JURI 530 Quiz 2

JURI 530 Quiz 2 Liberty University

JURI 530 Quiz 2: How Contracts are Formed

  1. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday morning. Monday evening, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. Gabby thanks Esther and asks if she can consider the offer overnight and let Esther know her decision on Tuesday. Esther agrees.
  2. Judi purchased new interior carpeting at her medical practice from Alex, who installed the carpeting as part of their contract. The carpeting reacted to the adhesive Alex used in the installation process, causing the office to be filled with toxic fumes. Consequently, thepracticehadtocloseforoneweekataconsiderablelossofincometoJudi. Judi andAlexhavebeennegotiatingovertheresolutionofJudi’sclaimagainAlex. Judisays to Alex, “I’ll agree to release any claims I have against you if you’ll pay me $20,000; otherwise I’m hiring a lawyer.” Alex responds by saying, “Judi, I can’t pay you
    $20,000.” Judi says, “Then Alex, we are done negotiating.” Alex responds by saying, “Okay, Judi, I’ll pay the $20,000 to put this behind me.” Has Alex effectively accepted Judi’s offer? Fully explain your answer.
  3. A contract will not meet the requirement of ___________________ if there is not a reasonably certain basis for a court to give an appropriate remedy if the contract is breached.
  4. Larry offers to purchase 10 gasoline-fueled generators from Generator Co. at a price of $10,000. Which one of the following ways can Generator Co. use to effectively accept Larry’s offer?
  5. Xander interviews Tom for a sales associate position. He offers to hire Tom for a 6- month contract term that will pay him a base salary plus a bonus in the amount of 1.5% of Tom’s total monthly sales, payable at the end of each quarter. Tom responds by saying, “That sounds good. We’ve got a deal. If all goes well in the future, I’d like to discuss the concept of those bonuses being paid monthly.”
  6. Shari has been assigned the job of hiring a new bookkeeping firm to manage her employer’s payroll. She calls a payroll company and asks what they would charge to manage the payroll of a company with 250 employees. The representative of the payroll company, Zach, says that their company “typically charges $500 per month for payroll services for employers that size.” Has Zach made an offer to enter into a contract?
  7. If Janice mails an offer to Leo, and Leo responds by properly mailing his timely acceptance back to Janice, when is Leo’s acceptance effective?
  8. Derick is the office manager of a law firm. On Monday, he offers to pay Housekeeping, Inc.,$500perweektoprovideovernightcleaningservicesatthelawfirm. Hetells Housekeeping, Inc., that if they want the job, the only way they can accept is to stop by the office Saturday at 5:30 a.m., allow him to show them around the office area, provide them with a key to the building, and identify the employees who will be performing the work.
  9. Harris offers the terms of a unilateral contract to Belle. When will Belle effectively accept Harris’s offer?
  10. In a contract for the provision of services, when an offeree responds to an offer by the beginning of performance,
  11. Which of the following events terminates an offeree’s power of acceptance?
  12. Bella has been trying to recruit Donna to work as the president of Bella’s company for years. Bella finally convinces Donna at a dinner meeting to take on the important, high- profile role of running Bella’s company. During their meeting, the two agree on the timing, salary, benefits, and scope of Donna’s responsibilities, but they agree that “we won’t have a binding deal until we have put this agreement in writing and we have both signed it.” Bella asks her lawyer to draft the agreement on November 1, and her lawyer agrees to prepare the agreement by November 12. On November 2, is there an enforceable agreement between Bella and Donna?
  13. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers herapositionwiththecompany,describingtheposition,salary,andbenefits. During the telephone conversation, Gabby tells Esther that the salary offered by Esther is inadequate. Esther tells Gabby that she is no longer interested in hiring Gabby and hangs up. Gabby’s action constitutes a
  14. When applying the “Battle of the Forms” provision, UCC 2-207 of the Uniform Commercial Code, which of the following is true?
  15. A Corp and B Corp enter into a valid and enforceable option contract. The contract provides that in exchange for the payment of $1,000 each month, B Corp shall have the right to accept A Corp’s offer to sell a parcel of land, for $300,000, for the next six months. B Corp makes the first monthly option payment on October 1. On October 10, A Corp sells the parcel to C Corp. The next day, B Corp learns the property has been sold. Does B Corp have the power to accept A Corp’s offer to sell the parcel for $300,000? Fully explain your answer:
  16. Gari and Ted have a lunch meeting to discuss Gari’s proposal to purchase Ted’s 200- acre parcel of real property. During the meeting the two discuss the terms of a potential purchase agreement to buy the 200-acre parcel for $950,000. Which of the following statements is most significant for the purpose of determining whether Gari and Ted have assented to a contract?
  17. If an offeror and offeree enter into a valid and enforceable option contract, the offeree will retain the power of acceptance during the option period, unless:
  18. David’s Ice Cream runs a series of advertisements on social media. The advertisement promotes a sale of a “5-gallon tub of hand-churned ice cream for $1!” The 5-gallon tub of ice cream is actually on sale for $10, but the price in the advertisement was the result of a mistake made by an employee responsible for designing the advertisement. The advertisement ran for five days before anyone noticed the mistake. Choose the best answer.
  19. On June 11, Kang sends an e-mail message to SalesCo offering to buy 240 bags of cement from SalesCo at a price of $2,000. SalesCo responds by mailing a letter, via first-class mail, on June 12, indicating that SalesCo, is not interested in selling cement at the price offered by Kang. The letter arrives on June 14.
  20. Three identical, adjacent, undeveloped commercial real-estate parcels are for sale in an industrial park. Parcel A is owned by Candace. Parcels B and C are owned by Pharrell. Candace, Pharrell and Louis are all sitting at the same table at a monthly “young professionals” meeting. Louis is a local real-estate developer. He offers to purchase Parcel A from Candace, who responds by saying his offer is too low for her to consider. Pharrell, however, tells Louis that he accepts Louis’s offer. Choose the best answer.

Set 2

  1. A Corp and B Corp enter into a valid and enforceable option contract. The contract provides that in exchange for the payment of $1,000 each month, B Corp shall have the right to accept A Corp’s offer to sell a parcel of land, for $300,000, for the next six months. B Corp makes the first monthly option payment on October 1. On October 10, A Corp sells the parcel to C Corp. The next day, B Corp learns the property has been sold. Does B Corp have the power to accept A Corp’s offer to sell the parcel for $300,000? Fully explain your answer:
  2. Gari and Ted have a lunch meeting to discuss Gari’s proposal to purchase Ted’s 200- acre parcel of real property. During the meeting the two discuss the terms of a potential purchase agreement to buy the 200-acre parcel for $950,000. Which of the following statements is most significant for the purpose of determining whether Gari and Ted have assented to a contract?
  3. Xander interviews Tom for a sales associate position. He offers to hire Tom for a 6- month contract term that will pay him a base salary plus a bonus in the amount of 1.5% of Tom’s total monthly sales, payable at the end of each quarter. Tom responds by saying, “That sounds good. We’ve got a deal. If all goes well in the future, I’d like to discuss the concept of those bonuses being paid monthly.”
  4. If Janice mails an offer to Leo, and Leo responds by properly mailing his timely acceptance back to Janice, when is Leo’s acceptance effective?
  5. Bella has been trying to recruit Donna to work as the president of Bella’s company for years. Bella finally convinces Donna at a dinner meeting to take on the important, high- profile role of running Bella’s company. During their meeting, the two agree on the timing, salary, benefits, and scope of Donna’s responsibilities, but they agree that “we won’t have a binding deal until we have put this agreement in writing and we have both signed it.” Bella asks her lawyer to draft the agreement on November 1, and her lawyer agrees to prepare the agreement by November 12. On November 2, is there an enforceable agreement between Bella and Donna?
  6. Shari has been assigned the job of hiring a new bookkeeping firm to manage her employer’s payroll. She calls a payroll company and asks what they would charge to manage the payroll of a company with 250 employees. The representative of the payroll company, Zach, says that their company “typically charges $500 per month for payroll services for employers that size.” Has Zach made an offer to enter into a contract?
  7. Derick is the office manager of a law firm. On Monday, he offers to pay Housekeeping, Inc., $500 per week to provide overnight cleaning services at the law firm. He tells Housekeeping, Inc., that if they want the job, the only way they can accept is to stop by the office Saturday at 5:30 a.m., allow him to show them around the office area, provide them with a key to the building, and identify the employees who will be performing the work.
  8. n a contract for the provision of services, when an offeree responds to an offer by the beginning of performance,
  9. A contract will not meet the requirement of ___________________ if there is not a reasonably certain basis for giving an appropriate remedy.
  10. Three identical, adjacent, undeveloped commercial real-estate parcels are for sale in an industrial park. Parcel A is owned by Candace. Parcels B and C are owned by
    Candace, Pharrell and Louis are all sitting at the same table at a monthly “young professionals” meeting. Louis is a local real-estate developer. He offers to purchase Parcel A from Candace, who responds by saying his offer is too low for her to consider. Pharrell, however, tells Louis that he accepts Louis’s offer. Choose the best answer.
  11. Harris offers the terms of a unilateral contract to Belle. When will Belle effectively accept Harris’s offer?
  12. Which of the following events terminates an offeree’s power of acceptance?
  13. When applying the “Battle of the Forms” provision, UCC 2-207 of the Uniform Commercial Code, which of the following is true?
  14. Larry offers to purchase 10 gasoline-fueled generators from Generator Co. at a price of $10,000. Which one of the following ways can Generator Co. use to effectively accept Larry’s offer?
  15. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. Gabby thanks Esther and asks if she can consider the offer overnight and let Esther know her decision on Tuesday. Esther agrees.
  16. Judi purchased new interior carpeting at her medical practice from Alex, who installed the carpeting as part of their contract. The carpeting reacted to the adhesive Alex used in the installation process, causing the office to be filled with toxic fumes. Consequently, the practice had to close for one week at a considerable loss of income to Judi. Judi and Alex have been negotiating over the resolution of Judi’s claim again Alex. Judi says to Alex, “I’ll agree to release any claims I have against you if you’ll pay me $20,000; otherwise I’m hiring a lawyer.” Alex responds by saying, “Judi, I can’t pay you $20,000.” Judi says, “Then Alex, we are done negotiating.” Alex responds by saying, “Okay, Judi, I’ll pay the $20,000 to put this behind me.” Has Alex effectively accepted Judi’s offer? Fully explain your answer.
  17. David’s Ice Cream runs a series of advertisements on social media. The advertisement promotes a sale of a “5-gallon tub of hand-churned ice cream for $1!” The 5-gallon tub of ice cream is actually on sale for $10, but the price in the advertisement was the result of a mistake made by an employee responsible for designing the advertisement. The advertisement ran for five days before anyone noticed the mistake. Choose the best answer.
  18. On June 11, Kang sends an e-mail message to SalesCo offering to buy 240 bags of cement from SalesCo at a price of $2,000. SalesCo responds by mailing a letter, via first-class mail, on June 12, indicating that SalesCo, is not interested in selling cement at the price offered by Kang. The letter arrives on June 14.
  19. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. During the telephone conversation, Gabby tells Esther that the salary offered by Esther is inadequate. Esther tells Gabby that she is no longer interested in hiring Gabby and hangs up. Gabby’s action constitutes a ________________ of Esther’s offer.
  20. If an offeror and offeree enter into a valid and enforceable option contract, the offeree will retain the power of acceptance during the option period, unless:

Other sets

  1. When applying the “Battle of the Forms” provision of the Uniform Commercial Code, which of the following is false?
  2. If an offeror and offeree enter into a valid option contract, the offeree will retain the power of acceptance during the option period, unless:
  3. A buyer of goods offers to pay $200 for 100 dark-green widgets from a seller if the widgets are shipped promptly. The seller may not accept the offer in which one of the following ways:
  4. Alex and Barb meet to discuss a contract for Alex to design new landscaping around Barb’s midcentury ranch-style home. Alex looks at the property, sketches out some ideas, and offers to provide her with detailed design plans if Barb will pay him $3,500 once the plans are complete. Barb, intending to make a contract, shakes Alex’s hand and indicates that she “can’t wait” to see his designs. Which of the following statements is least significant for the purpose of determining whether Alex and Barb have formed a contract?
  5. Alan and Darcy meet and discuss the terms for hiring Darcy to excavate an underground storage tank on Alan’s property. During their meeting the two agree on the timing, price, and scope of work that would be performed, but they agree that “we won’t have a binding deal until we have put this agreement in writing and we have both signed it.” Alan asks his lawyer to draft the agreement. However, the lawyer is busy, and does not produce a writing promptly. Under time pressure to get the work started, Alan tells Darcy to go ahead and start the excavation work and assures Darcy that he’ll pay her for the work. Darcy starts working on the excavation.
  6. On February 11, Lonnie sends an email message to Food Source, offering to buy 100 bags of animal feed from Food Source, Inc., at a price of $1,000. Food Source, Inc., responds by mailing a letter, via first-class mail, on February 12, indicating that Food Source, Inc., is not interested in selling animal feed at the price offered by Lonnie. The letter arrives on February 14.
  7. In a unilateral contract, acceptance is made when?
  8. Big Mart publishes an advertisement in the local newspaper. This week’s advertisement includes an advertisement for a television for $100. The television advertised is actually worth $1,100, and the price in the advertisement was the result of a mistake made by an employee responsible for designing the advertisement
  9. In a contract for the provision of services, when an offeree responds to an offer by the beginning of performance,
  10. Which of the following events does not terminate an offeree’s power of acceptance?
  11. If an offeror mails an offer to an offeree, and the offeree responds by properly mailing the acceptance back to the offeror, when is the acceptance effective?
  12. Derick is the office manager of a dental practice. On Monday, he offers to pay Housekeeping Solutions, Inc., $500 per week to provide overnight cleaning services at the dental practice. He tells Housekeeping Solutions, Inc., that if they want the job, the only way they can accept is to stop by the office Friday at 5:30 p.m., allow him to show them around the office area, provide them with a key to the building, and identify the employees who will be performing the work.
  13. Louis is a human resources manager. He interviews Tim for a sales associate position. He offers to hire Tim for a 12-month contract term that will pay him a base salary plus a bonus in the amount of 1.5% of Tim’s total monthly sales, payable at the end of each quarter. Tim responds by saying, “That sounds good. I’d just need those bonuses to be paid monthly.”
  14. Three identical, adjacent, undeveloped commercial real estate parcels are for sale in an industrial
    Parcels 1 and 2 are owned by Philippe. Parcel 3 is owned by Carol. Philippe and Carol are at a community event together. Baxter is a real estate investor who happens to meet Philippe and Carol at the event. He offers to purchase Parcel 3 from Carol, who says his offer is too low for her to consider. Philippe, however, tells Baxter that he accepts Baxter’s offer.
  15. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. Gabby thanks Esther and asks if she can consider the offer overnight and let Esther know her decision on Tuesday. Esther agrees.
  16. Deena is the purchasing manager for a manufacturing company. The company’s parking lot needs to be sealed and repainted. She calls Jack, who owns an asphalt sealing and painting company, and says: “What do you guys charge to seal and paint parking lots?” Jack responds with the amount, per square foot, that his company charges. Does Jack’s response constitute an offer?
  17. You are reviewing an email that includes the following proposition of law: “Death or incapacity of the offeree will terminate the power of acceptance, but death or incapacity of the offeror will not terminate the power of acceptance.” Is that statement accurate or not? Explain your answer.
  18. A vacuum-cleaning retailer instructs its salespeople to make sales of its product by visiting residences of prospective customers during the day. One salesperson visits a prospective purchaser’s residence, finds nobody answering the door, and leaves a new vacuum cleaner at the door together with a note that
    says: “Please make payment in the amount of $350 within 10 days. If you do not return the unit within 10 days, you will be deemed to have agreed to purchase it.” If 10 days expire and the customer has not returned the vacuum, does the customer’s silence constitutes acceptance of the offer to purchase the vacuum? Explain your answer.
  19. In contracts for the sale of goods, a contract will not fail for ___________________, if the parties have intended to make a contract and if there is a reasonably certain basis for giving an appropriate remedy.
  20. Esther, a human resources manager for a company, interviews Gabby, a prospective employee, on Monday. The evening after the interview, Esther calls Gabby and offers her a position with the company, describing the position, salary, and benefits. During the telephone conversation, Gabby asks Esther where her office would be located in the company’s office suite, if she decided to accept the offer. Esther tells Gabby that she is no longer interested in hiring Gabby and hangs up. Esther’s action constitutes a ________________ of her offer to Gabby.
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