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The mirror-image rule says that terms of an acceptance can slightly be changed in order to benefit both parties.

A) True
B) False

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What is an implied-in-fact contract?


A) 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 that some form of compensation will be required.
B) A contract created when an offeror provides a benefit to an offeree in a unilateral contract.
C) A contract created when one party makes an offer that can be accepted only by performance.
D) 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.
E) A contract that is created by a mutual exchange of promises.

F) B) and D)
G) None of the above

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Thomas and Llywen are negotiating the sale of a piece of property at the local diner. This particular piece of property is a highly sought after piece of property. As the two are negotiating the price of the property, Dorothy, Llywen's friend who is sitting at a table with them accepts the offer. Is there a valid contract?

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No, the negotiations were only between T...

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When acceptance is examined under the common law, how do the basic requirements for a valid acceptance compare with those for a valid offer?


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 parallel those for a valid offer.
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 are different from those for a valid offer only because an acceptance must be in writing.
E) 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.

F) B) and C)
G) A) and E)

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Which of the following is true of online businesses and disclosures?


A) Online businesses always give full disclosure of terms about products before payment.
B) Online businesses commonly refrain from giving full disclosure of terms about a product until they receive a customer's payment information.
C) Online businesses are required to make full disclosures easily accessible to consumers before collecting payment information.
D) Online businesses generally make links to online disclosures very easy for consumers to find.
E) Online businesses never make disclosures to consumers about product terms.

F) A) and B)
G) A) and C)

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An advertisement in a paper states: "first come first served, two new BMX bikes, $150 apiece. Doors open at 10:00 a.m." Would the advertisement be treated as a valid offer?


A) No, because an advertisement is never treated as an offer.
B) Yes, because the advertisement specifies a limited quantity and provides a specific means by which the offer can be accepted.
C) Yes, because the advertisement is treated as an offer if the ad specifies a price that it is willing to sell a product for.
D) No, because the advertisement doesn't say "THIS IS AN OFFER."
E) Yes, because an advertisement placed in a newspaper is always treated as an offer.

F) A) and E)
G) A) and D)

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If an offeree makes a mistake and sends an acceptance to the wrong address, there is an acceptance upon dispatch.

A) True
B) False

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What was the result in the case nugget, Lefkowitz v. Great Minneapolis Surplus Store, Inc., involving an advertisement for the sale of fur coats?


A) The court ruled that the advertisement was not an offer because it involved a luxury good.
B) The court ruled that the advertisement was an offer but that the customer who was suing had not properly accepted.
C) 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.
D) The court ruled that the ad was not an offer because ads are never offers, only invitations for customers to make an offer.
E) The court ruled that the ad was an offer and that the plaintiff properly accepted it.

F) A) and B)
G) None of the above

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Which of the below rules allows that an acceptance is valid when it is placed in the mailbox?


A) The Acceptance Rule
B) The Contract Rule
C) The Reasonable Rule
D) The Mailbox Rule
E) The Contract Legality Rule

F) None of the above
G) B) and C)

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The terms that would allow a court to determine what the damages would be in the event that one of the parties breaches the contract, are the ________ terms of a contract.


A) Important
B) Significant
C) Material
D) Adequate
E) Identifiable

F) C) and D)
G) A) and B)

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Mary is selling her house for $100,000 and Felipe, who is expecting an inheritance soon, wants to have the option to buy it next month at that price. Felipe gives Mary a $1,000 deposit in exchange for Mary's promise that he can buy the house next month at $100,000 if he gets his inheritance. Mary and Felipe:


A) Do not have a contract because Felipe has not promised to buy.
B) Do not have a contract because Felipe does not have the money yet.
C) Have a standard sales contract.
D) Have an option contract.
E) Have an adhesion contract.

F) B) and E)
G) C) and D)

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Hermine left a very high paying job to join John's law firm based on John's promise to give her a job if she would come to his firm. John tells Hermine that he really did not want to give her the job and she should not have quit her job. If Hermine sues John, which doctrine may courts use to estop, or prevent, John from revoking his offer?


A) Promissory estoppel
B) Reliance on a promise rule
C) Contract essential rule
D) Ethical conduct rule
E) Doctrine of equitable treatment

F) A) and D)
G) B) and C)

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List the ways in which an offer can terminate.

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Termination of an offer can occur in one...

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Why is an invitation to negotiate not an offer?


A) An invitation to negotiate is an offer.
B) An invitation to negotiate is not an offer because it does not express any willingness to be bound by an acceptance.
C) An invitation to negotiate is not an offer because there is no way to determine the reasonable intent of the negotiating parties.
D) An invitation to negotiate is not an offer because the invitation does not apply to a specific offeree.
E) An invitation to negotiate is not an offer because an offer becomes an offer only when accepted.

F) A) and C)
G) A) and B)

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Mary accepts Joe's offer to buy 100 comic books. She sends her acceptance via fax. Mary and Joe live in a jurisdiction that applies the mailbox rule to faxes. When does her fax become effective?


A) Faxes are effective upon receipt.
B) Faxes are effective upon dispatch.
C) Faxes are effective as determined by the court's fact-based assessment of the particular case.
D) Faxes are not a valid form of acceptance.
E) Faxes are effective only if the contract expressly states they are effective upon receipt.

F) A) and C)
G) A) and D)

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Madison signs a contract with Rainbow Readers Book Club without reading it. The contract provides that new books will be sent to her eBook reader every month unless she sends notification rejecting the receipt of new books. Which of the following is true regarding whether the contract is binding?


A) The contract is not binding because it illegally attempts to enforce acceptance by silence.
B) The contract is binding but only if the parties have extensive previous dealings whereby acceptance by silence became an accepted form of business.
C) The contract is not binding unless Madison pays for at least one month's supply of books thereby indicating her intent to be bound.
D) The contract is not binding because transmittal using electronics is involved.
E) The contract is binding.

F) None of the above
G) A) and D)

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According to the Restatement, if no mode of communication is specified in the offer, then ________.


A) the offer is invalid
B) the acceptance is valid, but only if made within a month
C) the acceptance cannot be valid
D) any reasonable means of acceptance is valid
E) there must be a written acceptance of the offer to be valid

F) C) and D)
G) B) and D)

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Which of the following terms would be considered material terms?


A) Subject matter, but not price, quantity, quality or parties
B) Price and subject matter, but not quantity, quality or parties
C) Quantity, quality, and subject matter, but not price or parties
D) Subject matter, quality, and price, but not quantity or parties
E) Subject matter, price, parties, quality, and quantity

F) A) and C)
G) B) and D)

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The number of circumstances under which silence can be an acceptance are limited.

A) True
B) False

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If the offeror dies, the offer terminates after notice of the offeree's death or after 10 days, whichever comes first.

A) True
B) False

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