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5 Written questions

5 Matching questions

  1. Last shot doctrine
  2. Definite expression of acceptance
  3. Mirror Images
  4. Acknowledgement form
  5. restitution remedies
  1. 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.
  2. b 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
  3. c the seller's acceptance form
  4. d means that the offeree must accept the offer without change.
  5. e common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance

5 Multiple choice questions

  1. occurs when a court no longer considers the person a minors through the persons chronological age would fall within the definition of a minor
  2. is the buyers offer form
  3. an assertion that is not in accord with the facts
  4. involves the very character of the proposed contract
  5. the performance of the accord contract. Once the accord contract has been performed, the original contractual duties are terminated.

5 True/False questions

  1. Method for acceptenceThe 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

          

  2. Seasonable expression of acceptancewhen 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

          

  3. 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

          

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

          

  5. modificationunder 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