Chapter 10: Creating a contract
Courts have generally held that advertisements for the sale of goods at a specified price are ______
not offers
If an offeree attempts to accept an offer that has been terminated, the original offeror is ______
the offeree of a new offer
What, if anything, must an offeree do to accept a unilateral contract?
Perform the act the offeror requests
If there is no offer, ______
there is no contract
Which of the following is not a requirement for promissory estoppel?
A violation of the parol evidence rule
As a general rule, which of the following is correct regarding whether a person going to a show is bound by the fine print on her ticket?
If the offeree reads the fine print, or if a reasonable person would have been on notice of the fine print, she is bound by it.
As a general rule, what are advertisements for the sale of goods at a specified price?
Invitations for readers of the advertisement to make an offer
Which of the following is correct regarding a firm offer?
It must be made by someone who deals in the kinds of goods involved in the offer.
Which of the following is correct regarding an option contract?
The option is a separate contract for the limited purpose of holding the offer open.
Which of the following is correct regarding website and newspaper advertisements?
Website advertisements, like newspaper ads, generally are treated as invitations to buyers to make an offer rather than as offers themselves.
Which of the following is created when an offeree gives the offeree something of value in exchange for a promise not to revoke the offer for a state period of time?
an option contact
Traditionally, shrinkwrap agreements were ______
enforced unless their terms violated contract rules such as unconscionability
A(n) ______ cannot be revoked if the offeror promises to hold the offer open.
firm offer
The two main requirements a court looks for in determining whether the offeror had a present intent to contract are ______ and ______
how definite the supposed offer is; whether the offeror has communicated the offer to the offeree
Sellers at auctions are generally held to be ______
inviting others to buy an auctioned item
If an offer has been terminated and the offeree nevertheless attempts to accept the offer, the ______
offeree becomes an offeror
Subcontractors who submit a bid for a portion of a project are considered
offeror
Advertisements for rewards for the return of lost property, for information, or for the capture of criminals are generally held to be ______ for ______ contracts
offers; unilateral
The basic thing courts require for the creation of an offer is a ______ intent to contract on the part of the ______
present; offeror
If parties have dealt with each other on a regular basis, their ______ will be considered in determining a reasonable time for acceptance
prior dealings
In a unilateral contract situation, if the offeree starts to perform but the offeror revokes before the performance is complete and the offeror benefited from the offeree's attempted performance, some courts may allow the offeror to revoke but require him to pay the offeree the ______ under a(n) ______ contract theory.
reasonable value of the performance; quasi
As a general rule, if an offeror has promised not to revoke her offer for a stated period of time, ______
she may nevertheless revoke the offer at any time prior to acceptance
Today, the judicial trend is to ______ and, consequently, more ______ and ______ terms
tolerate more indefiniteness; open; missing
If an offer does not state a time for acceptance, it is _____
valid for a reasonable time
After a court decides that an offer existed, it must then decide ______.
what, if anything, the offeree agreed to