Tina tells Barry that she will mow his yard for the summer for $800. Barry thinks about it and drops a note in the mail to Tina telling her that he rejects her offer. He thinks about it, however, and calls her to tell her he accepts before she receives his rejection. Which of the following is true under the mailbox rule?
A. The offer was no longer outstanding because of the rejection.
B. Barry could not accept verbally.
C. Barry validly accepted, but his acceptance was revoked when Tina received the rejection.
D. The acceptance was invalid because the mailbox rule requires that the time of payment be specifically set forth before an acceptance is formalized.
E. The acceptance is valid, and the rejection has no effect.
A. The offer was no longer outstanding because of the rejection.
B. Barry could not accept verbally.
C. Barry validly accepted, but his acceptance was revoked when Tina received the rejection.
D. The acceptance was invalid because the mailbox rule requires that the time of payment be specifically set forth before an acceptance is formalized.
E. The acceptance is valid, and the rejection has no effect.
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.
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.
Which of the following is true regarding distinguishing an offer from an invitation to negotiate?
A. Whether an offer in fact existed is a question of law.
B. Whether an offer in fact existed is a question of fact.
C. Whether an offer in fact existed is a mixed question of law and fact.
D. Whether an offer in fact existed depends solely on whether the alleged offer included a specific price.
E. Whether an offer in fact existed depends solely on whether an acceptance of the alleged offer was made immediately so that the offeror knew he or she was bound.
A. Whether an offer in fact existed is a question of law.
B. Whether an offer in fact existed is a question of fact.
C. Whether an offer in fact existed is a mixed question of law and fact.
D. Whether an offer in fact existed depends solely on whether the alleged offer included a specific price.
E. Whether an offer in fact existed depends solely on whether an acceptance of the alleged offer was made immediately so that the offeror knew he or she was bound.
Which of the following was the result in the case in the text Adone v. Paletto, involving the rejection of a purported acceptance of an offer of judgment because it was not made within the time limit of 10 days specified in the offer of judgment?
A. Rejection of the acceptance was unjustified because offers of judgment may not contain time limits.
B. Rejection of the acceptance was unjustified because allowing only 10 days for acceptance is unreasonable.
C. Rejection of the acceptance was unjustified because of the plaintiff's severe injuries.
D. Rejection of the acceptance was enforceable because a trial had already been held.
E. Rejection of the acceptance was enforceable because the 10 days the other party had to accept had expired.
A. Rejection of the acceptance was unjustified because offers of judgment may not contain time limits.
B. Rejection of the acceptance was unjustified because allowing only 10 days for acceptance is unreasonable.
C. Rejection of the acceptance was unjustified because of the plaintiff's severe injuries.
D. Rejection of the acceptance was enforceable because a trial had already been held.
E. Rejection of the acceptance was enforceable because the 10 days the other party had to accept had expired.
Prudence, a mean business law teacher, offers $50 to any student who will mow her lawn. Sam goes right over and begins mowing. Just before he finishes, Prudence goes over and tells him that she revokes her offer. Which of the following is true regarding Sam's entitlement to payment?
A. Sam is not entitled to payment because a bilateral contract was involved that could only be accepted by full performance prior to revocation.
B. Sam is not entitled to payment because a unilateral contract was involved that could only be accepted by full performance prior to revocation.
C. Sam is entitled to only a proportional recovery based on the amount of work he had done prior to the revocation because Prudence always retained the right to validly revoke.
D. Sam is entitled to recover because a unilateral contract was involved, and he was entitled to a reasonable amount of time in which to complete the job.
E. Sam is entitled to recover because a bilateral contract was involved, and he was entitled to a reasonable amount of time in which to complete the job.
A. Sam is not entitled to payment because a bilateral contract was involved that could only be accepted by full performance prior to revocation.
B. Sam is not entitled to payment because a unilateral contract was involved that could only be accepted by full performance prior to revocation.
C. Sam is entitled to only a proportional recovery based on the amount of work he had done prior to the revocation because Prudence always retained the right to validly revoke.
D. Sam is entitled to recover because a unilateral contract was involved, and he was entitled to a reasonable amount of time in which to complete the job.
E. Sam is entitled to recover because a bilateral contract was involved, and he was entitled to a reasonable amount of time in which to complete the job.
When buying software on the Internet, Molly clicks "OK" on an agreement governing the transaction and providing that disputes will be arbitrated. Which of the following is true regarding that type of agreement?
A. Molly will not be bound in most states because of state laws prohibiting such agreements.
B. Molly will not be bound unless she verbally confirmed the agreement with a company representative.
C. Molly will not be bound because of a federal law making all such agreements invalid.
D. Molly will not be bound because of a federal law approving some agreements of that type but making arbitration clauses contained therein invalid.
E. None of the above is true.
A. Molly will not be bound in most states because of state laws prohibiting such agreements.
B. Molly will not be bound unless she verbally confirmed the agreement with a company representative.
C. Molly will not be bound because of a federal law making all such agreements invalid.
D. Molly will not be bound because of a federal law approving some agreements of that type but making arbitration clauses contained therein invalid.
E. None of the above is true.
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