Legal Environment #2

Generally, when an agreement is deemed illegal, courts will label the contract ______.

void

Who accepts the terms of an offer?

the offeree

When people hear the term formal contract, what often comes to mind is a(n) ______.

contract under seal

Which of the following types of contracts is clearly set forth in either written or spoken words?

express contract

______ is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

Promissory estoppel

All ________ can be classified as either bilateral or unilateral.

contracts

A severable contract is also known as a(n) ______ contract.

divisible

In pari delicto means ______.

in equal fault

Which of the following represents termination of a contract?

rescission

Promissory estoppel occurs when three conditions are met:

-One party makes a promise knowing the other party will rely on it. - the other party does rely on the promise - the only way to avoid injustice is to enforce the promise

______ damages are also known as special damages.

Consequential

Which of the following are duties that cannot be delegated?

Duties that are personal in nature

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and void or voidable contracts?

Allowing evidence that proves a contract is void or voidable violates the parol evidence rule.

Which of the following is an inaccurate statement regarding the communication of acceptance of an offer to the offeror?

An acceptance must be communicated in writing for it to be effective.

Which of the following is an inaccurate statement regarding Sabbath laws?

An executed contract created on a Sunday can be rescinded.

Which of the following is an accurate statement regarding legal remedies and equitable remedies for a breach of contract?

Both legal remedies and equitable remedies are potentially available in a breach of contract action.

What is the legal effect of a material breach of contract?

It discharges a nonbreaching party from his obligations under the contract.

A promise to do something that you are already obligated to do is not valid consideration.

First- performance of a duty you are obligated to do under the law is not good consideration. Second- performance of an existing contractual duty is not good consideration

Identify the effect of an agreement being deemed illegal.

It becomes void.

In the context of the discharge of a contract by law, which of the following is an accurate statement regarding subjective impossibility of performance?

It does not discharge the parties' obligations under a contract.

Which of the following is an accurate statement regarding the Restatement (Second) of Contracts rule regarding notice of assignment?

It grants legal right to the first assignee in most situations.

Promissory estoppel is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract

One exepction to the rule requiring consideration is promissory estoppel.

Under which of the following circumstances will courts find nondisclosure in a contract as having the same legal effect as an actual false assertion?

There is a failure to correct an assertion of fact no longer true in light of events that have occurred since the agreement was initially formed. & a relationship of trust exists between the parties to the contract

A(n) ______ contract contains multiple parts that can each be performed separately.

severable

If the acceptance of an offer is received after a rejection is received, ______.

the acceptance is not valid because the rejection terminated the offer

To enter into a valid and enforceable agreement for services, the services that require a license must be ______ by one party to the agreement.

active

An exception to the rule regarding liquidated debt occurs when the debtor offers ______ performance.

different

Scienter means ______.

knowledge

Which of the following is an accurate statement regarding gambling?

Gambling is illegal in the vast majority of states.

The term ______ applies to a contract in which not all of the terms have been fully performed.

executory

The term ______ refers to the fact that the agreement in question is so unfair that it is void of conscience.

unconscionable

There are exceptions to the Preexisting- Duty Rule:

-unforeseen circumstances -additional work - UCC, sales of goods

To eliminate this problem of the battle of the forms, UCC Section 2-207 significantly modified the mirror-image by providing that, as a general rule, an offeree may include in the acceptance terms that are additional to or different from the terms of the offer as long as

1- the offeror did not explicitly state in the offer that all terms of the offer must be accepted exactly as proposed 2- the offeror does not promptly reject the new terms on receipt of the acceptance 3- the new terms do not materially change the terms of the original offer

Which of the following is an accurate statement regarding partial payment of a liquidated debt?

A creditor's promise to accept less than owed for a liquidated debt is not binding.

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts with serious and obvious typographical errors?

A written agreement is fundamentally altered by allowing parol evidence to correct a typo.

Which of the following is an accurate statement regarding the rights of third-party beneficiaries to sue to enforce contract obligations?

An intended beneficiary can sue to enforce a contract obligation, while an incidental beneficiary cannot sue to enforce a contract obligation.

Which of the following is an incorrect statement regarding legal remedies and equitable remedies for a breach of contract?

Equitable remedies and legal remedies are known as money damages.

Which of the following is an accurate statement regarding the relationship between the parol evidence rule and the subsequent modification of an existing, written contract?

Evidence of a written contract's subsequent modification is admissible if it was made after the contract and if it clearly indicates the modification.

As previous stated, if an acceptance is received after a rejection is received, the acceptance is not valid because the rejection terminated the offer.

However, sometimes a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror. In that case, a valid contract has been former because the rejection is not effective until it is received

Which of the following is an inaccurate statement regarding the communication of the acceptance of an offer?

If no means of communicating an acceptance is specified, it is mandatory for an acceptance to be in writing.

Which of the following is an incorrect statement regarding the subsequent modification of an existing, written contract?

If the contract's terms require modifications to be in writing, oral modifications are nevertheless admissible.

Which of the following is an incorrect statement regarding whether an assignment can be made despite an antiassignment clause in a contract?

Laws do not currently recognize any exceptions to the enforceability of an antiassignment clause in a contract.

______ refers to the unconscionability that derives from the process of making a contract.

Procedural unconscionability

______ is the termination of a contract.

Rescission

Which of the following is an incorrect statement regarding a contract under seal?

States today require contracts to be under seal.

______ unconscionability involves overly harsh or lopsided substance in an agreement.

Substantive

According to the majority of jurisdictions, which of the following is an accurate statement regarding a minor's right to disaffirm a contract when the consideration he or she received has been damaged or destroyed?

The minor can disaffirm the contract, and the other party has no recourse.

According to the Restatement of Contracts, which of the following is not a circumstance under which silence can constitute acceptance of an offer?

The offeree does not believe that silence constitutes acceptance and does not manifest an intent to be bound by contract.

Which of the following is an accurate statement regarding a dispute for an unliquidated debt?

The parties involved may settle for less than the full amount by entering into an accord and satisfaction.

Which of the following is not a requirement for an accord and satisfaction to be enforceable?

The parties seek prior judicial approval of the accord and satisfaction.

According to the Restatement (Second) of Contracts, discharge by reason of commercial impracticability requires the party claiming the discharge to prove all but which of the following?

The party claiming discharge was the victim of undue influence.

Which of the following is NOT a condition for promissory estoppel to occur?

The promisor is under a moral or prior contractual obligation to make the promise.

Which of the following is an incorrect statement regarding the vesting of contract rights?

To say that contract rights have vested means that the rights have not yet matured.

As a general rule in most states, which of the following contracts is a minor allowed to disaffirm?

a contract for joining a school team

Which of the following is not a specific type of contract that falls within the statute of frauds?

a contract for the sale of goods valued at less than $500

Which of the following is a type of formal contract according to the Restatement (Second) of Contracts?

a contract under seal

Which of the following is not a required element for the valid acceptance of an offer?

contemporaneous acceptance of the contractual terms

Which of the following refers to the legal ability to enter into a binding agreement?

contractual capacity

Which of the following is a duty that can be delegated?

duties that are standardized and nonpersonal in nature

A bilateral contract involves a promise ______.

for a promise

A(n) ______ is a party who agrees to do something under a contract.

obligor

Which of the following is a major obstacle to genuine assent in contracts?

undue influence & a mistake

If ______ circumstances cause a party to make a promise regarding an unfinished project, that promise is valid consideration.

unforeseen

In a liquidated debt, there is no dispute about the fact that money is owed and the amount of money owed.

A creditor's promise to accept less than owed, when the debtor is already obligated to pay the full amount, is not binding

Which of the following is an accurate statement regarding adhesion contracts?

Adhesion contracts usually do not allow for debate regarding the agreement.

Which of the following is an accurate statement regarding an indivisible contract?

An indivisible contract requires complete performance by both parties.

Which of the following is an accurate statement regarding an invitation to negotiate?

An invitation to negotiate is not an offer.

______ is defined as the bargained-for exchange.

Consideration

Past consideration is NO consideration at all.

Consideration is an essential element of a contract.

Which of the following is an incorrect statement when the performance of a contract is subject to the satisfaction of a contracting party?

Contractual satisfaction is considered an implied condition that must be met before the other party's obligation to pay for the performance arises.

Which of the following is an accurate statement regarding the relationship between the parol evidence rule and void or voidable contracts?

Courts allow parol evidence to demonstrate that a contract is void or voidable.

An offeror has the power to control the means by which the acceptance is communicated, and if the offeror specifies that only a certain means of communication will be accepted, then only that method of communication forms a valid offer.

EXAMPLE: Jennifer offers to paint Bill's car for $500 but says that he must accept the offer by telephone before midnight on Thursday. If he sends her email Thursday morning accepting her offer, there is no valid contract. Even though email might a valid means of accepting a contract offer if no means specified, when the offer is limited to a specific means of communicating the acceptance, only that means results in a valid contract. Thus Bill's attempted acceptance was a simply a new offer.

For a promise to be enforced by the courts, there must be consideration. A court will enforce one party's promise only if the other party promised something (an act, money, etc) in exchange.

For example, in a bilateral contract (a promise for a promise), the consideration for each promise is a return promise

Which of the following is a correct statement regarding the enforcement of a contract with a person who is not lawfully licensed?

In a "no license, no contract" state, no agreement with an unlicensed professional is enforceable.

What is the legal effect of a minor breach of contract?

It may entitle a nonbreaching party to damages, but it does not discharge the nonbreaching party from the contract.

______ damages may be specified in a contract as either a fixed amount or a formula for determining how much money is due.

Liquidated

Which of the following is not an accurate statement regarding the contractual capacity of an intoxicated person?

Most states follow the Uniform Contracts Code, which addresses the effect of intoxication on contractual capacity.

Which of the following is an accurate statement regarding Sabbath laws?

Most states with Sabbath laws allow the performance of charity work on Sundays.

All but which of the following circumstances would trigger a successful request for contract rescission on grounds of duress?

One party realizes after the contract is formed that the agreement is a "bad bargain."

______ damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future.

Punitive

______ laws are also known as blue laws.

Sabbath

Which of the following is an accurate statement regarding a contract that is against generally accepted public policy?

Such a contract is unenforceable.

Which of the following is an accurate statement regarding contract alteration by one of the parties to an agreement?

The alteration must be material for the innocent party to be discharged from the contract.

A plaintiff must prove all but which of the following in order to recover equitable relief?

The contract between the plaintiff and the defendant was for the sale of goods valued at $500 or more.

Which of the following is not a possible legal outcome when a usurious loan is made?

The court will declare the usurious loan void and award the debtor an equity interest in the subject lending institution.

Suppose a debtor owes a credit card company $3,000. She calls the company and tells its representative that she cannot afford to repay the $3,000 but that she can pay $2,000. The credit card company agrees to accept the $2,000 as payment in full. Which of the following is an accurate statement regarding whether the credit card company has the right to recover the remaining $1,000 from the debtor?

The credit card company can recover the remaining $1,000 since a creditor's promise to accept less than owed for a liquidated debt is not binding. & The company cannot recover the $1,000 since the "different performance" exception to the partial payment of a liquidated debt rule applies.

Which of the following is not a requirement for an accord and satisfaction to be enforceable?

The creditor refuses to accept as full payment less than the creditor claims is owed.

Which of the following is not a requirement for an accord and satisfaction to be enforceable?

The debt is liquidated.

In the context of the discharge of contracts by law, what is the legal effect of impossibility of performance?

The parties to the contract will be discharged.

Which of the following is an accurate statement regarding the legality requirement of contract enforcement?

To be enforceable, a contract must both have a legal exchange as its subject and be able to be performed legally.

The courts settled on the Mailbox Rule , which provides that an acceptance is valid when it is placed in the mailbox, where as revocation is effective only when received by the offeree.

Today, the mailbox rule has been expanded to apply to faxes in some jurisdictions, with courts holding that once the fax has been transmitted, the acceptance is effective. It is likewise applied to email transmissions in that once the acceptance is sent, it is considered accepted.

Consideration is what a person will receive in return for performing a contract obligation

Types of Considerations: *benefit to the promisor *detriment to to the promisee *promise to do something *promise to refrain from doing something

An illusory promise is not consideration

What is an illusory promise? Suppose Shawn offers to sell Molly his skis for $300. Moll responds, "I'll look at them in the morning and if I like them, I'll pay you." At this point, Molly has not committed to do anything. The law considers this an illusory promise - that is, it is not a promise at all. Moreover, an illusory promise is not consideration.

Which of the following is an incorrect statement regarding the applicability of the parol evidence rule to a nonfinalized, partially written and partially oral, contract?

When a contract consists of both written and oral elements, judges tend to treat the agreement as finalized.

Which of the following is an incorrect statement regarding performance subject to the satisfaction of a contracting party?

When a judgment involved is a matter of personal taste, courts apply an objective satisfaction standard.

For a mutual mistake to interfere with legal consent, it must involve all but which of the following?

a buyer who relied on the seller's sales talk (also known as "puffery") & a contract for the sale of goods transaction that provided ambiguous bargaining power

Which of the following is not a recognized exception to Sabbath laws?

a contract for the sale of alcohol

Which of the following is a specific type of contract that falls within the statute of frauds?

a contract related to an interest in land

Which of the following is a type of intended beneficiary?

a creditor beneficiary

Which of the following is not one of the elements required for a finding of fraudulent misrepresentation in a contract?

a false statement about a fact that is unimportant to the contract & a preexisting commercial relationship between the parties in the agreement

Under which of the following circumstances will a court find nondisclosure in a contract as having the same legal affect as an actual false assertion?

a relationship of trust exists between the parties to the contract

Suppose a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror. In such a case, ______.

a valid contract has been formed because the rejection is not effective until it is received

All but which of the following evidence is typically excluded under the parol evidence rule?

a written contract itself

If the offeror does not specify a time period that an offer will be valid, the offer terminates ______.

after a reasonable period of time

Which of the following is not a common form of negotiable instrument?

an I.O.U.

Which of the following parties would be most likely to convince a court to enforce an exculpatory clause in its favor?

an amusement park

Which of the following is not a type of formal contract according to the Restatement (Second) of Contracts?

an implied-in-law contract

According to the Uniform Commercial Code, which of the following is a recognized exception to the writing requirement of the statute of frauds?

an oral contract between merchants & An oral contract for customized goods

A contract in restraint of trade is also known as a(n) ______ agreement.

anticompetitive

A(n) ______ occurs when a party to a contract transfers his or her rights to a third party.

assignment

A ______ occurs when a party fails to perform his or her obligations under a contract.

breach

In general, there are two ways an offeree can manifest her or his intent to enter into the contract:

by performance or by a return promise

A seller removes 20,000 miles from a car odometer before selling the car to a buyer. This is known as ______.

concealment

In the context of contract law, ______ involves the active hiding of the truth about a material fact in a contract.

concealment

For a promise to be enforced by the courts, there must be ______.

consideration

Which of the following is not a major obstacle to genuine assent in contracts?

consideration

In the context of contractual capacity, which of the following is not a type of mental capacity a person suffering from a mental illness or deficiency might have?

constructive legal capacity

If Juan agrees to pay Amanda's credit card debt, Amanda's credit card company is a(n) ______ beneficiary.

creditor

As long as some of the duties under a contract have not yet been performed, the contract is considered ______.

executory

A(n) ______ ratification occurs when, after reaching the age of majority, a person states that he or she intends to be bound by a contract.

express

Consequential damages are ______ damages that result from special facts and circumstances arising outside the contract itself.

foreseeable

Various exceptions to the statute of ______ include admission, partial performance, and promissory estoppel.

frauds

In the context of contract law, a(n) ______ misrepresentation is a false representation of a material fact that is consciously false and is intended to mislead the other party.

fraudulent

A(n) ______ ratification occurs when a former minor takes some action after reaching the age of majority that is consistent with an intent to ratify the contract.

implied

If a homeowner enters into a contract with a builder to replace the windows in his house, there is a(n) ______ condition that the builder will be allowed to enter the house to complete the window removal and installation.

implied

If an unforeseen event occurs that makes it physically or legally impossible for a party to carry out the terms of a contract, the parties will be discharged due to ______.

impossibility of performance

______ is some sort of mental or physical defect that prevents a natural person from being able to enter into a legally binding contract.

incapacity

A(n) ______ beneficiary is one who unintentionally gains a benefit from a contract between other parties.

incidental

A(n) ______ contract requires complete performance by both parties, even if it appears as though the contract contains multiple parts.

indivisible

As a general rule, an advertisement ______.

is an invitation to make an offer

Damages specified as a term of the contract, before a breach of contract occurs, are known as ______ damages.

liquidated

An express ratification may be ______.

made either orally or in writing

A disaffirmance by a minor of a contract must occur before or within a reasonable period of time of the age of _______.

majority

Which of the following is a required element for the valid acceptance of an offer?

manifestation of intent by the offeree to be bound by the acceptance

If you are the manager of a hotel and a person who booked a room for the week calls to cancel the reservation, you have a duty to attempt to rent the room to someone else to minimize the damages. This is known as the duty to ______ damages.

mitigate

To recover damages in a breach-of-contract case, the plaintiff must demonstrate that he or she used reasonable efforts to ______ the damage resulting from the defendant's breach.

mitigate

In the context of contract formation, a(n) ______ mistake is shared by both parties to the agreement.

mutual

When both parties to a contract are mistaken about either a current or a past material fact, it is referred to as a(n) ______ mistake.

mutual

A ______ is a written document signed by a person who makes an unconditional promise to pay a specific sum of money on demand or at a certain time to the holder of the instrument.

negotiable instrument

If no actual damages resulted from a breach of contract, the court may award the plaintiff ______ damages.

nominal

In the context of legal remedies, a court awards a plaintiff $1. This is most likely indicative of ______ damages.

nominal

With an anticipatory breach the _______ party is discharged from the contract.

non breaching

Which of the following is one of the varieties of restrictive covenants?

noncompetition in employment

Attorney Jack Highlander agrees to represent Charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) ______ under the contract.

obligor

A(n) ______ is an indication of the willingness of the offeror to enter into a contract.

offer

What are the two essential elements of an agreement?

offer and acceptance

In a unilateral contract ( a promise for an act)...

one party's consideration is the promise and the other party's consideration is the act.

The purpose of the ______ rule is to restrict evidence from being admitted that substantially contradicts the agreement in its written form.

parol evidence

Contracted parties discharge their obligations by doing what they respectively agreed to do under the terms of an agreement; this is called discharge by ______.

performance

A contract in restraint of trade violates public ______.

policy

Public ______ involves both the government's concern for its citizens and the beliefs people hold regarding the proper subject of business transactions.

policy

When an entire contract is conditioned on something occurring first, that first thing is known as a condition ______.

precedent

The absence of an opportunity for a person to read over a contract fully and ask any questions before he or she is required to sign is an example of ______ unconscionability.

procedural

A contract is a set of legally enforceable ______.

promises

Suppose that Amanda contracts with Alex to clean his house. In return, Alex agrees to pay Amanda's credit card debt to her credit card company. In this third-party beneficiary contract, Alex is the ______.

promisor

The ______ in a third-party beneficiary contract is the party to the contract who made the promise that benefits the third party.

promisor

One exception to the contract rule requiring consideration is ______.

promissory estoppel

An implied acceptance of a contract occurs when a former minor takes some action after reaching the age of majority that is consistent with an intent to ______ a contract.

ratify

A court may order a(n) ______ of a written contract if the contract does not reflect the parties' actual agreement and needs to be rewritten.

reformation

A written document is rewritten to reflect what the parties had actually agreed on; this is known as ______.

reformation

Which of the following is not a recognized way to terminate an offer?

revocation by the offeree & rejection by the offeror

According to the Restatement (Second) of Contracts, if a first assignment is legally voidable or revocable by the assignor, a later assignee is considered the legal owner of a contractual right if he or she offers something to the assignor as consideration and then obtains any but which of the following?

service of process from the first assignee

John enters into an agreement to lease an apartment for five years, conditioned on him not being called to active duty in the National Guard. If he is called to serve, this is a condition ______, and his obligation to be bound by the lease is discharged.

subsequent

If no means of communicating the acceptance is specified, any reasonable means is generally acceptable.

telephone, telegraph,mail,fax, and email are all valid means of accepting an offer. If a person drafting an offer wants to acceptance to be only by a particular means, the offer must make it clear that only a certain means is allowed

If an offer states that it will be held open for only a certain time, the offer ______.

terminates when the specified time expires

If unforeseen circumstances cause a party to make a promise regarding an unfinished project,

that promise is valid consideration

The mirror image says

that the terms of the acceptance must mirror the terms of the offer. If the terms of the acceptance do not mirror the terms of the offer, no contract is formed. Instead, the attempted acceptance is counteroffer.

In determining whether a third party is an intended beneficiary, courts ask whether the contracting parties intended the third party to be all but which of the following?

the incidental beneficiary

If a party to contract agrees to do additional work (i.e more than she is obligated to do under the contract)

the promise is valid consideration

Which of the following is not a writing element required by the statute of frauds?

the signature of both parties at the end of the contract

Which of the following is not an element required for a writing to satisfy the statute of frauds?

the signature of the plaintiff suing to enforce the contract

Which of the following is not a relevant factor in determining the appropriate amount of punitive damages?

the wealth of a plaintiff

The court seldom considers adequacy of consideration.

this rule means that the court does not weigh whether you made a good bargain.

Which of the following is a recognized purpose of the statute of frauds?

to prevent parties from entering into contracts with which they do not agree

Which of the following is not one of the main purposes of the statute of frauds?

to promote the notion that a person's word is his or her "bond"

There are times when agreements are so one-sided, or heavy-handed against one party, that courts will not make the harmed, innocent person fulfill his or her contractual duties. These heavily one-sided agreements are known as ______ agreements.

unconscionable

In the context of contract formation, a ______ mistake is an error by one party about a material fact pertaining to the contract.

unilateral

In a ______, one party's consideration is the promise, and the other party's consideration is the act.

unilateral contract

Which must exist for a quasi contract to be enforced by the courts?

unjust enrichment

Silence, as a general rule, cannot be

used to form a contract.

A minor's contract is ______.

voidable

Which of the following is not a factor a court will consider in determining whether a party is an intended or an incidental beneficiary in a contract?

whether the third party paid the obligor consideration for the benefit

In an unliquidated debt, the parties either dispute the fact that any money is owed or agree that some money is owed but dispute the amount. A dispute over an unliquidated debt may be settled for less than the full amount if the parties enter into an accord and satisfaction. For accord and satisfaction to enforceable, three requirements must be met:

1. the debt is unliquidated (the amount or existence of the debt is in dispute 2. the creditor agrees to accept as full payment less than the creditor claims is owed. 3. the debtor pays the amount they have agree on

Which of the following is a recognized exception to the general rule that an illegal agreement is void?

A member of a specific, protected class is involved in an agreement that contradicts a statute intended to protect the specific class. & a contract involving one party's justifiable ignorance of facts

Which of the following is an accurate statement regarding a minor's right to disaffirm a contract?

A minor has the right to disaffirm a contract until a reasonable time after reaching the age of majority.

Which of the following is not an accurate statement regarding the contractual capacity of a mentally incapacitated person?

A person has full capacity to enter into a contract if she suffers from a mental deficiency that prevents her from understanding the transaction.

In the context of contract law, which of the following is true about the action of courts when there is a unilateral mistake in a contract?

Courts are hesitant to interfere with the contract when one of the parties has a correct understanding of the material facts of the agreement.

Which of the following is an accurate statement regarding an unenforceable agreement?

No remedy is available for such an agreement.

Which of the following conditions would not permit a court to invalidate a contract on the grounds of unilateral mistake?

One party entered into the contract as a result of sales talk, or "puffery."

Which of the following is a correct statement regarding the relationship between the parol evidence rule and incomplete contracts?

When a contract is fundamentally flawed in missing critical information, courts can allow parol evidence to provide the missing information.

Which of the following is not a valid type of consideration?

a promise to serve as a donee

An assignment occurs when a party to a contract, the ______, transfers his or her rights to the contract to a third party, the ______.

assignor; assignee

Fraudulent misrepresentation is ______ misrepresentation.

intentional

Which of the following addresses contractual discharge by reason of commercial impracticability?

the Restatement (Second) of Contracts

Which of the following are the two types of mistakes related to contract formation and enforcement?

unilateral and mutual

Which of the following is not required for a plaintiff to recover under a theory of quasi-contract?

The defendant conferred a benefit on the plaintiff greater in value than the benefit that the plaintiff conferred on the defendant.

Which of the following is not a recognized exception to the statute of frauds?

nonperformance

Restatement of Contracts, however, offers three circumstances under which silence can be an acceptance.

1st - the offeree recieves the benefits of the offered services with reasonable opportunity to reject them and knowledge that some form of compensation is expected, yet the offeree remains silent. 2nd - the offeror tells the offeree that silence or inaction will constitute an acceptance, and the offeree, by remaining silent, intends to accept. 3rd- the parties, by their previous course of dealing with each otther, have established a pattern of behavior whereby it would be reasonable to assume that silence was intended to communicate acceptance.