Mod 26 Wrong Answers Flashcards Preview

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Flashcards in Mod 26 Wrong Answers Deck (25)
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0
Q

If offer is accepted prior to offeror’s death…

A

A valid contract is formed

1
Q

An offer automatically terminates upon the occurrence of any of the following events 3

A

1 death or insanity of offeror or offeree

2 bankruptcy or insolvency of offeror or offeree

3 destruction of specific identified subject matter

2
Q

It doesn’t matter if offeree hears about offeror’s death…

A

The offer would terminate

3
Q

Unilateral offer exists when the offeror expects…

A

Acceptance of an offer by action of the oferee

4
Q

A unilateral offer exists when the offeror expects acceptance of an offer by action of the offeree. A unilateral contract is then formed when the…

A

Offeree accepts the contract through performance of the offeror’s required action

5
Q

A minor may disaffirm a contract at any time…

A

During minority and within a reasonable time after reaching age
Of majority

6
Q

A minor can only ratify a contract after…

A

Reaching the age of majority

7
Q

Ratification of a contract prior to reaching majority age is…

A

Not effective

8
Q

Failure to disaffirm within a reasonable time after reaching majority age…

A

Does act as ratification

9
Q

Ratification

A

To make contract official

10
Q

The parol evidence rule provides that any written agreement intended by parties to be final and complete contract may…

A

May not be contradicted by previous or contemporaneous

Evidence, written or oral

11
Q

Previous written agreements to a final contract are…

A

Prohibited by the parol evidence rule

12
Q

Exceptions to the parol evidence rule include:

Proof to…

A

Invalidate the contract between the parties

13
Q

Exceptions to the parol evidence rule include:

To show terms…

A

Terms not inconsistent with writing that parties would not be
Expected to have included

14
Q

Exceptions to the parol evidence rule include:

To explain the…

A

Intended meaning of an ambiguity

15
Q

Exceptions to the parol evidence rule include:

Or to show a…

A

Condition precedent

16
Q

The parol evidence rule does not apply to…

A

Subsequent transactions such as oral promises made after the
original agreement

17
Q

The parol evidence rule does not bat the admission of evidence which is…

A

Presented to establish fraud

18
Q

Discharge of a contract an come about through agreement. 2

A

1 accord and satisfaction

2 Novation

19
Q

Accord and satisfaction involves an…define accord define satisfaction

A

Agreed substitute for performance under contract (accord)

And the actual performance of that substitute (satisfaction)

20
Q

Novation

A

Agreement entered into by 3 parties whereby previous agreement
Is discharged by creation of new agreement (Novation)

21
Q

Discharge of a contract an come about through release of the…

A

Contract or parties from performance

22
Q

Another method of discharging a contract is by…

A

Performance of specified action becoming impossible

23
Q

Another method of discharging a contract is by performance of a specified action becoming impossible, such as…2

A

1 destruction of subject matter or

2 death of party where personal service is necessary

24
Q

Breach of contract discharges the…

A

Injured party

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