Exam 14: Agreement

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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.

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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.

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A) Regardless of how long an offeror states that an offer will be held open, once the offeree rejects it, the offer is terminated.
B) Even on rejection, an offer is not terminated until the expiration of the time period for which it was originally to remain open.
C) An offer must remain open for at least two days before it is terminated following a rejection by an offeree.
D) An offer must remain open for at least three days before it is terminated following a rejection by an offeree.
E) An offer must remain open for at least one day before it is terminated following a rejection by an offeree.

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

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A) Barry will win because when an auction is held without reserve, the auctioneer is entitled to repossess any item at will.
B) Barry will lose only because he was not the actual seller. He was only selling at auction for someone else. The seller, however, would win in an action against Helen.
C) Barry would win because Helen made an insufficient offer.
D) Helen will win only if she can show that Barry had knowledge that cash was in the drawer before he sold it.
E) Helen will win because the auction was without reserve, and she properly bid on and bought the cash register with everyone knowing that the cash drawer was stuck.

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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

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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.

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A) Most states have passed laws providing that unsolicited merchandise does not have to be returned and the recipient may keep it as a gift, with no contract being formed.
B) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 7 days.
C) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 10 days.
D) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 30 days.
E) Most states have passed laws providing that unsolicited merchandise must be returned to the seller within 60 days.

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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

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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.

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A) The plaintiff won because the city had validly offered him a job and had no right to revoke it.
B) The plaintiff won because, while there was no contract, the court ruled that the city was not allowed to mislead him on equitable grounds and also on grounds of unlawful discrimination.
C) The defendant won because it had truly received a bad reference.
D) The defendant won because the plaintiff had not specifically accepted the job.
E) The defendant won because the purported job offer contained insufficient information to be considered reasonably certain in regard to its terms.

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In an auction held with reserve,the sell...

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A) That the plaintiffs accepted the reward offers by performance when they provided information to law enforcement and were, therefore, entitled to recover.
B) That the plaintiffs were entitled to prevail because by law they were required to contact law enforcement, not the defendants.
C) That defendants did not receive acceptance of the reward offer and that, therefore, no contract was formed.
D) That defendants revoked the reward offer before it was accepted and that, therefore, no contract was formed.
E) That reward offers cannot constitute offers and that, therefore, no contract was formed.

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A) Donna rejected Charles' offer by making a counteroffer.
B) Donna did not reject Charles' offer because she merely made an inquiry.
C) Donna cannot accept Charles' offer because he already sold the personal watercraft, and that terminated the offer to her.
D) Donna cannot accept Charles' offer because it was revoked when he sold the hot tub to Everett.
E) Donna cannot accept Charles' offer because she did not do so in her initial conversation with Charles.

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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.

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A) The offer immediately terminates.
B) There is no effect as long as the offer was made at least one day before the subject matter of the offer became illegal.
C) There is no effect as long as the offer was made at least ten days before the subject matter of the offer became illegal.
D) There is no effect as long as the offer was made at least fifteen days before the subject matter of the offer became illegal.
E) There is no effect as long as the offer was made at least thirty days before the subject matter of the offer became illegal.

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A) Sam will win because Walter was required to have sufficient cars on hand for anyone who requested one.
B) Sam will win because a rebate was involved.
C) Sam will win because Walter should have run another ad revoking the offer.
D) Sam will lose because he did not properly accept the offer.
E) Sam will lose because a court would interpret the intent of Walter as being to invite readers to make an offer that Walter was free to reject.

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