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5 Written Questions

5 Matching Questions

  1. Bargained for terms
  2. minority
  3. duress
  4. Who can accept an offer?
  5. Boilerplate terms
  1. a The offeror, by being the master of the offer, controls who may accept the offer. An offer made to a specific party can only be accepted by that party.
  2. b gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
  3. c terms in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.
  4. d the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
  5. e the use of any wrongful act or threat to influence a party to contract

5 Multiple Choice Questions

  1. common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
  2. a contract when that party notifies the other contracting party that he or she will no longer be bound by the contracts terms
  3. means that the offeree must accept the offer without change.
  4. the confirmation of the contract
  5. 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

5 True/False Questions

  1. adhesion contractcommon law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance

          

  2. Posting(mailbox) ruleThe rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.

          

  3. Purchase orderis the buyers offer form

          

  4. 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.

          

  5. cognitive testa 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

          

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