O & A

Question 1

Elements of a breach of contract

Answer 1

A contract
A breach of contract
Non breaching party has the burden of proving each I these elements

Question 2

Initial elements of a contract

Answer 2

Manifestation of mutual assent
Consideration
Reasonably certain terms

Question 3

Manifestation of mutual assent ordinarily takes the form of

Answer 3

Offer

Acceptance

Question 4

Official elements of a contract are

Answer 4

Offer
Acceptance
Consideration
Reasonably certain terms

Question 5

Oral contract is enforceable as

Answer 5

A written contract

Question 6

An offer is

Answer 6

A promise or set of promises
Conditioned on acceptance by the promisee
That is communicated or delivered to the offeree

Question 7

A promisor manifests an intention if he believes or have reason to believe that

Answer 7

The promisee will infer that intention from his words or conduct

Question 8

An advertisement is considered a

Answer 8

Solicitation or

Invitation for an offer

Question 9

An advertisement lacks

Answer 9

A promise

Question 10

When considering if an advertisement includes a promise are

Answer 10

Language of commitment
Clear,definite and explicit
Nothing open for negotiation
Limitation on quantity

Question 11

A communication is NOT

Answer 11

A promise

Question 12

A communication IS

Answer 12

Preliminary negotiations

Question 13

Negotiations can be inferred when

Answer 13

There is no contract

If either party manifests an intention that the agreement will not be binding until expressed in a written document

Question 14

Exception to a negotiation

Answer 14

If the parties manifest an intention to have a binding agreement prior to completing the written document to memorialize the agreement

Question 15

Mere statement of an
Opinion
Prediction or
Intention

Answer 15

Is NOT a promise

Question 16

Elements of acceptance

Answer 16

Manifestation of assent
To the terms of the offer
Made in a manner invited or required by the offer
While the offeree still has the power of acceptance

Question 17

The offeror is

Answer 17

The master of the offer

Question 18

A bilateral contract means

Answer 18

To have an acceptance the offeror requires the offeree to give a return promise

Question 19

A unilateral contract means

Answer 19

The offeror requires full performance by the offeree to accept

Question 20

Acceptance of a unilateral contract is effective only on

Answer 20

Completion of the act specified in the offer

Question 21

Acceptance in a case of doubt may be by

Answer 21

Promising to perform or

Rendering the performance

Question 22

Silence is

Answer 22

not normally construed as a manifestation of assent to an offer

Question 23

When an offeree fails to reply to an offer his silence…

Answer 23

operates as an acceptance only

1. where an offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation
2. where the offeror has stated or given the offeree reason to understand that assent may be manifested by silence or inaction and the offeree in remaining silent and inactive intends to accept the offer
3. where because of previous dealings or otherwise it is reasonable that the offeree should notify the offeror is he does not intend to accept
4. where an offeree does any act inconsistent with the offerors ownership of offered property and the terms of the offer are not manifestly unreasonable

Question 24

Recipient of unsolicited mailed merchandise

Answer 24

without pripor express request or consent the recipient has the priviledge to retain, use, discard, or dispose of it in any manner he or she sees fit without any obligation whatsoever to the sender

Question 25

Offeree engaging in acts necessary to accept an offer..

Answer 25

will be deemed to have manifested assent unless the offeree clearly manifested an intention to act solely for other purposes ie. acting under compulsion

Question 26

Except for BL 1-38 an offerees power of acceptance is terminated by

Answer 26

1. the offerees rejection or counteroffer 2. lapse of time 3. offerors revocation 4. offerees or offerors death or legal incapacity 5. the non-occurrance of any condition of acceptance under the offers terms

Question 27

Revocation is

Answer 27

when the offerees power of acceptance is terminated when 1. the offeree receives from the offeror a manifestation of intention not to enter into the proposed agreement (direct revocation) 2. the offeror takes definite action inconsistent with an intention to enter into the proposed agreement and the offeree acquires reliable information to that effect from someone other than the offeror (indirect revocation)

Question 28

An Offeror can revoke an offer when

Answer 28

any time prior to acceptance and a promise to keep an offer open is unenforceable unless there is a basis for making such a promise enforceable

Question 29

A Promise not to Revoke an offer for a stated period of time is

Answer 29

enforceable if the promise was given in exchange for consideration