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5 Written questions

5 Matching questions

  1. disaffirm
  2. Who can accept an offer?
  3. Boilerplate terms
  4. accord
  5. Purchase order
  1. a is the buyers offer form
  2. b a contract when that party notifies the other contracting party that he or she will no longer be bound by the contracts terms
  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 the fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms
  5. 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

  1. The rule of determining when an acceptance sent from a distance is effective, acceptence is effective when sent.
  2. an assertion that is not in accord with the facts
  3. involves the very character of the proposed contract
  4. a feeling of remorse or regret concerning ones actions
  5. 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

  1. volitional testthe 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

          

  2. adhesion contractis a contract formed by one party imposing his or her will upon an unwilling or even unwitting party

          

  3. duress by actual physical forceoccurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract

          

  4. Bargained for termsthe fixed terms is a preprinted form bargained for, boilerplate terms maybe be substantive terms or procedural terms

          

  5. duressa deduction of the amount awarded to the defendant from the amount awarded to the plaintiff