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BLAW Final Exam with complete solutions 2024_2025
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BLAW Final Exam with complete solutions 2024_2025
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BLAW Final Exam with completesolutions 2024/2025
Offer and Acceptance - 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 - ANSWER- A modification of a contract for the sale of goods does
not require consideration.
Requirement under the Statute of Frauds - 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? - 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 - 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 - 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? - 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 - 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? - 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 - 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".
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