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96 questions
What is required to form a legally binding contract?
Offer, Acceptance, Consideration, Intention, Certainty.
Duty, Breach, Causation, Damages
Offer, Acceptance, Collateral, Sufficiency.
Invitation to treat, Offer, Counter Offer, Acceptance.
What is the definition of an offer?
An expression of willingness to negotiate.
A declaration that one party will contract with another.
Expression of willingness to contract with the party to whom it is addressed, as soon as the latter accepts its terms.
An invitation for other parties to consider whether they are able to purchase the goods/services.
What is the definition of an invitation to treat?
Select all options that apply!
An invitation to another party to negotiate.
An indication of one party's willingness to enter into a contract with the party to whom its addressed as soon as the latter accepts its terms.
It is not an offer, it falls short of being an offer.
An invitation to the other party to make an offer.
Which of the following cases illustrate an invitation to treat?
Select all that apply!
Carlil v Carbolic Smokeball Company [1892] EWCA Civ 1.
Fisher v Bell [1961] 1 QB 394.
Partridge v Crittenden [1968] 2 All ER 421 (QB).
Donoghue v Stevenson [1932] UKHL 100.
Grainger & Son v Gough (Surveyor of Taxes) [1896] AC 325 HL.
Which of the following describes a revocation or termination of an offer?
Rejection
Failure to satisfy or perform conditions.
Counter offer or rejection of the offer.
The offer may be terminated by passage of time or death of the offeree/offeror
All of the above are correct.
What is a counter offer?
A further offer made by the original offeror.
Where a party seeks to introduce a secondary or ancillary agreement to the original contract.
Where a party seeks to change or vary terms of the original offer or seeks to introduce a new term(s).
A rejection and withdrawal of the original offer.
What is the general rule of the postal acceptance rule?
The offer will be accepted once the letter is received by the offeror.
When the seal of the letter is broken by the offeror.
When the letter is posted by the offeree.
When the offeree gets notification from the Royal Mail or Courier that his letter has been received.
True or false:
The postal rule applies to modern, instantaneous forms of communication.
True
False
Which of the following is not a required element of a contract.
Mutual Assent
Offer and Acceptance
Consideration
Cash Value Exchange
Person's ability to satisfy the elements required for someone to enter binding contracts
Consideration
Mutual Assent
Capacity
Offer and Acceptance
A contract between two parties for illegal activities is not valid.
True
False
A minor has the capacity to contract when...
Always
Only valid on contracts valuing over $1 Million
For necessities like food, clothing, and lodging
It depends on the state you live in
Which of the following is a contract?
Betty offers to give a book to Lou. Lou accepts.
Betty offers Lou the book in exchange for Lou’s promise to pay twenty-five dollars. Lou accepts.
Betty offers to give Lou the book if Lou promises to pick it up at Betty’s house. Lou agrees.
None of the above
Consideration is...
a set of mutual promises in which each party agrees to give up something to the benefit of the other.
The amount of time one has to accept an offer.
The 5 minutes following an offer that must elapse before an acceptance can take place.
The element of a contract that says the value of what each party is giving up must be equal.
Offering a reward to anyone who can return your lost pet is an example of a...
Bilateral contract
Unilateral Contract
Which of the following is the most common/ acceptable reason to discharge a contract.
Performance
Fraud
Breach
Agreement
Which of the following is a remedy to a breached contract?
Money Damages
Restitution
Specific Performance
All of the above
The right to withdraw an offer before it is accepted is
revocation
a counteroffer
termination
consideration
Generally defined ______________ are agreements between two or more parties that create obligations.
offers
contracts
treaties
agendas
What is required to form a legally binding contract?
Offer, Acceptance, Consideration, Intention, Certainty.
Duty, Breach, Causation, Damages
Offer, Acceptance, Collateral, Sufficiency.
Invitation to treat, Offer, Counter Offer, Acceptance.
What is the definition of an offer?
An expression of willingness to negotiate.
A declaration that one party will contract with another.
Expression of willingness to contract with the party to whom it is addressed, as soon as the latter accepts its terms.
An invitation for other parties to consider whether they are able to purchase the goods/services.
What is the definition of an invitation to treat?
Select all options that apply!
An invitation to another party to negotiate.
An indication of one party's willingness to enter into a contract with the party to whom its addressed as soon as the latter accepts its terms.
It is not an offer, it falls short of being an offer.
An invitation to the other party to make an offer.
Which of the following describes a revocation or termination of an offer?
Rejection
Failure to satisfy or perform conditions.
Counter offer or rejection of the offer.
The offer may be terminated by passage of time or death of the offeree/offeror
All of the above are correct.
What is a counter offer?
A further offer made by the original offeror.
Where a party seeks to introduce a secondary or ancillary agreement to the original contract.
Where a party seeks to change or vary terms of the original offer or seeks to introduce a new term(s).
A rejection and withdrawal of the original offer.
What is the general rule of the postal acceptance rule?
The offer will be accepted once the letter is received by the offeror.
When the seal of the letter is broken by the offeror.
When the letter is posted by the offeree.
When the offeree gets notification from the Royal Mail or Courier that his letter has been received.
True or false:
The postal rule applies to modern, instantaneous forms of communication.
True
False
A agrees to buy a certain horse from B. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void.
True
False
A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B’s willingness to proceed with the contract. A is not bound to inform B.
True
False
A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B’s willingness to proceed with the contract. A is not bound to inform B.
True
False
A false opinion may also be considered as a misrepresentation actionable by law.
True
False
A Vitiating factor is a factor that can affect the validity of a contract.
True
False
Which of the following is NOT a Mistake?
Common
Mutual
Unilateral
Fraudulent
When there is a presence of the vitiating factor of 'Mistake' in a contract, this contract is ____________.
Void
Voidable
When one party makes a mistake, which the other person knows of or must be taken to know of is considered a _______________.
Common
Mutual
Unilateral
A customer goes to the sample room of an interior decorator to select a carpet and asks the clerk to show him a navy carpet, which he purchases. The sales slip notes that the carpet purchased is navy. When, upon examining the carpet in daylight, the customer discovers that it is black, not navy as he thought when he bought it, a _______________ mistake would have occurred,
Mutual
Common
Unilateral
Misrepresentation may make a contract ____________________.
Void
Voidable
A seller unknowingly offering defective merchandise to a customer.
Fradululent Misrepresentation
Negligent Misrepresentation
Innocent Misrepresentation
When Illegitimate pressure is placed on a party which causes them to enter into a contract
Duress
Undue Influence
Illegality
Mistake
Misrepresentation
If a contract is void , it cannot be enforced by either of the parties.
True
False
If a contract is rendered voidable, it can be cancelled although it is a valid contract.
True
False
These vitiating factors make a contract void.
Duress
Misrepresentation
Illegality
Undue Influence
Mistake
A counteroffer terminates an original offer.
True
False
if Jones accepts the $10,000.00 price, but adds a term by stating that new tires must be put on the car, this is a conditional acceptance and therefore a/an ________________.
offer
counter offer
revocation
rejection
A ___________________ is an offeree’s communication that an offer is unacceptable.
offer
revocation
rejection
counter offer
If the offer does not specify a time, it will terminate after a reasonable period of time has passed.
True
False
Select ALL that apply. A contract can be terminated by ___________________.
revocation
rejection
breach
impossibility of performance
rescission
Performance by both parties in a contract does NOT terminate a contract.
True
False
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