ADMS 2610 : Answer Key

142 views4 pages

orchidguinea-pig143

29 Oct 2011

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Richard Gasparini

For unlimited access to Study Guides, a Grade+ subscription is required.

Document Summary

Question 1: nadal and roger have a contract. (students should provide the elements that comprise a contract). The mailbox rule is in effect (define mailbox rule) and the contract was formed when. Nadal put the letter of acceptance in the mail on october 6th. The revocation was ineffective because it was not communicated to nadal until october 7th, which was too late (define revocation rule. : roger"s offer contains a term that avoids the application of the mailbox rule. There can be no deemed acceptance when nadal mails his acceptance since the terms of the offer are that acceptance is effective only when the cheque is received. Nadal on october 7th, but the certified cheque does not reach roger until october 12th, the revocation is effective and there is no contract. Contingency fees are a good thing as it eases access to lawyers by people who cannot afford it.

Related Questions

Choose a, b, c or d.

1. For a communication to be an offer,

a. It must be addressed to one or more specific persons.

b. It must describe the goods and state or provide a means for determining their quantity.

c. It must state or provide a means for determining the price.

d. Both a and b above

2. For an offer to be irrevocable (i.e, to make it a "firm offer"),

a. The offeror must state or imply that the offer is irrevocable

b. The offer must be in writing

c. the offer must be signed

d. All of the above

e. Both b and c above

3. An offer can be made irrevocable (i.e, made a "firm offer") if:

a. It is made by a merchant

b. it is in writing signed by the offeror

c. it is limited in time to no more than 3 months

d. All of the above

e. Both a and b above

4. An offeree may withdraw his acceptance of an offer:

a. any time before it is dispatched

b. any time before it is received

c. simultaneous with its receipt

d. all of the above are true

e. both a and b are true

5. Delta Co. in State D sent an offer by email to Echo Co. in State E on 1st Jan.

On 10th Jan, Echo Co. mailed back a rejection.

On 11th Jan, Echo Co. changed its mind and sent an acceptance in the mail.

On 22nd Jan, the acceptance was received.

On 23 Jan the rejection was received. There was:

a. No contract because the rejection was effective on its dispatch on 10 Jan

b. A contract because the acceptance was effective on its dispatch on 11 Jan

c. A contract because the acceptance was effective on its receipt on 22 Jan

d. No contract because the rejection was effective on its receipt on 23 Jan

e. None of the above

amethysthippopotamus839

TRUE or FALSE

1.The UCC requires application of the "mirror image" rule in cases where contracts for the sale of goods are made by exchanging forms.

2.A contract generally comes into existence and becomes binding at the moment the parties have reached an agreement on all material provisions, although they may intend to later write down the terms of the agreement.

3.An acceptance must be in writing.

4.If an authorized means of acceptance is expressly present, any attempt by the offeror to accept by a non-authorized means is effective upon dispatch.

5.A bilateral contract is a promise for a promise.

6. If one or both parties to a form contract are non-merchants, the additional terms proposed by one of the parties are treated as:

	a.	revocation.
	b.	void.
	c.	expressly conditional.
	d.	proposals for addition to the contract.

7. Under the UCC Rule 2-207 for the sale of goods when a contract is made by the exchange of forms, when the acceptance form has terms additional to or different from the offer:

	a.	a contract can result but the differing terms may not be part of the contract.
	b.	no contract will result because the acceptance form will not be considered as a counter-offer.
	c.	a contract can result and the differing terms must be included as part of the contract.
	d.	no contract will result because the acceptance form will be considered as a counter-offer and thus an implicit rejection of the offer.

erineagle120

1.(Please Note: There may be more than one correct answer)

If Peggy says to Larry, "I'll give you $50 if you stand on your head for one hour":

	a.	Larry must verbalize his assent in order to render effective acceptance.
	b.	The statement can form the basis for a unilateral contract.
	c.	Larry must stand on his head to accept Peggy's offer.
	d.	Peggy and Larry have created a contigent cont

2. An acceptance is effective as soon as it is dispatched if the offeree uses:

	a.	any reasonable means of communication.
	b.	only a stipulated means of communication.
	c.	only an authorized means of communication.
	d.	an authorized as well as the stipulated means of communication.

3.Under the UCC, an order requesting "prompt" shipment of goods:

	a.	impliedly invites acceptance only by a prompt promise to ship.
	b.	invites acceptance by either a prompt promise to ship or by prompt shipment of goods.
	c.	requires acceptance via writing within a "reasonable" time frame.
	d.	impliedly invites acceptance only by a prompt shipment of goods.

4. (Please Note: There may be more than one correct answer)

On February 21, 2012, Stateville College President Erhlich sent a letter to Lt Governor Alfred E. Neuman asking Neuman to speak at theStateville College commencement on the topic "Do Brains and Politics Mix?" On February 24, Neuman responded in a fax, "I'll speak if you will pay a $50,000 speaking fee." On February 25, President Erhlich heard Neuman say something unintelligent on the morning news program and sent an email to Neuman which said "I revoke my offer for you to speak at commencement." Ten minutes later, Neumanchecked his email on his smartphone, and five minutes after that Neuman called Erhlich and said, "I've changed my mind. I accept your offer and I'll be glad to speak for free." Which of the following is a correct statement of the law?

	a.	Neuman's fax was a counter-offer which terminated Ehrlich's offer.
	b.	If Neuman's February 24 fax can be viewed as an inquiry rather than a counter-offer, and Ehrlich had received Neuman's call before Neuman received Ehrlich's email, Ehrlich would have been bound to a contract with Neuman despite his attempt to revoke because his revocation would only have been efffective when received by Neuman.
	c.	Under these circumstances, Ehrlich had no right to revoke his offer at any time before receiving Neuman's call.
	d.	Even if Neuman had phoned to accept before reading Erhlich's email, no contract would have formed because the February 25 email was not effective to revoke the offer made on February 21.

5. Browse wrap agreements are:

	a.	in paper form.
	b.	viewed by some courts as voidable.
	c.	per se illegal.
	d.	viewed by some courts as illegal.

purplehippopotamus358

ADMS 2610 : Answer Key

Document Summary

Get access

Related Documents

ADMS 2610 Study Guide - Midterm Guide: Certified Check, Maple Leaf Foods, Alternative Dispute Resolution

ADMS 2610 Lecture Notes - Lecture 2: Testator, Embezzlement, Estoppel

ADMS 2610 Study Guide - Final Guide: Fax, Estoppel

Related Questions