A) The acceptance must be made verbally either by telephone or in person.
B) No valid contract may be entered into because the offer must specify a means by which to accept.
C) Acceptance must be made orally or in writing within twenty-four hours.
D) Acceptance may be made by any reasonable means.
E) The acceptance must be in writing.
G) A) and B)
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A) A joke is never treated as a serious offer.
B) A joke is always treated as serious offer,unless the person specifically states: "I'm joking."
C) Even if an offer is clearly a joke,the words are treated as an offer.
D) The court will look to a person's secret or hidden intent to attempt to discern if a joke was an offer or not.
E) A joke is treated as a serious offer if the outward manifestation of intent would lead a reasonable person to believe it was intended as a serious offer.
G) C) and D)
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A) Faxes are effective upon dispatch.
B) Faxes are effective upon receipt.
C) Faxes are effective as determined by the mailbox rule.
D) Faxes are effective only if the contract expressly states they are effective upon receipt.
E) Faxes are not a valid form of acceptance.
G) B) and E)
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A) A contract that is created when a party's intent to enter into a contract is unclear but the other party relies on a belief that promises have been made.
B) A contract created when one party makes an offer that can be accepted only by performance.
C) A contract created when an offeror provides a benefit to an offeree in a unilateral contract.
D) A contract that is created by a mutual exchange of promises.
E) A contract created when an offeree receives and accepts in silence the benefits of an offered service with reasonable opportunity for rejection and with an understanding some form of compensation will be required.
G) A) and E)
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A) By either verbal acceptance or a signed writing.
B) By signed writing only.
C) By performance only.
D) By performance,by a verbal acceptance,or by a signed writing.
E) By making a counteroffer or by a signed writing.
G) B) and C)
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A) The basic requirements for a valid acceptance are materially different from those for a valid offer.
B) The basic requirements for a valid acceptance are different from those for a valid offer only because an offer must be revoked immediately but acceptance can be withheld for a reasonable period of time.
C) The basic requirements for a valid acceptance are different from those for a valid offer only because an offer must be in writing.
D) The basic requirements for a valid acceptance parallel those for a valid offer.
E) The basic requirements for a valid acceptance are different from those for a valid offer only because an acceptance must be in writing.
G) B) and D)
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A) Randy will lose only because he was not the actual seller.He was only selling at auction for someone else.The seller,however,would win in an action against Erin.
B) Erin will win only if she can show that Randy had knowledge that cash was in the drawer before he sold it.
C) Randy will win because when an auction is held without reserve,the auctioneer is entitled to repossess any item at will.
D) Randy would win because Erin made an insufficient offer.
E) Erin will win because the auction was without reserve,and she properly bid on and bought the cash register with everyone knowing that the cash drawer was stuck.
G) C) and D)
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A) Josh will win because Edwin should have run another ad revoking the offer.
B) Josh will lose because a court would interpret the intent of Edwin as being to invite readers to make an offer that Edwin was free to reject.
C) Josh will lose because he did not properly accept the offer.
D) Josh will win because Edwin was required to have sufficient cars on hand for anyone who requested one.
E) Josh will win because a rebate was involved.
G) B) and E)
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A) No offer has been made.
B) A contract has been entered into.
C) A contract has been entered into,but it may be set aside at the option of either party.
D) An offer has been made that may not be revoked prior to acceptance.
E) An offer has been made,but it may be revoked prior to acceptance.
G) A) and E)
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A) Intent is determined based on the specific motivations of the offeror or offeree,including hidden motivations.
B) An offeror must show intent to be bound by the offeree's acceptance.
C) Intent is a required element of an offer or acceptance only if a contract is a contract for the sale of goods.
D) Intent Is not a required element of an offer or acceptance to form a contract.
E) Intent is assessed by considering proof of an offeree or offeror's internal thought process.
G) C) and E)
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B) False
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B) False
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A) The court ruled that the advertisement was an offer but that the customer who was suing had not properly accepted.
B) The court ruled that the advertisement was not an offer because it involved a luxury good.
C) The court ruled that the ad was not an offer because ads are never offers,only invitations for customers to make an offer.
D) The court ruled that the ad was an offer and that the plaintiff properly accepted it.
E) The court ruled that the advertisement was not an offer because it was a ridiculously low offer which the plaintiff should have known was not to be taken seriously.
G) B) and E)
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A) Most states have passed laws providing that unsolicited merchandise does not have to be returned and the recipient may keep it as a gift,with no contract being formed.
B) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 60 days.
C) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 30 days.
D) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 10 days.
E) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 7 days.
G) A) and B)
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A) The contract is not formed until the acceptance is received by the offeror.
B) Authorizing but not requiring a certain type of acceptance has no effect,and the mailbox rule applies.
C) There is a contract only if the acceptance is received by the time that acceptance through the authorized means would have been received.
D) There is no contract,and the attempted acceptance is of no effect.
E) The acceptance becomes a counteroffer that the original offeror may or may not accept.
G) None of the above
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A) Email the revocation.It becomes effective as soon as it has been emailed.
B) Deliver the revocation personally.
C) Publish notification of the revocation in the newspaper.
D) Ask the offeree if the offeree would sign off on the revocation of the offer.
E) Mail the revocation.It becomes effective as soon as it is mailed.
G) None of the above
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A) The plaintiff won because the city had validly offered him a job and had no right to revoke it.
B) The defendant won because the purported job offer contained insufficient information to be considered reasonably certain in regard to its terms.
C) The defendant won because it had truly received a bad reference.
D) The plaintiff won because,while there was no contract,the court ruled that the city was not allowed to mislead him on equitable grounds and also on grounds of unlawful discrimination.
E) The defendant won because the plaintiff had not specifically accepted the job.
G) C) and D)
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A) Rejection of the acceptance was unjustified because of the plaintiff's severe injuries.
B) Rejection of the acceptance was enforceable because the 10 days in which the other party had to accept had expired.
C) Rejection of the acceptance was enforceable because a trial had already been held.
D) Rejection of the acceptance was unjustified because allowing only 10 days for acceptance is unreasonable.
E) Rejection of the acceptance was unjustified because offers of compromise may not contain time limits.
G) B) and C)
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A) Maria will win because the auction was without reserve,and Randy had agreed to accept the highest bid.
B) Randy will win because he did not inform attendees in writing that the auction was without reserve.
C) Randy will win because Maria was simply making an offer that he was free to decline.
D) Randy will win because no acceptance occurred.
E) Randy will win because the price was clearly insufficient for the table.
G) C) and E)
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B) False
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