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Created: 11/09/25, For Instructor: John F. King @ WCU
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For Mutal assent to be present between parties to a contract, ___ & ___ must exist
Offer & Acceptance
Under Common Law, The Mirror Image Rule Provides that:
The Acceptance of an offer must match the offer exactly
The Term Anticipatory Repudiation applies when a party to a contract says They will not fulfill their duties or obligations under a contract. True or False
True
When a Contract is a mixed contract of both services and good, The UCC will govern when:
The Predominant Purpose of the Contract is the Sale of Goods
The UCC Provision that Abandons the Common Law Mirror Image Rule Is The:
Battle of The Forms
A Contract obtained by duress or under influence is voidable, but not void. True or False
True
When a contract has been formed but not yet preformed, and a party to the contract dies, the contract will be terminated by operation of Law. True or False
True
A Quasi Contract is:
Implied by Law to Avoid Unjust Enrichment
An Offeree May Accept an Offer of A Unilateral Contract By:
Completing Performance
When a Court Makes Revisions or Changes to a Contract as a Remedy for a Party to The Agreement, That is Called:
Reformation
Under the UCC, When no Delivery Location is Specified in the Contract, The Place for Delivery Is:
The Seller’s Place of Business or Home if There is No Place of Business
The Sale of Goods is Regulated in the UCC By Article:
2
A Contract Formed by The Mutual Exchange of Promise by The Parties is a:
Bilateral Contract
An Offeree May Accept an Offer of a Bilateral Contract By:
Either Making a Promise or Starting Performance
Parties to a Contract that Provides That it is The Entire Agreement Between Them are Prohibited From Later Offering Evidence to Vary or Change the Terms of The Contract. The Rule is Called:
The Parole Evidence Rule
An Ambiguity in a Contract will be Constructed Against The Party who Prepared the Contract and Selected the Ambiguous Language. True or False
True
The Statue of Limitations Under The UCC, AS a General Rule is:
4 Years
Under the UCC, A Warranty That Represents That a Product will comply with a Particular Promise, Description or Sample, is Called:
An Express Warranty
In General, The Uniform Commercial Code Encourages Deals Between Parties, When Compared to Common Law. True or False
True
A Contract Formed By The Oral and/or Written Language of The Parties is:
An Express Contract
Termination of a Contract Offer by The Offeree is Called:
Rejection
The Lack of Mutually Enforceable Promises in a Contract is Called:
An Illusory Promise
Under The UCC, a Guarantee That The Seller Has Ownership of the Goods Intended to be Sold is Called:
Warranty of Title
When No Time for Performance is Stated in a Contract, The UCC Provides That The Time for Performance is What?
A Reasonable Time
When Parties to a Contract Predetermine the Amount of Damage Recoverable for a Breach of The Contract is Called:
Liquidated Damages
A Contract is:
A Promise or Set of Promises Between Parties
Breach of Which Gives Rise To a Remedy
Performance of Which The Law Recognizes As a Duty
Termination of a Contract Offer By The Offeror is Called:
Revocation
Under Common Law, The General Concept Of The Mailbox Rule is That:
When An Offer is Accepted By Mail, Or Other Delivery Services, Acceptance is Complete Upon Dispatch Of The Mail, IF Properly Addressed and Posted
The Abbreviation UCC Stands For:
Uniform Commercial Code
The UCC Strictly Prohibits Delegation Of a Party’s Duties Of Performance. True or False
False
The Acronym, MY LEGS pertains to the Statue of Frauds. What Do the Letter M.Y. L.E.G.S. mean?
M - Marriage
Y - Year
L - Land
E - Executor
G - Goods
S - Suretyship
List and Describe Accurately at lease 4 rules of Contract.
Offer: One party must make a clear, definite proposal to another.
Acceptance: The other party must clearly accept the offer.
Consideration: Something of value must be exchanged between the parties
Mutual Intent: Both parties must intend to create a legally binding agreement and have the legal capacity to do so.