5 Written questions
5 Matching questions
- fraud in the factum
- Between Merchants
- volitional test
- a involves the very character of the proposed contract
- b a person who has specialized knowledge as to the goods,specialized knowlegde as to the business practices.
- c a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff
- d both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section
- e 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 Multiple choice questions
- occurs when a court no longer considers the person a minors through the persons chronological age would fall within the definition of a minor
- 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
- the seller's acceptance form
- a contract or contract terms in unconscionable if at the time of contract formation one party imposed an unreasonable favorable contract or term on the other party who lacked a meaningful choice.
- means that the offeree must accept the offer without change.
5 True/False questions
accord → a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.
ratification → the confirmation of the contract
duress → the use of any wrongful act or threat to influence a party to contract
Seasonable expression of acceptance → Wehn preprinted forms are exchanged a seasonable exchanged, a seasonable expressions of acceptance refers to the fact that the 2nd form must have been sent within a reasonable time after receiving the first form
cognitive test → a contracting party may disaffirm a contract if his or her mind was so affected by mental disease or defect as to render him or her wholly and absolutely unable to comprehend and understand the nature of the transaction