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Business Law Ch 13
Twomey
21
Business
Undergraduate 2
11/17/2010

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Cards

Term
Invitation to negotiate
Definition
A preliminary discussion that is not an offer. Ex. school asking teacher if she intends to work next year
Term
T/F

Catalog listing prices are invitations to negotiate
Definition
True, this is because a seller cannot possibly intend to make a contract with everyone who sees the catalog
Term
T/F

Offering a reward for a puppy would not serve as an offer in court
Definition
False
Term
Offers must have
Definition
Definite and certain terms
Term
T/F

A court may rewrite the agreement of the parties to make it more definite
Definition
False
Term
"Best Efforts" Clause
Definition
Can be enforced if no effort was made
Term
Divisible Contract
Definition
When an agreement consists of two or more parts and calls for corresponding performances of each part by the parties
Term
Requirements Contract
Definition
When a company agrees to buy all materials required from the other
Term
Output Contract
Definition
Contract of a producer to sell entire production to a buyer
Term
Even though output and production contracts do not state quantities, are they enforceable?
Definition
Yes
Term
Offers may be terminated by
Definition
Revocation, counter-offer, rejection, lapse of time, death, or illegality
Term
T/F

An offer can be revoked before 10 days even when it states the offer will be available for 10 days
Definition
True
Term
Revoking an offer is only final when the offeree sees it
Definition
True
Term
Mailbox rule only works from offeree to offeror
Definition
True
Term
Firm Offer
Definition
States that the offer is irrevocable and final for a stated period of time
Term
T/F

If the offer does not specify a time, it will terminate after the lapse of a reasonable time
Definition
True
Term
T/F

If the offeree changes any terms when accepting the contract, the contract will still be ok
Definition
False
Term
Can an offer be made where silence is a form of acceptance?
Definition
Typically no
Term
Postal Reorganization Act
Definition
Allows a person who receives unordered mailed goods to do whatever they want with them
Term
Mailbox Rule
Definition
When accepting and offer, it is binding when it is given over to the hands of the postal service
Term
Cantu Case
Definition
Teacher gives her resignation, Superintendant accepts through mail, when teacher wants to revoke resignation it is too late
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