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5 Written questions

5 Matching questions

  1. accord
  2. Seasonable expression of acceptance
  3. offset
  4. emancipation
  5. Boilerplate terms
  1. a a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.
  2. b occurs when a court no longer considers the person a minors through the persons chronological age would fall within the definition of a minor
  3. c the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
  4. d 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
  5. e a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff

5 Multiple choice questions

  1. occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
  2. 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
  3. common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
  4. 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.
  5. the performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.

5 True/False questions

  1. Definite 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

          

  2. ratificationthe confirmation of the contract

          

  3. misrepresentationan assertion that is not in accord with the facts

          

  4. Knowledge of the Offerthe offeree must have knowledge of the offer before responding with a promise.

          

  5. repentancea feeling of remorse or regret concerning ones actions

          

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