5 Written questions
5 Matching questions
- Bargained for terms
- volitional test
- Knowledge of the Offer
- a gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
- b 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
- c the offeree must have knowledge of the offer before responding with a promise.
- d the confirmation of the contract
- e terms in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.
5 Multiple choice questions
- those articles that the minor actually needs and must supply for himself or herself because the person who has the duty to provide these articles either cannot or will not provide them
- the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
- the performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.
- The rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.
- 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
5 True/False questions
Between Merchants → both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section
disaffirm → a contract when that party notifies the other contracting party that he or she will no longer be bound by the contracts terms
fraud in the factum → involves the very character of the proposed contract
accord → a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.
Purchase order → is the buyers offer form