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An offer that is indefinite may be clarified by reference to another writing through:


A) incorporation.
B) reference.
C) annotation.
D) indexing.

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A

When an offer has been accepted:


A) a subsequent revocation of the offer may serve to nullify the resulting contract.
B) a contract is formed, assuming that all of the other elements of a contract are present.
C) either party may withdraw from the resulting contract without consent.
D) the acceptance is executory.

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Acceptance of an offer to form a unilateral contract need not be communicated to the offeror to be effective.

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Contract terms may not be implied from conduct.

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Generally, advertisements, catalog prices, and circulars are offers that can be accepted.

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The bid of each contractor for a job is considered an offer.

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An output contract is too vague to be a legally-enforceable agreement.

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If an offer requires that acceptance be communicated by a specific date and the acceptance is properly dispatched by the offeree on the final date,


A) no contract is formed, since the offeror will undoubtedly receive the dispatched acceptance after the deadline for acceptance.
B) a contract is formed, but the contract is voidable at the election of the offeror.
C) the acceptance is timely and a contract is formed, even though the offeror actually receives the acceptance well after the specified date has passed.
D) the acceptance is timely and a contract is formed, but only if the offeror actually receives the acceptance by the deadline specified for acceptance.

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A firm offer is an offer that states that it is to be irrevocable, or irrevocable for a stated period of time.

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An offer is terminated upon rejection by the offeree unless:


A) the period of time for which the offeror agreed to keep the offer open has not yet expired.
B) the offeror renews the offer.
C) the offeree revokes the rejection.
D) the offeree makes a counteroffer.

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B

Bart owned 100 shares of a stock that was actively traded on a national stock exchange. Bart wanted to sell the shares but felt that his profit would be seriously diminished by selling through a broker and paying the customary brokerage commission. Bart offered the 100 shares to any of a group of six people in a conversation at a party. The offered price was $72.50 per share, the price at which the shares had closed that day. No one really responded to the offer at that time. Ten days later when the shares were trading at $76.25, Marie, one of the offerees at the party, appeared at Bart's office saying that she accepted the offer. Bart claimed the offer no longer was available. Evaluate the legal outcome of this dispute.

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When an offer is made and the offeror do...

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A(n) __________ contract is a contract to buy all requirements of the buyer from the seller.


A) output
B) essentials
C) necessaries
D) requirements

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A requirements contract is too vague to be a legally-enforceable agreement.

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An acceptance must be absolute and unconditional.

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An otherwise vague contract may be clarified by references in the contract to other documents or agreements.

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If not an offer, the first statement made by one of two persons is most properly termed a(n) :


A) option.
B) acceptance.
C) invitation to negotiate.
D) contract.

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In general, an acceptance occurs when:


A) a particular form of words is stated to the offeror.
B) a particular mode of expression is made to the offeror.
C) the offeree reserves the right to reject the offer.
D) a clear expression of the offeree's agreement to be bound by the terms of the offer occurs.

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D

A party to an existing contract can modify the agreement without the other party's actual acceptance or approval.

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If no termination date is specified for an offer, the offer will remain open:


A) for one year.
B) for six months.
C) for a reasonable period of time.
D) until someone accepts the offer.

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In an auction __________, the auctioneer takes bids as agent for the seller with the understanding that no contract is formed until the seller accepts the transaction.


A) without reserve
B) with reserve
C) without preserve
D) with preserve

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