Term
| True or false: In general, the power of acceptance is personal to the offeree. |
|
Definition
|
|
Term
| The two exceptions to the requirement that an acceptance of an offer be by an offeree each involve what? |
|
Definition
|
|
Term
| What are the two exceptions to the general requirement that only an offeree has the power of acceptance? |
|
Definition
| (1) If there is an option, the offeree's estate obtains the power of acceptance if the offeree dies during the time in which the offer is irrevocable; and (2) if there is an option created by consideration, the offeree has the power to assign her power of acceptance to a third party unless the offer states otherwise or the offeror is relying on the offeree's credit or personal performance. |
|
|
Term
| What is the mirror-image rule? |
|
Definition
| The common-law rule providing that a purported acceptance that varies the terms of the offer in any way and that is expressly or impliedly conditional on the offeror's assent to the additional or different term(s) is not an acceptance, but a counteroffer. In other words, the acceptance must "mirror" the terms of the offer to be effective. |
|
|
Term
| Does the mirror-image rule prevent a response from being an acceptance if the offeree's purported acceptance suggests or requests an additional or different term, without expressly or impliedly conditioning acceptance on its inclusion? |
|
Definition
| No. In such a case the acceptance is still effective. |
|
|
Term
| Does the mirror-image rule prevent a response from being an acceptance if it makes explicit any terms that were implicit in the offer? |
|
Definition
| No. In such a situation the acceptance does not differ from the offer. |
|
|
Term
| Does the U.C.C. adopt or reject the common-law mirror-image rule? |
|
Definition
|
|
Term
| How does the U.C.C. reject the mirror-image rule with respect to an acceptance by the seller when the seller ships the ordered goods? |
|
Definition
| The shipment of non-conforming goods is still an acceptance (plus a breach), unless the seller seasonably notifies the buyer that the shipment is just an accommodation. |
|
|
Term
| How does the U.C.C. reject the mirror-image rule with respect to an acceptance by a written form in response to a written offer? |
|
Definition
| Even if the written form has additional or different terms from the offer, it is still an acceptance as long as it is a "definite and seasonable expression of acceptance," and does not make acceptance expressly conditional on assent to the additional or different terms. |
|
|
Term
| How does the U.C.C. reject the mirror-image rule with respect to a written confirmation of a deal already concluded? |
|
Definition
| It treats the written confirmation as an acceptance if it is sent within a reasonable amount of time, unless acceptance is expressly made conditional on assent to the additional or different terms. |
|
|
Term
| Under the U.C.C., if documents are exchanged but no contract is created by them, can a contract still form? |
|
Definition
| Yes, through conduct, such as performance. |
|
|
Term
| What is another name for the misunderstanding doctrine? |
|
Definition
|
|
Term
| What is the misunderstanding doctrine? |
|
Definition
| If there is a misunderstanding that goes to conflicting and irreconcilable meanings of a material term that could have either but not both meanings, and each meaning is equally reasonable, there is no manifestation of assent to the offer. |
|
|
Term
| If the offeree dies, in general does the offeree's personal representative (i.e., the executor or administrator of the estate) obtain the power of acceptance on the estate's behalf? |
|
Definition
|
|
Term
| In general, does an offeree have the power to assign (i.e., transfer) the power of acceptance to a third party? |
|
Definition
|
|
Term
| True or false: A person need not be specified by name in an offer to be an offeree. |
|
Definition
|
|
Term
| True or false: An offer can only be made to a limited number of offerees. |
|
Definition
|
|
Term
| What is the name for an offer made to an unlimited number of persons? |
|
Definition
| A general offer. (Also called an "offer to all the world.") |
|
|
Term
| What is the classic example of a general offer? |
|
Definition
|
|
Term
| When there is a misunderstanding, what test is used to determine if someone is an offeree? |
|
Definition
| Objective theory of contract. |
|
|
Term
| True or false: A person can only be an offeree is she is the one who is invited to furnish the consideration that will make the agreement a bargain? |
|
Definition
|
|
Term
| U.C.C. Section 2-207 is commonly called what? |
|
Definition
| The "battle of the forms" rule. |
|
|
Term
| True or false: UCC Section 2-207 only applies if at least one of the parties is a merchant. |
|
Definition
|
|
Term
| True or false: UCC 2-207 only applies to a transaction in goods. |
|
Definition
|
|
Term
| Under 2-207, a "definite and seasonable express of acceptance" exists under what circumstances? |
|
Definition
| When a proposed deal which in commercial understanding has in fact been closed. |
|
|
Term
| When does the "dickered-for exception" under UCC 2-207 apply? |
|
Definition
| When the additional or different term differs significantly (not just materially) from the offer on a sufficiently important term. In such a situation, the response is not a "definite . . . expression of acceptance." |
|
|
Term
| What does seasonable mean? |
|
Definition
| Within a reasonable amount of time. |
|
|
Term
| The misunderstanding doctrine only applies to what type of ambiguity? |
|
Definition
|
|
Term
| If there is a patently ambiguous term, what element of contract formation applies to determine whether the ambiguity prevents contract formation? |
|
Definition
| Reasonably-certain terms requirement (element three of contract formation). |
|
|
Term
| What is the difference between a patent ambiguity and a latent ambiguity? |
|
Definition
| With a patent ambiguity, the word's ambiguous nature is apparent on its face. With a latent ambiguity, the word appears clear on its face, but extrinsic facts disclose the ambiguity. |
|
|
Term
| Does the misunderstanding doctrine prevent the formation of a contract if one of the parties knows the meaning used by the other party for the latently ambiguous term? |
|
Definition
| No. It only applies when there is a misunderstanding. |
|
|
Term
| Does the misunderstanding doctrine prevent the formation of a contract when there is a misunderstanding but one party's meaning is more reasonable than the other party's meaning? |
|
Definition
| No. It only applies when each party's meaning is equally reasonable. |
|
|
