5 Written Questions

1. a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff
2. is a contract formed by one party imposing his or her will upon an unwilling or even unwitting party
3. 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
4. common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
5. both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section

5 Matching Questions

1. expectation remedies
2. duress
3. disaffirm
4. Who can accept an offer?
5. fraud in the factum

1. a the use of any wrongful act or threat to influence a party to contract
2. b place the non breaching party in the position he or she would have been in had the contract been fully performed
3. c 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.
4. d a contract when that party notifies the other contracting party that he or she will no longer be bound by the contracts terms
5. e involves the very character of the proposed contract

5 Multiple Choice Questions

1. an assertion that is not in accord with the facts
   1. satisfaction
   2. ratification
   3. repentance
   4. misrepresentation
2. occurs when a court no longer considers the person a minors through the persons chronological age would fall within the definition of a minor
   1. ratification
   2. modification
   3. satisfaction
   4. emancipation
3. occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
   1. satisfaction
   2. Purchase order
   3. duress by actual physical force
   4. ratification
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.
   1. emancipation
   2. minority
   3. accord
   4. unconscionably
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
   1. emancipation
   2. modification
   3. ratification
   4. satisfaction

5 True/False Questions

1. Bargained for terms → terms in a preprinted form are those terms that are supplied by the party on the form and have not been preprinted.

   True        False

2. cognitive test → 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

   True        False

3. Purchase order → a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.

   True        False

4. repentance → a feeling of remorse or regret concerning ones actions

   True        False

5. Boilerplate terms → the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms

   True        False