Question 1

An acceptance is assent to a proposal by the offeree to the offeror.

Accepted Answer

Acceptance is a manifestation of assent to the terms of the offer made by the offeree in the manner invited or required by the offer.

Question 2

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.

Accepted Answer

An improperly dispatched acceptance or one that was sent by some means of communication that was nonauthorized would be effective only when received,assuming that the offer was still open at that time.

Question 3

To accept an offer for a bilateral contract,the offeree must perform the requested act.

Accepted Answer

To accept an offer for a bilateral contract,the offeree must make the promise requested by the offer.

Question 4

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

Accepted Answer

Customary trade practice or prior dealings between the parties may indicate that silence signals acceptance.

Question 5

The only person with the legal power to accept an offer and create a contract is the original offeree.

Accepted Answer

The only person with the legal power to accept an offer and create a contract is the original offeree.

Question 6

If the offeree accepts the offer's terms while complaining about them,it is called a grumbling acceptance.

Accepted Answer

When an offeree accepts the offer's terms while complaining about them,it is called a grumbling acceptance.

Question 7

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

Accepted Answer

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

Question 8

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

Accepted Answer

When an offer is unclear about the form of acceptance it requires,the offer may be accepted in any manner that is reasonable in light of the circumstances surrounding the offer.

Question 9

The intention to accept an offer must be a present intent to contract on the part of the offeree.

Accepted Answer

A court will look to see if the offeree,when accepting an offer,had a present intent to contract.

Question 10

Mr.White contracts with Mr.Green for 100 black coffee mugs.Mr.White decides he needs the mugs faster than the time allotted in the contract and asks for a rush shipment.Mr.Green notifies Mr.White that he will ship 100 coffee mugs but that the only ones available are red.A court will find that the shipment of red mugs under the UCC is not a breach of the original agreement.

Accepted Answer

Under the UCC,a requested rush shipment of nonconforming goods to a contract is not a breach of the contract but a counteroffer by the seller that the buyer is free to accept or reject.

Question 11

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

Accepted Answer

The intent to accept,like the intent to contract,is judged by an objective standard.

Question 12

When Carol Whittaker makes an offer to a contractor,Jacob Phelps,directing him to inform her of his acceptance through registered letter mail,she is making an ambiguous offer.

Accepted Answer

An offer which is unclear about the form of acceptance that is necessary to create a contract is called an ambiguous offer.

Question 13

To accept an offer for a unilateral contract,the offeree must make the promise requested by the offer.

Accepted Answer

To accept an offer for a unilateral contract,the offeree must perform the requested act.

Question 14

UCC section 2-207 allows a contract to be formed even though the terms of the offer and the terms of the acceptance differ.

Accepted Answer

Section 2-207 of the UCC allows the formation of a contract even when there is some variance between the terms of the offer and the terms of the acceptance.

Question 15

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.

Accepted Answer

As soon as the offeree states "I accept," or words to that effect,the contract is created,assuming that the offer is still in existence.

Question 16

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.

Accepted Answer

The UCC rejects the traditional rule that such acceptances cannot be effective until received.It provides that an acceptance sent by an unreasonable means would be effective on dispatch if it is received within the time that an acceptance by a reasonable means would normally have arrived.

Question 17

The only manner in which a request for prompt or current shipment of goods can be honored is by a prompt or current shipment of the goods to the buyer.

Accepted Answer

The Code states that an order requesting prompt or current shipment of goods may be accepted either by a prompt promise to ship or by a prompt or current shipment of the goods.

Question 18

Mr.Blue enters into negotiation with Mr.Green to build a house.Both parties expected a written and signed purchase agreement.After agreeing on the terms,Mr.Green is told by his subcontractors that some of their prices have gone up.Mr.Blue objects and indicates that there was a contract when the parties agreed to the original terms orally.A court will find that no contract existed since the parties expected acceptance to be in written form.

Accepted Answer

A party to the agreement who now wants out of the deal may argue that the parties did not intend to be bound until both parties signed the writing.A clear expression of such an intent by the parties during the negotiation process prevents the formation of a contract until both parties have signed.

Question 19

Acceptances by instantaneous forms of communication are effective immediately upon communication to the offeror.

Accepted Answer

When parties are communicating face-to-face,by telephone,or any such means then communication of acceptance is instantaneous.

Question 20

In recent times,the mirror image rule is applied such that only a material difference between offer and acceptance creates a rejection of the offer.

Accepted Answer

The traditional contract law rule is that acceptance must be the mirror image of the offer.In recent years,courts have applied a more liberal approach to this by stating that only material variances between an offer and a purported acceptance result in an implied rejection of the offer.

Quiz 11: The Agreement: Acceptance

An acceptance is assent to a proposal by the offeree to the offeror.

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.

To accept an offer for a bilateral contract,the offeree must perform the requested act.

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

The only person with the legal power to accept an offer and create a contract is the original offeree.

If the offeree accepts the offer's terms while complaining about them,it is called a grumbling acceptance.

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

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

The intention to accept an offer must be a present intent to contract on the part of the offeree.

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

When Carol Whittaker makes an offer to a contractor,Jacob Phelps,directing him to inform her of his acceptance through registered letter mail,she is making an ambiguous offer.

To accept an offer for a unilateral contract,the offeree must make the promise requested by the offer.

UCC section 2-207 allows a contract to be formed even though the terms of the offer and the terms of the acceptance differ.

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.

The only manner in which a request for prompt or current shipment of goods can be honored is by a prompt or current shipment of the goods to the buyer.

Acceptances by instantaneous forms of communication are effective immediately upon communication to the offeror.

In recent times,the mirror image rule is applied such that only a material difference between offer and acceptance creates a rejection of the offer.