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5 Written questions

5 Matching questions

  1. offset
  2. Definite expression of acceptance
  3. duress
  4. repentance
  5. fraud in the factum
  1. a a feeling of remorse or regret concerning ones actions
  2. b involves the very character of the proposed contract
  3. c 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
  4. d a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff
  5. e the use of any wrongful act or threat to influence a party to contract

5 Multiple choice questions

  1. gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
  2. both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section
  3. The rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.
  4. place the non breaching party in the position he or she would have been in had the contract been fully performed
  5. 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

5 True/False questions

  1. restitution remediesplace the non breaching party in the position he or she would have been in had the contract been fully performed

          

  2. satisfactionthe performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.

          

  3. Purchase orderis the buyers offer form

          

  4. Bargained for termsthe fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms

          

  5. unconscionablya 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.

          

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