5 Written questions
5 Matching questions
- restitution remedies
- Last shot doctrine
- a 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.
- b the performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.
- c gives minors the power to contract and the power to disaffirm a contract, even after the other party has fully performed.
- d common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
- e the use of any wrongful act or threat to influence a party to contract
5 Multiple choice questions
- occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
- an assertion that is not in accord with the facts
- means that the offeree must accept the offer without change.
- place the non breaching party in the position he or she would have been in had the contract been fully performed
- 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 True/False questions
Between Merchants → both parties to the transaction are chargeable with the knowledge or the skill required to be a particular code section
repentance → a feeling of remorse or regret concerning ones actions
Who can accept an offer? → 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
Posting(mailbox) rule → The rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.
offset → a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.