When applying the “Battle of the Forms” provision of the Uniform Commercial Code, which of the following is false?
If an offeror and offeree enter into a valid option contract, the offeree will retain the power of acceptance during the option period, unless:
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:
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?
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.
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.
In a unilateral contract, acceptance is made when?
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
In a contract for the provision of services, when an offeree responds to an offer by the beginning of performance,
Which of the following events does not terminate an offeree’s power of acceptance?
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?
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.
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.”
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.
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.
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?
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.
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.
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.
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.