Exam 11: The Agreement: Acceptance

If both parties are merchants,additional terms contained in the offeree's standardized forms become part of the contract unless an exception applies.Which of the following is not one of those exceptions?

Which of the following would not be used to determine whether an acceptance was communicated by reasonable means?

Which of the following statements about the UCC's Battle of the Forms is false?

Mr.White sends his acceptance for a business contract to Mr.Green.But Mr.White put insufficient postage on the envelope.One day later,Mr.Green revokes the offer through the mail.Mr.White,upon receipt of the undelivered acceptance,overnighted the acceptance letter to Mr.Green.The overnighted acceptance letter reaches Mr.Green before the revocation letter reached Mr.White.If a court finds that the UCC rule applies,a valid acceptance occurred and a contract was created between Mr.White and Mr.Green.

Kevin offered to mow his Uncle Jordan's lawn for $100.To his offer,Uncle Jordan replied by saying "I know you're taking advantage of me but I accept." Uncle Jordan has indeed accepted the offer made by Kevin.

Which of the following is used by the majority of courts when there is an acceptance that contains terms that are different from (not merely additional to)the terms of the offer?

Milner Developers proposed an offer to Henry Wright,an independent contractor,offering to hire him for their next project.They offered him a certain rate and specified the contract details along with describing the stipulated mode of acceptance but received no response.Wright responded to the offer with a quote for a higher amount than that mentioned by Milner Developers.Do the two parties have a binding contract?

Under the UCC,an acceptance sent by unreasonable means:

In the case in the text,Duro Textiles,LLC v.Sunbelt Corporation,the court held that a forum selection clause:

The UCC states that a properly dispatched acceptance sent by any reasonable means of communication within a reasonable time is effective on dispatch.What does the UCC mean by "reasonable" here?

If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction,most courts would probably find a contract at the time agreement was reached,even though no formal agreement had been signed.Which of the following is an exception to this rule?

When determining the presence of the intent to accept,a subjective standard is used.

The intent to accept is objectively demonstrated by words or conduct or a combination of the two.

Which of the following would indicate a rejection under the mirror image rule?

Grace offers to sell Misti her car for $5,000.Grace tells Misti,"If I don't hear from you in three days,I'll assume you're buying the car." Four days go by and Grace has not heard from Misti.Does Misti's silence amount to acceptance?

Transfer of title deeds is a function wherein silence signals acceptance of the offer.

When an offer is unclear about the form of acceptance it requires,there cannot be a valid acceptance.

Patrick,a farmer,leaves 10 bushels of corn with Jackie,the owner of a grocery store,saying "Look this corn over.If you want it,it's $5 a bushel." Jackie sells the corn.Which of the following statements is true?

The original offeree is one who:

Where an offer stipulates a certain means of acceptance,the offeree's acceptance is effective upon dispatch even if it uses means other than those specified in the offer.