BLAW 372 (Ch. 12)
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An offer must be practical to be effective.
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false
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A request or invitation to negotiate is an offer.
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false
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A price list is a form of invitation to negotiate or trade.
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true
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An advertisement is generally considered an offer.
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false
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An "offer" to sell an item on an online auction site generally is treated an invitation to negotiate.
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true
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In an auction, a bidder is an offeree.
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false
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Generally, a contract must express its terms—no reasonable inferences are permissible.
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false
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An offer may invite an acceptance to be worded in specific terms but that cannot make the contract definite.
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false
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If an offer does not specify a time for acceptance, the offer terminates at the end of a reasonable time.
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true
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A statute or court decision that makes an offer illegal automatically terminates the offer
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true
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An acceptance can impose new conditions or change the terms of the original offer without rejecting it.
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false
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No offer can be accepted by silence
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false
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An e-contract must meet basic requirements that are different from those required of a paper contract.
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false
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An important rule to keep in mind is that the offeree (the buyer) controls the acceptance and thus the resulting contract.
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false
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Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts.
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true
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Browse-wrap terms are often unenforceable.
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true
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Under federal law, an e-document is not as enforceable as a paper one.
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false
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Contracting parties cannot opt out of the terms of the UETA
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false
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The UETA does not apply to all writings and signatures.
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true
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Only the United States has created regulations for global Internet transactions.
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false
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Naomi tells Ogden, who has no knowledge of Shakespearean comedy, that she will tutor him in the subject for $50. As an offer, this is
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effective
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Lon says to Milli, "I would like to sell you my comic book collection." This is not an offer because it
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only invites Milli to negotiate
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Octavio receives from Pastry Dough its catalogue and a "personalized" letter inviting Octavio to buy any item at the advertised price. This is
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not an offer
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Barrett files a suit against City Moving Service for breach of contract, based on what Barrett claims was City Moving's offer. For a court to determine if a contract has been breached, under the common law, the offer must include terms that are
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reasonably definite
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Casey offers to sell a certain used forklift to DIY Lumber Outlet, but Casey dies before DIY accepts. Most likely, Casey's death
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terminated the offer
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Sam offers to sell Thomas her textbook but conditions the sale on Thomas accepting the offer by March 1. Sam may revoke the offer
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before Thomas accepts the offer
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Liz offers to sell Max her iPad for $200. Max says, "Okay, but only if you include the case and other accessories." Max has
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rejected the offer and made a counteroffer
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Farmland County Bank offers to lend money to Gino, the owner of Home Hardware Store, at 15 percent interest. Before Gino accepts, a state statute is enacted prohibiting loans at rates greater than 12 percent. Gino and the bank have
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no contract for a loan
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Sam offers to sell a used hay baler to Robert, but receives a letter of acceptance from Dan, who has no relation to Robert. A valid contract exists between
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d. NONE OF THE CHOICES
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Q Trucking Service tells Rob that it will pay him $50 if he unloads a certain truck at the Shipping Warehouse. Rob's acceptance is complete
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only after Rob unloads the truck
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Crafted Metal Works, offers to design, make, and sell Downtown Transit Agency fourteen streetcars. Crafted Metal authorizes a particular mode of communication, but Downtown Transit sends an acceptance via a substituted means. This acceptance is effective when it is
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received
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Mark is creating Nu2U.com, a Web site through which he will enter into contracts over the Internet. Important terms to include in his offers include
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provisions specifying the remedies if the contract is breached
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Diverse Diversions, makes computer, video, and mobile device games. Ember buys a hard copy of Final Infinity. Inside the package is a shrink-wrap agreement. With respect to the contract for the game's purchase, the shrink-wrap agreement may not be enforced if
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Ember learns of it after contracting
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Deb buys a song through eSongs. Before completing the purchase and downloading the song, Deb must review a provision stating that she will not make and sell copies of the song and is required to click "I agree." This provision is
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a click-on agreement
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Standard Corporation and Topmost Sales enter into a partnering agreement. Under a partnering agreement, parties agree
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in advance to terms that apply to their future e-transactions
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Kay and Leo enter into a contract that falls within the provisions of the UETA. Under the UETA, "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" is
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an e-signature
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World Shipping Corporation enters into contracts with distributors and other buyers in e-commerce and in traditional commerce. The UETA applies, if at all, only to those transactions in which the parties agree to use
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electronic means
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On behalf of Bobble Head Manufacturing Company, Carmela types her name at the bottom of an e-mail purchase order and submits the order to Designer Parts Company. Under the UETA, Carmela's typed name qualifies as
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a "signature"
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Lewis offers to make digital copies of Motivational Sales' conference CDs for $500. Under the mailbox rule and the UETA, Motivational Sales' acceptance by e-mail will be considered effective when
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sent
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Medical Billing Collection Corporation and Naturopath Clinic make a deal for Medical Billing's services via e-records. Under the UETA, an e-record is considered received when
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it leaves the sender's control
