Chapter 11 Flashcards
Under the UCC, acceptances do not have to be identical to the terms of the offer.
true or false
true
Only an offeree can accept an offer.
true or false
true
Generally speaking, which of the following controls the terms of the offer?
Multiple Choice
Beneficiary
Offeror
Independent contractor
Offeree
Offeror
A promise exchanged for an act is a(n):
Multiple Choice
Bilateral contract
Unilateral contract
Implied contract
Express contract
Unilateral contract
A seller may not accept an offer by shipping the goods.
true or false
False
Any attempt by the offeree to materially alter the terms of the offeror’s offer results in a(n):
Multiple Choice
Counteroffer
Acceptance
Bilateral contract
Rejection
Counteroffer
Which of the following is true of the Uniform Commercial Code (UCC) regarding acceptance by shipment?
Multiple Choice
It says that a seller who ships “nonconforming goods” has accepted the contract if the seller reasonably notifies the buyer that such a shipment is intended as an “accommodation” to the buyer.
It says that a seller who ships “nonconforming goods” has failed to breach a contract.
It specifically says that an order requesting “current” shipment of goods impliedly refuses acceptance.
It forces the seller to give the buyer timely notice of his inability to fill an order.
It forces the seller to give the buyer timely notice of his inability to fill an order.
According to the Uniform Commercial Code (UCC), if one or both parties are nonmerchants, additional terms proposed by the offeree automatically become part of the agreement unless the offer expressly limited acceptance to its own terms.
true or false
false
Silence can create valid acceptance.
true or false
true
The offeree may stipulate in the offer the time, place, or method of communicating acceptance.
true or false
false
The Uniform Commercial Code exception to the mirror image rule is:
Multiple Choice
Promissory Estoppel
Statute of Frauds
Battle of the Forms
Parol Evidence Rule
Battle of the Forms
The Uniform Commercial Code (UCC) has created an exception to the __________ in cases where contracts for the sale of goods are made by exchanging forms.
Multiple Choice
mirror image rule
statute of frauds
parol evidence rule
substantial performance doctrine
mirror image rule
Paul sends Kristy an order for 200 china plates for his restaurant. Since her supplier is late and her stock is low, Kristy sends Paul 100 china plates and 100 china bowls with no explanation. Which of the following is true regarding the status of the parties?
Multiple Choice
Kristy has both accepted and breached the contract, and the shipment is considered a counteroffer.
Paul must accept the shipment, but Kristy must give him a discount.
Paul must accept the shipment, but he may sue in order to recover the remaining goods due under the contract.
Paul must accept the shipment and has no rights to sue Kristy because the deficiency was unavoidable.
Kristy has both accepted and breached the contract, and the shipment is considered a counteroffer.
Laura offered to sell Louis a tract of land. The offer was complete and certain as to all material terms. The offer stated that a telegraphed acceptance was required. Within a reasonable time, Louis telephoned Laura to accept. Which of the following is a true statement about this situation?
Multiple Choice
Louis has accepted because a telephone call is a reasonable means of acceptance.
Louis can use promissory estoppel to enforce a contract here.
Louis’s telephone call would be a good acceptance as this case involves a sale of goods.
Louis has not accepted and there is no contract.
Louis has not accepted and there is no contract.
Like an offer, acceptance is subjectively determined.
true or false
false
