you on another web page. The "download now" page has a button that initiates the download process. You click that button without going to the licensing agreement page and find that it contains an arbitration provision. Are you bound by this provision?

Accepted Answer

A)   Yes, because the "please review" statement in the "download now" page informed you of the licensing agreement.
B)   Yes, because when you clicked the button to initiate the download process you agreed to the provisions in the licensing agreement.
C)   No, because you did not perform an action that indicated your assent to the licensing agreement.
D)   No, because laws relating to Internet privacy consider silence to be an acceptance of the offer.E) B) and C)
F) All of the above

Question 20

Why does traditional contract law view any kind of an attempt by offerees to change terms as constituting a counteroffer?

Accepted Answer

A)   A material change to an original offer is disfavored by traditional contract law.
B)   It changes the degree of the offeror's interest to contract.
C)   Such an action implies a rejection of the offer by the offeree.
D)   It puts the offeree in a dominant position which is contrary to traditional contract laws.E) C) and D)
F) A) and B)

Exam 11: The Agreement: Acceptance

Which of the following would indicate a rejection under the mirror image rule?

Correct Answer
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B

An offer which is unclear about the form of acceptance that is necessary to create a contract, is called a(n) _____ offer.

Correct Answer
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When an offer is unclear about the form of acceptance it requires, ideally it must not be accepted.

Correct Answer
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Kevin offered to mow the lawn for his Uncle Jordan's for $100. To his offer, Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin.

Correct Answer
verified

Under the common law, an offer for a unilateral contract:

Correct Answer
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Arthur offered to sell his house to Mike for $50,000. Even before Mike responded to the offer, Jack learnt of the offer and called up Arthur to accept the offer. Jack's action represents a(n) _____.

Correct Answer
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A

Acceptances by instantaneous forms of communication are effective immediately upon communication to the offeror.

Correct Answer
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Which of the following actions constitutes the acceptance of an offer?

Correct Answer
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In determining whether an offeree accepted an offer, the court is looking for the same _____ on the part of the offeree that it found on the part of the offeror.

Correct Answer
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Correct Answer
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Where an offer stipulates a certain means of acceptance, the offeree's acceptance is effective upon dispatch even if it uses means other than those specified in the offer.

Correct Answer
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Correct Answer
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B

According to the Code, when there is an acceptance that contains terms that are different from the original terms of the contract, the contract will consist of _____ and the appropriate gap-filling presumptions of the Code.

Correct Answer
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The only person with the legal power to accept an offer and create a contract is the original offeree.

Correct Answer
verified

When Carol Whittaker makes an offer to a contractor Jacob Phelps directing him to inform her of his acceptance through registered letter mail, she is making an ambiguous offer.

Correct Answer
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If the offeree accepts the offeror's terms while complaining about them, it is called a grumbling acceptance.

Correct Answer
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Which of the following is true regarding the approach taken by the UCC toward the proper means of acceptance and the implications of using it or not using it?

Correct Answer
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Which of the following considers a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time to be effective on dispatch?

Correct Answer
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Correct Answer
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Why does traditional contract law view any kind of an attempt by offerees to change terms as constituting a counteroffer?

Correct Answer
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Exam 11: The Agreement: Acceptance

Which of the following would indicate a rejection under the mirror image rule?

Correct AnswerverifiedB

An offer which is unclear about the form of acceptance that is necessary to create a contract, is called a(n) _____ offer.

Correct AnswerverifiedShow Answer

When an offer is unclear about the form of acceptance it requires, ideally it must not be accepted.

Correct AnswerverifiedShow Answer

Kevin offered to mow the lawn for his Uncle Jordan's for $100. To his offer, Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin.

Correct AnswerverifiedShow Answer

Under the common law, an offer for a unilateral contract:

Correct AnswerverifiedShow Answer

Arthur offered to sell his house to Mike for $50,000. Even before Mike responded to the offer, Jack learnt of the offer and called up Arthur to accept the offer. Jack's action represents a(n) _____.

Correct AnswerverifiedA

Acceptances by instantaneous forms of communication are effective immediately upon communication to the offeror.

Correct AnswerverifiedShow Answer

Which of the following actions constitutes the acceptance of an offer?

Correct AnswerverifiedShow Answer

In determining whether an offeree accepted an offer, the court is looking for the same _____ on the part of the offeree that it found on the part of the offeror.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Where an offer stipulates a certain means of acceptance, the offeree's acceptance is effective upon dispatch even if it uses means other than those specified in the offer.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedB

According to the Code, when there is an acceptance that contains terms that are different from the original terms of the contract, the contract will consist of _____ and the appropriate gap-filling presumptions of the Code.

Correct AnswerverifiedShow Answer

The only person with the legal power to accept an offer and create a contract is the original offeree.

Correct AnswerverifiedShow Answer

When Carol Whittaker makes an offer to a contractor Jacob Phelps directing him to inform her of his acceptance through registered letter mail, she is making an ambiguous offer.

Correct AnswerverifiedShow Answer

If the offeree accepts the offeror's terms while complaining about them, it is called a grumbling acceptance.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the approach taken by the UCC toward the proper means of acceptance and the implications of using it or not using it?

Correct AnswerverifiedShow Answer

Which of the following considers a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time to be effective on dispatch?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Why does traditional contract law view any kind of an attempt by offerees to change terms as constituting a counteroffer?

Correct AnswerverifiedShow Answer

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B

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A

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B

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