BLAW REVIEW PRACTICE STUDY TEST.
Offer and Acceptance - CORRECT ANSWER 1. the acceptance of unilateral offers can be made by a
promise to ship or by shipment itself.
2. not all terms have to be included for a contract to result.
3. particulars of performance can be left open.
4. Firm written offers made by a MERCHANT, the duration of which is 3 months or less, cannot be
revoked.
5. Acceptance by performance requires notice within a reasonable time; otherwise, the offer can be
treated as lapsed.
6. The price does not have to be included to have a contract.
7. variations in terms between the offer and the acceptance may not be a rejection but may be an
acceptance.
8. acceptance may be made by any reasonable means of communication; it is effective when dispatched.
Consideration - CORRECT ANSWER A modification of a contract for the sale of goods does not require
consideration.
Requirement under the Statute of Frauds - CORRECT ANSWER 1. all contracts for the sale of goods
priced at $500 or more must be in writing.
2. exceptions:
a. when written confirmation of an oral contract between merchants is not objected to in writing by the
receiver within 10 days.
b. when the oral contract is for specially manufactured goods not suitable for resale to others, and the
seller has substantially started to manufacture the goods.
c. when the defendant admits in pleadings, testimony, or other court proceedings that an oral contract
for the sale of goods was made. In this case the contract will be enforceable to the quantity of goods
admitted.
d. when payment has been made and accepted under the terms of an oral contract. The oral agreement
will be enforceable to the extent that goods have been received and accepted.
, When is a writing sufficient? - CORRECT ANSWER as long as it indicates a contract between the parties
and it is signed by the party against whom enforcement is sought. A contract is not enforceable beyond
the quantity shown in the writing
Patrol Evidence - CORRECT ANSWER 1. The terms of a clearly and completely worded written contract
cannot be contradicted by oral or other evidence.
2. Patrol evidence is admissible to clarify the terms of a writing:a. if the contract terms are ambiguous.
b. if the evidence of course of dealing, usage of trade, or course of performance is necessary to learn or
to clarify the intentions of the parties to the contract.
Unconscionability - CORRECT ANSWER an unconscionable contract is one that is so unfair and one sided
that it would be unreasonable to enforce it. if the court deems a contract to be unconscionable at the
time it was made, the court can 1) refuse to enforce the contract; 2) refuse to enforce the
unconscionable clause of the contract; or 3) limit the application of any unconscionable clauses to avoid
an unconscionable result.
How is an Express Warranty created? - CORRECT ANSWER as a part of a sale or bargain, a seller may
create an express warranty by -
1. an affirmation of fact or promise.
2. a sale by description.
3. a sample shown as conforming to bulk.
Possible defenses of an Express warranty - CORRECT ANSWER 1. statement that is purported to create
warranty was an option.2. specific language or conduct negated or limited warranty.
How is an Implied warranty of merchantability created? - CORRECT ANSWER The warranty arises when
the seller is a merchant who deals in goods of the kind sold.
Possible defenses of an implied warranty of merchantability - CORRECT ANSWER 1. warranty was
specifically disclaimed (disclaimer can be oral or in writing but must mention merchantability and must
be conspicuous).
2. sale was stated to be "as is" or "with all faults".
3. The buyer examined the goods and is therefore bound by all defects that were found or should have
been found. If the buyer refused or failed to examine, the buyer is bound by obvious defects.
Offer and Acceptance - CORRECT ANSWER 1. the acceptance of unilateral offers can be made by a
promise to ship or by shipment itself.
2. not all terms have to be included for a contract to result.
3. particulars of performance can be left open.
4. Firm written offers made by a MERCHANT, the duration of which is 3 months or less, cannot be
revoked.
5. Acceptance by performance requires notice within a reasonable time; otherwise, the offer can be
treated as lapsed.
6. The price does not have to be included to have a contract.
7. variations in terms between the offer and the acceptance may not be a rejection but may be an
acceptance.
8. acceptance may be made by any reasonable means of communication; it is effective when dispatched.
Consideration - CORRECT ANSWER A modification of a contract for the sale of goods does not require
consideration.
Requirement under the Statute of Frauds - CORRECT ANSWER 1. all contracts for the sale of goods
priced at $500 or more must be in writing.
2. exceptions:
a. when written confirmation of an oral contract between merchants is not objected to in writing by the
receiver within 10 days.
b. when the oral contract is for specially manufactured goods not suitable for resale to others, and the
seller has substantially started to manufacture the goods.
c. when the defendant admits in pleadings, testimony, or other court proceedings that an oral contract
for the sale of goods was made. In this case the contract will be enforceable to the quantity of goods
admitted.
d. when payment has been made and accepted under the terms of an oral contract. The oral agreement
will be enforceable to the extent that goods have been received and accepted.
, When is a writing sufficient? - CORRECT ANSWER as long as it indicates a contract between the parties
and it is signed by the party against whom enforcement is sought. A contract is not enforceable beyond
the quantity shown in the writing
Patrol Evidence - CORRECT ANSWER 1. The terms of a clearly and completely worded written contract
cannot be contradicted by oral or other evidence.
2. Patrol evidence is admissible to clarify the terms of a writing:a. if the contract terms are ambiguous.
b. if the evidence of course of dealing, usage of trade, or course of performance is necessary to learn or
to clarify the intentions of the parties to the contract.
Unconscionability - CORRECT ANSWER an unconscionable contract is one that is so unfair and one sided
that it would be unreasonable to enforce it. if the court deems a contract to be unconscionable at the
time it was made, the court can 1) refuse to enforce the contract; 2) refuse to enforce the
unconscionable clause of the contract; or 3) limit the application of any unconscionable clauses to avoid
an unconscionable result.
How is an Express Warranty created? - CORRECT ANSWER as a part of a sale or bargain, a seller may
create an express warranty by -
1. an affirmation of fact or promise.
2. a sale by description.
3. a sample shown as conforming to bulk.
Possible defenses of an Express warranty - CORRECT ANSWER 1. statement that is purported to create
warranty was an option.2. specific language or conduct negated or limited warranty.
How is an Implied warranty of merchantability created? - CORRECT ANSWER The warranty arises when
the seller is a merchant who deals in goods of the kind sold.
Possible defenses of an implied warranty of merchantability - CORRECT ANSWER 1. warranty was
specifically disclaimed (disclaimer can be oral or in writing but must mention merchantability and must
be conspicuous).
2. sale was stated to be "as is" or "with all faults".
3. The buyer examined the goods and is therefore bound by all defects that were found or should have
been found. If the buyer refused or failed to examine, the buyer is bound by obvious defects.
