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Question 1

If an offeror dies, what happens to the power of acceptance?

Answer 1

It is terminated

Question 2

If something that is central to a contract is destroyed, what happens to the power of acceptance?

Answer 2

It is terminated

Question 3

What are the different views about death’s relationship to acceptance of an offer?

Answer 3

• majority: terminated even if offeree doesn’t know about the death
• minority: if offeree doesn’t know, offer not terminated

Question 4

How does insanity affect acceptance of an offer?

Answer 4

It terminates an offer regardless of whether the offeree knows

Question 5

How does mental illness affect acceptance of an offer?

Answer 5

It terminates the offer if the offeree is or ought to be aware of it. Slightly different than insanity

Question 6

What are the two different approaches/theories to an acceptance that includes a new or different term?

Answer 6

• mirror image rule

- last shot rule

Question 7

What is the CL mirror image rule?

Answer 7

Acceptance must be the mirror image of the offer, and if it differs in any way, it is a counteroffer

Question 8

What does the UCC say about mirror image rule?

Answer 8

A definite and seasonable acceptance is fine even if it states extra or different terms

Question 9

What is the situation that a last shot rule would come up in?

Answer 9

When parties exchange preprinted forms and some of the fine print differs

Question 10

What is the common law approach to the last shot rule?

Answer 10

No contract at the time of shipping because the two forms are different, so no obligation to ship.

If seller does ship, he has done so according to the last form sent, and buyer has no obligation to accept, but if he does, he has accepted the last form sent

Question 11

According to the last shot rule, the last form sent is considered what?

Answer 11

A conditional acceptance and a counteroffer (so shipment and acceptance are an acceptance of the counteroffer)

Question 12

If you send someone an order for 10 chairs, and he sends back a sales order with printed terms that differ, but he ships and you accept, what is the result under the mirror image rule, and also under the last shot rule?

Answer 12

• mirror image rule: no contract

- last shot rule: seller shipped goods according to the terms of the shipping order, and you accepted

Question 13

What are two exceptions to a qualified acceptance?

Answer 13

• acceptance plus request

- grumbling acceptance

Question 14

What is grumbling acceptance?

Answer 14

Acceptance plus expression of dissatisfaction

Question 15

If you send goods but you say that you wish you could’ve gotten a better price, what do you call that?

Answer 15

Grumbling assent

Question 16

If performance has begun on a unilateral contract, and the offeror dies, what effect does that have?

Answer 16

No effect because beginning performance makes the offer irrevocable