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Exam 9: Offer and Acceptance

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Question 21

True/False

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The mailbox rule states that acceptance takes effect at the time the communication is sent via the mode authorized by the offeror.

A) True
B) False

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Question 22

True/False

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Courts normally have enforced the terms of click-on agreements in the same way as terms of other contracts.

A) True
B) False

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Question 23

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A n expression of a willingness to discuss the possibility of entering into a contract is not an offer.

Brie buys a subscription to music provided by Concerto, an online streaming service. Before gaining access, Brie must agree to a provision stating that she will not make and sell copies of the music. This provision is

Before the UETA applies, each party to a transaction must agree to conduct it by electronic means.

Corner Store posts on its website an offer of a reward for information leading to the apprehension of a certain criminal. This offer could normally be terminated by

In general, advertisements are considered evidence of an intention to enter into a contract.

Anton tells Brooke, who has no knowledge of Shakespearean comedy, that he will tutor her in the subject for $50. As an offer, this is

Rafi offers to sell his sailboat, Sea Siren , to Tara for $50,000. Referring to the prices for similar vessels, Tara says, "I'll pay no more than $40,000." Rafi's offer is

Beth goes to Dr. Carl for surgery. Carl says that Beth should be healed within a week. Beth is not healed within a week. With respect to breach of contract, Carl is

An offer made in anger or undue excitement is still an effective offer.

Big Celebrations Inc. (BCI) sells fireworks, sparklers, party favors, and other entertainment items. BCI offers to sell a thousand pounds of XYZ fireworks to Andrew for $1,200 and specifies that the offer must be accepted by U.S. mail. Before Andrew can reply, Andrew's state enacts a law banning the sale of fireworks. Meanwhile, Beth learns from Andrew about BCI's offer to Andrew and sends a letter to BCI by U.S. mail stating, "I accept your offer for the sale of XYZ fireworks for $1,200." In Beth's state fireworks are legal. Is BCI's offer to Andrew still valid? Does BCI have a contract with Beth? Why or why not? Explain.

The one element necessary for an offer to be effective is a price based on market value.

The offeror's intention to become bound by the offer must be subjectively clear.

Simply inquiring about an offer constitutes rejection.

Fuel Refining Inc. offers Gina a job as a technician. N o time for acceptance is specified in the offer. The offer will terminate

Coffee Beans Inc. offers to buy Brewing Company's roasting services for $10,000. Brewing responds that the price is too low and states that its roasting services cannot be provided for less than $15,000. In this case, the offer is

Owen decides to sell his ranch, Pine Ridge, in a live auction. When the auctioneer puts the property up for bids, it will be

Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. The UETA applies, if at all, only to those transactions in which the parties agree to use

An offer cannot be terminated by action of the parties.