BLAW Final Exam Questions and Answers
Offer and Acceptance
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 b...
BLAW Final Exam Questions and
Answers
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".
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.
4. course of dealing, performance, or usage of trade.
Possible defenses or lan implied warranty of fitness for a particular purpose - answer
1. specific disclaimer excluded or modified warranty (disclaimer must be in writing and
be conspicuous. "there are no warranties which extend beyond the description on the
face hereof.")
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.
4. course of dealing, performance, or usage of trade.
Possible defenses of an implied warranty arising from course of dealing or trade usage -
answer 1. warranty was excluded by specific language or as provided under UCC 2-
316.
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