NAME: ________________________

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5 Written Questions

5 Matching Questions

  1. offset
  2. minority
  3. volitional test
  4. Merchant
  5. Definite expression of acceptance
  1. a when the offeree responds to the offerors preprinted form with his or her own preprinted form, the offeree manifests a definite expression of acceptance when the offerees form accepts the offeror's "bargained for" terms
  2. b gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
  3. c a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff
  4. d the more modern test which supplements the cognitive test so a person may disaffirm a contract when due to mental disease or defect, he or she is unable to act in a reasonable manner and the other party had reasons to know of the mental disease or defect
  5. e a person who has specialized knowledge as to the goods,specialized knowlegde as to the business practices.

5 Multiple Choice Questions

  1. terms in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.
  2. under classical contract theory, modification of a contract is itself a contract and must follow the same rules of contract formation required for the original contract
  3. is the buyers offer form
  4. both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section
  5. the offeree must have knowledge of the offer before responding with a promise.

5 True/False Questions

  1. adhesion contractis a contract formed by one party imposing his or her will upon an unwilling or even unwitting party

          

  2. Seasonable expression of acceptancewhen the offeree responds to the offerors preprinted form with his or her own preprinted form, the offeree manifests a definite expression of acceptance when the offerees form accepts the offeror's "bargained for" terms

          

  3. Last shot doctrinecommon law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance

          

  4. duressa contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.

          

  5. disaffirma contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.

          

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