5 Written questions
5 Matching questions
- Who can accept an offer?
- Boilerplate terms
- Purchase order
- a is the buyers offer form
- b a contract when that party notifies the other contracting party that he or she will no longer be bound by the contracts terms
- 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.
- d the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
- e a contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.
5 Multiple choice questions
- The rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.
- an assertion that is not in accord with the facts
- involves the very character of the proposed contract
- a feeling of remorse or regret concerning ones actions
- 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
5 True/False questions
volitional test → the more modern test which supplements the cognitive test so a person may disaffirm a contract when due to mental disease or defect, he or she is unable to act in a reasonable manner and the other party had reasons to know of the mental disease or defect
adhesion contract → is a contract formed by one party imposing his or her will upon an unwilling or even unwitting party
duress by actual physical force → occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
Bargained for terms → the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
duress → a deduction of the amount awarded to the defendant from the amount awarded to the plaintiff