Cheeseman Chapter 10

A(n) ________ is a voluntary exchange of promises between two or more legally competent persons to do, or refrain from doing, an act.
A) offer
B) advertisement
C) agreement
D) proposal

C) agreement

What is the key difference between an agreement and a contract?
A) A contract is always enforceable in the court of law, while an acceptance may or may not be.
B) A contract can only be between two individuals, while an acceptance can have two or more people involved.
C) A contract required mutual assent from all parties, while an acceptance need only be accepted a majority of people involved.
D) A contract need not be legally binding, while an agreement must be legally binding.

A) A contract is always enforceable in the court of law, while an acceptance may or may not be.

Section 24 of the Restatement (Second) of Contracts defines a(n) ________ as the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
A) order
B) offer
C) advertisement
D) revocation

B) offer

The ________ theory of contracts states that the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties.
A) objective
B) relational
C) collateral
D) bargain

A) objective

A term in a contract that can reasonably be supplied by the courts is referred to as a(n) ________.
A) intent term
B) unconditional term
C) objective term
D) implied term

D) implied term

Which of the following statements is true of an offer that was not communicated? A) The offer stays valid for 30 days from the date of creation.
B) The offer cannot be accepted by the offeree if not communicated.
C) The offeree can claim an offer that was not communicated.
D) It is considered to be an implied term.

B) The offer cannot be accepted by the offeree if not communicated.

An invitation to make an offer or an actual offer is referred to as a(n) ________. A) proposal
B) reward
C) advertisement
D) bid

C) advertisement

Which of the following would be considered an offer to form a unilateral contract?
A) advertisement
B) auction without reserve
C) reward offer
D) auction with reserve

C) reward offer

Which one of the following would constitute a reward?
A) a person buying a car after seeing an ad about it
B) a person returning a lost item after seeing an ad about it
C) a seller accepting a bid for an item
D) a seller making an invitation for offers

B) a person returning a lost item after seeing an ad about it

Which of the following is true for legally claiming a reward?
A) A promise of completing the requested act is sufficient for a claimant to claim the reward.
B) Knowledge of the reward before completing the requested act is necessary to claim the reward.
C) The claimant can claim the reward even if he or she came to know of the reward subsequent to completing the act.
D) The offeror cannot withdraw the reward once the offer has been placed in the public domain

B) Knowledge of the reward before completing the requested act is necessary to claim the reward.

In which of the following types of offers does the seller offer the goods for sale? A) revocation
B) reward
C) auction with reserve
D) auction without reserve

D) auction without reserve

Which of the following is true for an auction with reserve?
A) The seller retains the right to refuse the highest bidder.
B) Invitations to make an offer are not allowed.
C) Goods cannot be withdrawn from sale after the offer has been made.
D) A bid once made cannot be withdrawn and is legally binding

A) The seller retains the right to refuse the highest bidder.

Which of the following is true for an auction without reserve?
A) The bidder is considered the offeror.
B) The seller need not accept the highest bid.
C) The goods on sale cannot be withdrawn.
D) The auctioneer is not allowed to set a minimum bid

C) The goods on sale cannot be withdrawn.

A(n) ________ is a withdrawal of an offer by the offeror that terminates the offer. A) rejection
B) advertisement
C) revocation
D) counteroffer

C) revocation

A response by an offeree that contains terms and conditions different from or in addition to those of the offer is called a(n) ________.
A) rejection
B) counteroffer
C) revocation
D) acceptance

B) counteroffer

Which of the following statements is true about a revocation?
A) It can be made by the offeree.
B) It needs to reach the offeree to be effective.
C) It can be done even after acceptance of the offer.
D) It can be applied to an option contract.

B) It needs to reach the offeree to be effective.

Which of the following statements is true about a counteroffer?
A) An offeree that makes the counteroffer is still considered the offeree.
B) A counteroffer terminates the existing offer.
C) A counteroffer can only be made by the offeror.
D) A counteroffer need not be communicated to the offeror.

B) A counteroffer terminates the existing offer.

Luke offered to sell his farm to Kent at $75,000, an offer which Kent declined. A week later, Luke offered to sell the farm for $65,000, stating that it was the final offer, it was valid for one month, and that he would not alter it. Two days later, Kent replied by saying that he was willing to pay $60,000 for the farm. A week after Luke received Kent’s offer, Luke declined it. Ten days after that, Kent agreed to buy the farm for $65,000, but Luke refused to sell the farm. Kent decided to sue Luke for a breach of contract. The judge ruled in favor of Luke. Which one of the following is the reason for the ruling in Luke’s favor?
A) Luke’s original offer of $75,000 is still valid, even though rejected.
B) Kent’s counteroffer of $60,000 had rendered the offer for $65,000 invalid.
C) Kent’s acceptance was past the set time period in the offer.
D) Kent acted in an incompetent manner with regards to the offer

B) Kent’s counteroffer of $60,000 had rendered the offer for $65,000 invalid.

Jennifer had put up a reward offer, in the local newspaper, for her lost watch for two weeks now. But after buying a new watch, Jennifer decided to not pursue her old watch, and so decided not to put up the reward offer in the third week. Betty, who found the watch, and saw the reward offer, returned the watch to Jennifer during the third week. Which of the following would be true about Betty receiving or not receiving the reward?
A) Betty will not receive the reward as Jennifer had already revoked it.
B) Betty will not receive the reward as Jennifer had stopped publishing the reward offer.
C) Betty cannot claim the reward because she had not performed all the requested acts.
D) Betty can claim the reward because Jennifer had not published a notice of revocation.

D) Betty can claim the reward because Jennifer had not published a notice of revocation.

An agreement that an offeror will not sell his property for a specified period subsequent to the offeree paying consideration to the offeror is referred to as a(n) ________.
A) unequivocal acceptance
B) contract of adhesion
C) option contract
D) firm offer

C) option contract

Which of the following is true about an option contract?
A) If the offeree chooses not to buy the property then money paid in consideration must be returned.
B) If money is paid as consideration, then that is not applied to the sale price.
C) Death or incompetency of either party terminates an option contract.
D) The offer cannot be revoke during the option period.

D) The offer cannot be revoke during the option period.

If a fire destroys an office building that has been listed for sale, the offer is automatically terminated due to ________. A) supervening illegality
B) death or incompetency of the offeror C) destruction of the subject matter
D) lapse of time

C) destruction of the subject matter

Peter has two houses that he plans to sell, numbered Lot 1 and Lot 2. Each priced at $800,000. David has shown interest in buying Lot 2, but could not make up his mind on the final offer, so he asks Peter to give him a week to decide and Peter accepts. But David takes two weeks to get back to Peter with a counteroffer. Before he could give David a reply to his counteroffer, Peter is killed in a fire that burned down Lot 1. Which of the following would be true of this case?
A) The offer is terminated due to lapse of time.
B) The offer is terminated due to destruction of the subject matter.
C) The offer is terminated due to death of the offeror.
D) David can still buy the house for Peter’s original offer

C) The offer is terminated due to death of the offeror.

An offer is terminated on the grounds of "supervening illegality" when ________. A) the set period in the offer has expired B) the subject matter in the offer has been destroyed
C) a statute or court decision deems an object of the offer unlawful
D) the offeror or offeree passes away prior to the offer being accepted

C) a statute or court decision deems an object of the offer unlawful

Techstate, a hardware manufacturer in the United States, has an existing contract with a client based in the Republic of Karthasia, which is going through a domestic political crisis. The resulting upheaval in that country has led to some of the shipments to the client being destroyed by warring factions. As a sanction against the country, the United States government places an embargo on all exports to that country by U.S. firms. What will be the state of the contract between Techstate and the client in Karthasia after the embargo?
A) It will be terminated due to destruction of subject matter.
B) It will be terminated due to incompetency of the offeror.
C) It will be terminated due to lapse of time.
D) It will be terminated due to supervening illegality

D) It will be terminated due to supervening illegality

An offer is terminated on the grounds of "lapse of time" if ________.
A) the offeror dies before the offeree has accepted the offer
B) the offer is not communicated to the offeree
C) the offeror has communicated to the offeree a set time which is not mentioned in the offer
D) the offer is not accepted within a stated time period

D) the offer is not accepted within a stated time period

George made an offer to Jacob to sell his house for $1 million. The offer was received by Jacob on the 1st of May, and stipulated that he had 13 days to accept. But Jacob could not arrange the money, and on 16th May made a counteroffer to George to buy the house for $850,000. Which of the following is true about the original offer made by George to Jacob? A) It is terminated by the counteroffer.
B) It is still valid as the house has not been sold.
C) It is invalid due to lapse of the stated time.
D) It is invalid due to incompetency of the offeree

C) It is invalid due to lapse of the stated time.

________ is a manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts.
A) Acceptance
B) Revocation
C) Proposal
D) Counteroffer

A) Acceptance

The legal power to accept an offer belongs to the ________.
A) offeror
B) offeree
C) agent
D) seller

B) offeree

Mandy has decided to sell her iPad, and makes an offer to her friend Shelly for $250. Shelly tells Mandy she is willing to buy the iPad, but would be glad if Shelly could lower her asking price. Mandy lowered the price to $210 and Shelly bought it. Which of the following would describe Shelly’s response to Mandy for her first offer?
A) counteroffer
B) rejection
C) equivocal acceptance
D) grumbling acceptance

C) equivocal acceptance

Quentin is a member of the Album of the Month Club and receives a new music CD every month without fail. The Club usually gives its members a time period within which they can reject the selection and stop shipment of the CD, failing which the CD will be shipped. Last month, Quentin received a CD from Album of the Month Club, a copy of which a friend had already gifted him. He had not found time to reject the offer as he was away. Quentin could not reject the CD and had to buy it. What kind of an offer-acceptance model does Album of the Month Club have?
A) mirror image rule acceptance
B) silence as acceptance
C) acceptance-upon-dispatch
D) unequivocal acceptance

B) silence as acceptance

The mirror image rule states that ________.
A) the offeree’s counteroffer should match the value of the offeror’s offer
B) the offeree is allowed to modify the terms of the offer
C) the offeror can modify the terms of the offer even after the offeree has accepted it
D) the offeree must accept the terms as stated in the offer

D) the offeree must accept the terms as stated in the offer

Which of the following contradicts the mirror image rule?
A) silence as acceptance
B) option contract
C) counteroffer
D) acceptance-upon-dispatch

C) counteroffer

The ________ states that an acceptance is effective when it is dispatched, even if it is lost in transmission.
A) rule of silence as acceptance
B) mirror image rule
C) mailbox rule
D) mutual assent rule

C) mailbox rule

Which of the following is a difference between acceptance and revocation?
A) Revocation is valid only if the offeree receives it, while an offeree’s acceptance is valid when dispatched.
B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree.
C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree.
D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation

A) Revocation is valid only if the offeree receives it, while an offeree’s acceptance is valid when dispatched.

________ is a stipulation in an offer that says the acceptance must be by a specified means of communication.
A) Option contract
B) Mirror image rule
C) Implied authorization
D) Express authorization

D) Express authorization

The term ________ refers to a mode of acceptance that is indicated from what is customary in similar transactions, usage of trade, or prior dealings between the parties.
A) express authorization
B) implied authorization
C) option contract
D) unequivocal acceptance

B) implied authorization