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If the subject matter of an offer is destroyed, the offer _______.


A) Immediately terminates
B) Is extended for seven days
C) Is extended for fourteen days
D) Is extended for twenty-one days
E) Is extended for thirty days

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

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Once an offer is made, an offeror has no right to terminate it before receiving a reply.

A) True
B) False

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


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

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

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Constance asks Kathy if Kathy would consider selling her car for $2,000. What is the status of the negotiation?


A) No offer has been made.
B) An offer has been made, but it may be revoked prior to acceptance.
C) An offer has been made that may not be revoked prior to acceptance.
D) A contract has been entered into.
E) A contract has been entered into, but it may be set aside at the option of either party.

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

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Gretchen offers $100 to anyone who can return her lost dog, Sparky. Haley returns the dog and requests the money. Gretchen says that there is no binding contract. Which of the following is true regarding Gretchen's statement?


A) Gretchen is incorrect because there is a binding bilateral contract.
B) Gretchen is incorrect because there is a binding unilateral contract which Haley accepted by performing.
C) Gretchen is correct because there is no binding bilateral contract.
D) Gretchen is correct because there is no binding unilateral contract.
E) Gretchen is correct because Haley acted incorrectly by her manner of attempted acceptance.

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

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Which of the following is true regarding the Uniform Commercial Code?


A) It does not affect the making of an agreement and only applies after an agreement is formed.
B) It applies only in situations not addressed at all by the common law.
C) It applies only to clarify common law in situations in which the common law is unclear.
D) It applies in all situations involving agreements.
E) Some elements of a contract under the common law have been modified under the UCC for contracts for the sale of goods.

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

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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) C) and E)
G) B) and E)

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

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Which of the following is presumed to be a reasonable amount of time when considering whether an offer has expired?


A) Forty-eight hours.
B) Seven days.
C) Ten days.
D) Forty-five days.
E) There is no set amount of time, and what constitutes a reasonable amount of time varies depending upon the subject matter of the offer.

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

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Which of the following is true regarding the Uniform Electronic Transactions Act?


A) It eliminates all effects of the mailbox rule.
B) It provides that offers may not be accepted electronically but otherwise retains aspects of the mailbox rule.
C) It provides that acceptances may not be made electronically but otherwise retains aspects of the mailbox rule.
D) It seems to create an electronic version of the mailbox rule.
E) It delays the effect of the mailbox rule by 8 hours.

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

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Which of the following is generally true if no means of communicating an acceptance is specified in an offer?


A) The acceptance must be in writing.
B) The acceptance must be made verbally either by telephone or in person.
C) No valid contract may be entered into because the offer must specify a means by which to accept.
D) Acceptance may be made by any reasonable means.
E) Acceptance must be made orally or in writing within twenty-four hours.

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

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Inez, wishing to sell a used business law book, calls Janice and tells her that if she does not hear from her within twenty-four hours, she will assume that Janice wishes to purchase the book for $50. Which of the following is correct regarding the status of the proposed book sale?


A) There is no contract because in this situation silence cannot be used to form a contract.
B) There can be no contract because the offer was not made in person.
C) There can be no contract because the offer was not made in writing.
D) Janice can avoid there being a contract only if she can prove by preponderance of the evidence that she did not hear about the offer before the stated expiration time.
E) Janice can avoid there being a contract only if she can prove beyond a reasonable doubt that she did not hear about the offer before the stated expiration time.

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

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An "instructed authorization" occurs if the means by which an acceptance can be communicated to the offeror is expressly stated in the offer.

A) True
B) False

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Danny overhears Frank's offer to sell Greg a boat for $1,000. Greg declines the offer, but Danny immediately says "I accept." Frank does not want to sell the boat to Danny because he is afraid that Danny will not immediately pay him. Also, he thinks Danny is a complainer and will find something to complain about regarding the sale. Is Frank obligated to sell the boat to Danny, and why or why not? Also, discuss what you believe the ethical rule should be on this issue.

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No, Frank is not required to sell the bo...

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If nothing is stated to the contrary in the terms of an auction, an auction is presumed to be ______.


A) Without controls
B) With controls
C) Without reserve
D) With reserve
E) Without qualifications

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

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If an acceptance is received after a rejection is received, the acceptance is still valid.

A) True
B) False

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

A) True
B) False

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"Saturday Auction." Barry, an auctioneer, held an auction on a Saturday morning. At the beginning of the auction, Barry announced that the auction was being held without reserve. Helen, Mary, and Chris were all in attendance. Helen saw an old cash register with a stuck drawer that she thought would look great in her den. The auctioneer put the cash register up for sale noting that the drawer was stuck but that it could probably be fixed with little effort. Helen bought it for $20. When she got it home, she discovered that it actually contained $5,000. Unfortunately, Helen had a teenage son named Tad who started bragging to his friends about the family's good fortune. Barry heard about what had happened and sued Helen for return of the $5,000. At the same auction, Mary saw a great deal on a used table. She bid $20 on it. No one else bid anything. Barry announced that $20 was clearly insufficient for the table, that it was worth much more than that, and that he was taking it out of the auction. Chris started bidding on a diamond ring for his girlfriend. He bid $2,000. Just as Barry was getting ready to say "Sold," Chris looked over at his girlfriend, decided that he was not sure about marriage, and leaped up yelling "I revoke." Barry, however, immediately after, yelled "Sold." Barry sues Chris attempting to obtain the money for the engagement ring. Barry also sues Helen seeking to recover the $5,000 contained in the stuck drawer. Mary sues Barry attempting to obtain possession of the table. -What is the likely result in the lawsuit brought by Mary against Barry for the table?


A) Barry will win because Mary was simply making an offer that he was free to decline.
B) Barry will win because the price was clearly insufficient for the table.
C) Barry will win because no acceptance occurred.
D) Mary will win because the auction was without reserve, and Barry had agreed to accept the highest bid.
E) Barry will win because he did not inform attendees in writing that the auction was without reserve.

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

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"Used Car Sales." Walter sells used cars. He is seeking a way to increase sales and profits because he would like to take his girlfriend on a nice diving trip to the Grand Cayman Islands. The first thing that Walter does is say that during the first week of December, he will give a $500 rebate on used cars that are under two years old. To spice things up, he also offers to sell any car on the lot that is over five years old for $1,000 to the first three customers who can hula hoop ten hours straight on December 7th. (Hula hooping was a practice popular some years ago in which a large hoop would be swung around by a person, usually around the waist.) Walter was not very concerned about the hula hooping issue because he thought that no one would be able to hula hoop for ten hours straight. Walter put an advertisement pertaining to the rebate and the hula hoop opportunity in the local newspaper. The promotion went over very well. Although Walter had several cars available, he ran out of cars under two years old within one day. During the rest of the week shoppers were told that no cars of that description were available. Sam was very angry at Walter for not having a car available that was under two years old so that he could get a good deal and a $500 rebate. On December 7th, while Walter was watching the hula hoopers, Sally was shopping for a car. She was in college and did not have much money. She saw one, an older car, a real clunker, that she liked; but she really did not know if it could be repaired sufficiently to be dependable. Walter had not even put a price on it because he planned to have it crushed. Sally was going to talk to her parents about it. Walter eventually approached her, and Sally asked him if he would take $450 for the car. Walter said, "Yes, sold." Sally tried to explain that she needed to talk to her parents first, but Walter would not hear of it. While Walter was still fuming from his encounter with Sally, Zack walked up and started to criticize the nature of Walter's inventory. Walter told him that he had great cars. Zack pointed at an old jalopy that was banged up, had 200,000 miles on it, and a cracked windshield. Zack said, "Sure, I'll pay $100,000 for that car!" Walter said, "Sold." Zack said, "Wait a minute. I was only kidding." Walter said, "No way." Meanwhile all the hula hoopers dropped out well prior to ten hours of hula hooping except for Barbara. She completed the hula hooping and asked for her car for $1,000. Walter refused saying that the offer was revoked. Sam and Barbara sued Walter, and Walter sued Zack and Sally. Under the applicable law in Walter's state, common law will be applied, and there are no state statutes impacting the situation. -What is the most likely result in the lawsuit brought by Barbara against Walter?


A) Walter will win because he was only engaged in preliminary negotiations.
B) Walter will win because the advertisement was simply inviting customers, such as Barbara, to make an offer.
C) Walter will win because he properly revoked the offer.
D) Barbara will win because the ad would be treated as an offer that she properly accepted.
E) Barbara will win because she properly made an offer that was accepted by Walter when she did the hula hooping.

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

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Which of the following is false regarding how the Japanese tend to view contracts?


A) The Japanese tend to view contracts as ongoing relationships.
B) The Japanese tend to view contracts as relationships in which parties work with each other to smooth out any problems that arise in performance.
C) The Japanese tend to be suspicious of long, detailed contracts.
D) The Japanese have a preference for flexible contracts.
E) The Japanese do not desire that any terms be left to be decided later.

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

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