5 Written questions
5 Matching questions
- Last shot doctrine
- Mirror Images
- a the performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.
- b a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.
- c gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
- d means that the offeree must accept the offer without change.
- e common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
5 Multiple choice questions
- the confirmation of the contract
- The offeror, by being the master of the offer, not only establishes the terms of the contract but also establishes how the offeree must accept the offer and whether notice of acceptance is required. These two concepts, method of acceptance and notice of acceptance often are achieved by the same act in some situations however the method of acceptence will not provide notice 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
- a person who has specialized knowledge as to the goods,specialized knowlegde as to the business practices.
- occurs when a court no longer considers the person a minors through the persons chronological age would fall within the definition of a minor
5 True/False questions
misrepresentation → an assertion that is not in accord with the facts
offset → a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff
Bargained for terms → the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
restitution remedies → 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.
expectation remedies → place the non breaching party in the position he or she would have been in had the contract been fully performed