Chapter 11: The Agreement: Acceptance (SmartBook Assignment)

A correct statement about communication in the context of acceptance of an offer would be that: ____________.

it is a vital component of the present intent to contract required for the creation of an offer.

If an offeree seeks to change the terms of an offer before accepting it, the offeree is said to have __________.

made a counteroffer

A risk associated with the __________ rule is that it could lead to an offeror being bound by an acceptance that he or she never receives.

mailbox

The rule protects an offeree's reasonable belief that a binding contract was created when an acceptance was dispatched is the __________ rule.

mailbox

Match the following contracts (left column) with their descriptions (right column).

Bilateral contract > To accept an offer, an offeree must make the promise requested by the offer. Unilateral contract > To accept an offer, an offeree must perform the requested act.

If an offer merely suggests a method or place of communication, an offeree must __________.

accept within a reasonable time by any reasonable means of communication

A(n) _____ is a "manifestation of assent to the terms of an offer made by an offeree in the manner invited or required by the offer."

acceptance

A traditional contract law states that __________.

an acceptance of an offer must be a mirror image of the offer

Intent to accept an offer is objectively demonstrated __________

by either words or conduct or a combination of the two

Even if there is silence, __________ or ___________ between the parties may indicate the offeree's intention to accept the offer. (Pick TWO correct answers)

customary trade practices prior business dealings

When an offer stipulates a certain means of communication for acceptance, an acceptance by the stipulated means of communication is effective when it is ____________.

dispatched

Under the mailbox rule, properly addressed and dispatched acceptances can become effective when they are __________.

dispatched by offerees

One true statement about acceptance of an offer by other than the stipulated means of communication is that it: ____________.

does not create a contract.

A(n) _________ of an offer occurs when an offeree accepts the terms of the offer while complaining about them.

grumbling acceptance

Oral acceptance of an offer creates a binding contract __________.

if the parties had concluded their negotiations and reached agreement on all the essential aspects of a transaction

Acceptance of a bilateral contract can either be ___________ or ___________. (Pick TWO correct answers)

implied by actions express by promise

A(n) __________ occurs when an offeree merely asks about the terms of an offer without indicating that he or she is rejecting it.

inquiry regarding terms

Three factors that courts use to determine whether an offeree accepted a contractual offer are if the offeree: _______, _______, and _______. (Choose three correct answers)

intended to enter a contract communicated his or her acceptance to the offeror accepted on the terms proposed by the offeror

In contract law, the general rule is that an offeree's silence is ____________.

not an acceptance

Courts applying modern contract rules may prevent an ______ from ______ an offer once the offeree has begun performance.

offeror; revoking

To accept an offer to enter a bilateral contract, an offeree must __________.

only make the promise requested in the offer

The person with the legal power to accept an offer and create a contract is the _________.

original offeree

To accept an offer to enter a unilateral contract, an offeree must __________.

perform the requested act

In order to determine if an offeree has accepted an offer, a court will look for the same ________ on the part of the offeree that it found on the part of the offeror.

present intent to contract

In the context of the acceptance of an offer, an offeror has the power to __________.

specify the manner in which acceptance must be communicated

One true statement of an offeree's acceptance in a bilateral contract is that: ____________.

the offeree can accept with a promise, which can be either express or implied.

If the parties decide to put their agreement in writing, a party to the agreement who later wants "out of the deal" may argue that she is not bound because: ____________.

the parties intended to be bound by a written signed agreement

An attempt to accept an offer by anyone other than the original offeree is _________.

treated as an offer