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5 Written questions

5 Matching questions

  1. Between Merchants
  2. necessaries
  3. cognitive test
  4. duress by actual physical force
  5. Bargained for terms
  1. a terms in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.
  2. b occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
  3. c 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
  4. d 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
  5. e both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section

5 Multiple choice questions

  1. place the breaching party back to the position he or she was in prior to the time the breaching party received the benefit conferred upon him or her by the non breaching party.
  2. involves the very character of the proposed contract
  3. place the non breaching party in the position he or she would have been in had the contract been fully performed
  4. the confirmation of the contract
  5. 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

  1. volitional testthe 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

          

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

          

  4. Acknowledgement formthe seller's acceptance form

          

  5. repentancea feeling of remorse or regret concerning ones actions

          

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