Cases 14th Edition by Kenneth W. Clarkson; Roger
LeRoy Miller; Frank B. Cross Chapter 1-51 Complete
Guide
(Sale of Goods Situation) - answer- Needs no consideration. It can be a one-way contract. It can be
enforceable if there is a throw-in or modification. It is binding without consideration. (ex. Laptop no
wires and no warranty) (have a contract/ warranty)
3 Test to An Offer - answer- Contractual intent must be present in the offer.- Presently bound to an
enforceable contract. Legally enforceable promise. (Ex. Parent promise to buy a car for kid)
The offer must be communicated to the offeree - A person who is not the intended offeree cannot
accept the offer, nor can a person accept an offer without knowing it has been made.
The essential terms of the offer must be complete & definite. - Definite (In referral to a contract) - Each
essential term must be identified clearly.
A party must argue that: - answer- (1) there was a mistake;
(2) that the mistake must be material, meaning, that it must concern substantive characteristics of the
subject of the contract;
(3) the mistake was mutual, meaning both parties had the same mistaken belief.
Accept a Bilateral Contract - answer- both parties are bound by their exchange of promises.
Accept a Unilateral Contract - answer- By the act or acts of the offeree in accordance with the offer, and
that an acceptance of an offer must be in accordance with its terms, meaning full performance by the
offeree is needed in order for that contract to come into existence.
Active concealment - answer- refers to the situation where a party conceals any information which they
have a duty to disclose. The concealment may occur through actions, writings, or spoken words.
Adhesion contract - answer- A "standard-form" contract, such as that between a large retailer and a
consumer, in which the stronger party dictates the terms.
, 2025 Solutions Manual for Business Law Text and
Cases 14th Edition by Kenneth W. Clarkson; Roger
LeRoy Miller; Frank B. Cross Chapter 1-51 Complete
Guide
Arbitrary Rule - answer- If a merchant promises to keep the offer open, he can revoke it. If he gives you
signed agreement to keep the offer open , the merchant can't revoke it.
Bilateral contract - answer- A type of contract that arises when a promise is given in exchange for a
promise.
Confidential Relationship - answer- Failure to disclose info be fraud - a relationship in which one party
places full confidence and trust in the other.
Contract - answer- An agreement that can be enforced in court; formed by two or more parties, each of
whom agrees to perform or to refrain from performing some act now or in the future.
Contract not to compete - answer- In contract law, a non-compete clause (often NCC), or covenant not
to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or
start a similar profession or trade in competition against another party (usually the employer). Some
courts refer to these as "restrictive covenants."
Contract with a throw-in - answer- Has to be in writing. (a year warranty)
(ex. $600 laptop with three-month warranty)
(ex. $400 laptop with a two month warranty has a contract )
Counteroffer - answer- An offeree's response to an offer in which the offeree rejects the original offer
and at the same time makes a new offer.
Duress - answer- Threats of illegal conduct, committing or threatening a crime, tort, act of violence. The
threatened or actual violence may be to the life, liberty, or property of victim, his/her family; Coercion